Terms and Conditions

1. Terms and Conditions
2. Privacy Policy

Terms and Conditions for using SpiralFashion.com

  1. In General

    Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

    Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

    This Website also contains links to other websites, which are not operated by Spirala Ltd. (the "Linked Sites"). Spirala Ltd. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

  2. Prohibitions

    You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Spirala Ltd. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

  3. Intellectual Property, Software and Content

    The intellectual property rights in all software and content made available to you on or through this Website remains the property of Spirala Ltd. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Spirala Ltd. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

    You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Spirala Ltd. or its licensors.

  4. Spirala Ltd. Community Areas

    • Registration

      Spirala Ltd. reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.

      If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.

    • Submission of material

      By submitting any material to us, you automatically grant Spirala Ltd. the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that Spirala Ltd. is not obliged to publish any material submitted by you on any Spirala Ltd. publication.

      We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).

      In certain circumstances Spirala Ltd. may also share your contribution with trusted third parties.

      By submitting any material to us, you agree to use the Spirala Ltd. Community areas in accordance with the Community Guidelines and these Terms and Conditions and the Community Terms and Conditions.

    • Failure to comply

      If you fail to abide by these Community Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

      This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of Spirala Ltd. Spirala Ltd. reserves the right to delete any contribution, or take action against any Spirala Ltd. account, at any time, for any reason.

      If you do not want to grant Spirala Ltd. the permission set out above on these terms, please do not submit or share your contribution on the website.

  5. Terms of Sale

    By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

    Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Bulgaria and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our delivery charges notice for further information.

    In order to contract with Spirala Ltd. you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Spirala Ltd. retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Spirala Ltd. or may in some cases be a third party. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

    1. Our Contract

      When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

    2. Pricing and Availability

      Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

      All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

    3. Payment

      Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

    4. Discount Codes

      1. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
      2. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
    5. Gift Vouchers

      1. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
      2. We are afraid we cannot accept any responsibility for stolen or deleted gift vouchers.
      3. We will despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We are afraid we cannot be responsible for any delays, no matter how they are caused.
      4. If you are the purchaser, please double check the delivery email address you enter. It is your responsibility to do so and we cannot be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.
        In addition, we cannot take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
      5. From time to time, gift vouchers may get caught in emailcspam filters, and it is up to the recipient to check these filters. We cannot take responsibility if a gift voucher that cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
      6. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
      7. We reserve the right to vary these terms and conditions.

      The conditions of use relating to any discount code will be specified at the time of issue.

  6. Disclaimer of Liability

    The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Spirala Ltd. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Spirala Ltd.'s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

  7. Linking to this Website

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This Website must not be framed on any other site.

  8. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

    Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Spirala Ltd. and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Spirala Ltd.

  9. Indemnity

    You agree to indemnify, defend and hold harmless Spirala Ltd., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

  10. Variation

    Spirala Ltd. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

  11. Invalidity

    If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

  12. Complaints

    We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can email us at info@spiralfashion.com

  13. Waiver

    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  14. Governing Law and Jurisdiction

    These terms and conditions are to be construed in accordance with the laws of Bulgaria and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Bulgarian courts.

  15. Entire Agreement

    The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Spirala Ltd.. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Managing Director of Spirala Ltd..

  16. Company Information

    Spirala Ltd. is a VAT registered company in Bulgaria with VAT number: BG117045225, MOL: Nely Panayotova. Company registration address: 11 Madan str., Rousse, Bulgaria, phone: +359 887 259 649

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  17. Privacy Policy

    Spirala Limited ("Spirala") is totally committed to protecting the privacy of our site visitors and customers. The Spirala team members are customers themselves of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.

    Your Consent

    We will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.

    Communication & Marketing

    If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of Spirala.

    All Spirala members have the option to opt-out of receiving marketing communications from us and/or selected third parties. To unsubscribe click on the "unsubscribe" link in any email communications which might we send you.

    What are Cookies?

    A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit Spiral, by remembering your email address and some personal information for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.

    Site Statistics

    We may disclose aggregate, anonymised statistics about the number of visitors to this Website or number of purchases made as required by our investors. We use an independent measurement and research company to gather data regarding the visitors to this Website on our behalf using cookies and code which is embedded in the site. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors' screen settings and other general information. Spiral uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users.

    Protecting your security

    We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity - a credit check is not performed and your credit rating is unaffected.

    Transfers of your Information

    The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Spirala. Such processing may, for example, be required in order to fulfil your order, process your payment details or provide support services.

    Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

    Disclosures of your information

    We may disclose your personal information to third parties:

    • in the event that Spirala sells or buys any business or assets;
    • if Spirala or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
    • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of Spirala, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

    Third party sites

    Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

    Checking your Details

    If you wish to verify the details you have submitted to Spirala you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and/or some additional information you have submited while shopping. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail. We would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.

    Contacting us

    You have the right to access the information which Spiral holds about you and your right of access can be exercised. Any access request may be subject to a fee of 10 euro to meet our costs in providing you with details of the information we hold about you.

    We are always pleased to hear from our customers (even if it is a complaint!). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied - we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a customer service member of the Spirala team, who will be delighted to answer any questions you may have.

    You can write to us at:

    Spirala Ltd.
    Customer Care
    1 Gorazd street
    Borovo, Bulgaria, Europe

Last edited: March 2011

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