Terms | conditions

1. Scope of Application 

These Terms and Conditions (T&C) govern the relationship between Parallel Concept ltd. (“Seller” or “We”, “Us”, “Our”) and the Users of www.hayabrand.com (the “Site”). A party in this relationship may be only a natural person of full age who has a functioning email address (“User” or “You”, “Your”). Subject of the legal relations arising from the use of the Site are leather products – bags, belts and other accessories (“Product(s)”).

2. General Provisions 

           2.1 Seller within the meaning of these T&C is

Parallel Concept ltd

Registered address: 1000 Sofia, dimitar hadjikotsev 78 str. floor 1. apt 18

Internet: www.hayabrand.com

Managing director: tonya manolova georgieva

Identification Number (UIC): 205553341

email: studio@hayabrand.com

phone: +359889102880 (on working days between 09:00 and 17:00 CET)

2.2. For all mutual claims arising between the Seller and the User in connection with the use of the Site, these T&C exclusively apply in the version in effect at the time of placing an order through the Site.

2.3. These T&C also contain information under the laws on consumer protection and e-commerce, which the Seller is obliged to provide when selling goods electronically.

2.4. Terms and conditions of the Users deferring Deterrents from these T&C do not become part of the legal relationship with the Seller arising from the use of the Site as described below.

3. Conclusion of a Contract 

3.1 The presentation of the Products on the Site does not constitute a binding offer of the Seller for conclusion of a contract. The User is given the opportunity to make an offer to buy the Products the User has selected.

3.2 In general, our offers are addressed to end-Users and are not intended for further trade, hence only retail orders in quantities usual for personal use are accepted. User acting in the capacity as businessman, who wants to purchase Products at wholesale may send an inquiry via email to sales@hayabrand.com.

3.3 The User makes an offer to buy the Products through the Site. For this purpose, the User may, but not necessarily, register on the Site with a profile. In the event an User is using the Site and placing orders without a registered User profile (as a Guest), the User has to provide the entire order information specified on the Site.

3.4. All data provided by an User when registering on the Site and / or making orders through it, including as a Guest, must be up to date and accurate. Registered Users have the possibility to log in, view, modify, and delete their entered data at any time. Users using the Site as Guests have the possibility to view, modify, and delete the information they enter while placing the order before sending it to the Seller. The User is responsible for the authenticity of the information the User provides when registering and placing orders through the Site. The Seller is not liable for any damage suffered by the User or third parties beyond the control of the Seller.

3.5. An offer for conclusion of a contract is made by the User, after having passed the steps for placing an order and provided the needed information by pressing the “Place Order” button. Before the offer is made, the User has the opportunity to check, modify and delete all data entered by the User in the order process.

3.6. After making the offer, the User will receive an email confirmation from the Seller. This confirmation of the order does not constitute acceptance of the offer by the Seller, but serves only as the order receipt information.

3.7. The contract of sale of Products ordered by the User (the “Contract”) is concluded by sending and receiving the ordered Products by the User or by sending a confirmation for conclusion of a contract by the Seller to the User after the order has been placed (whichever occurs earlier). Acceptance of the offer for conclusion of a contract is made at the discretion of the Seller. The Seller has the right to refuse to accept and execute an offer made by an User, including in the event of impossibility to execute an online payment with the data entered by the User or when other data provided by the User in the User’s profile is inaccurate or incomplete.

4. Technical Requirements 

 4.1. The minimum requirements for placing orders through the Site include the availability of a computer (desktop or laptop), mobile or other device that allows access to the Internet, including the necessary accessories and hardware to work with this device, such as a mouse, keyboard, etc .; availability and accessibility of an e-mail; availability and the accessibility of an Internet browser. The recommended minimum screen resolution is from 1360×768  to 1920×1080. The recommended versions depending on the User’s browser are: Internet Explorer – 9 or later, (ii) Mozilla Firefox – 36 or later, (iii) Safari for MAC 10 or later, for Windows 5 or later, for iOS 5 or later, (iv) Microsoft Edge – all versions, (v) Google Chrome  – 48 or later.

4.2. Regardless of the hardware and software used by the User to access the Site, it should be borne in mind that the images provided on the Site are illustrative and the Products delivered may minimally differ from images. To get the most accurate idea of the actual appearance and color of a Product, the user needs to check the settings (contrast, brightness, color, etc.) of the device used.

4.3. The User should not provide the password for access to the Site to third parties and must take care to prevent unauthorized access of third parties to it. For misuse of a User’s password, such as third-party orders with a User’s password, and the resulting consequences, the User is liable under the applicable legal regulations.

4.4. The Seller stores the text of the order made by the User electronically and sends the saved data by email. These T&C can be read at any time in the “Terms and Conditions” section of the Site. Registered Users can check previous orders at any time on their profile.

4.5. The execution of the order and the contact with the User are usually made by e-mail notifications. Therefore, the User must ensure that the email address provided is correct and valid and at all times has access to it so that the User can receive and read the messages sent by the Seller in connection with the conclusion and performance of the Contract. This also applies to the use of unsolicited commercial communication (SPAM) filters that must be set up to provide the User with the ability to receive emails sent by the Seller or third parties hired by the Seller to execute the order ( e.g. courier companies).

5. Right of Withdrawal 

 5.1. You have the right to withdraw from the Contract within 14 days without giving any reason.

5.2. The withdrawal period will expire after 14 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 goods.

5.3. To exercise the right of withdrawal, you must inform Us at our contact details stated in these T&C of your decision to withdraw from the Contract by an unequivocal statement by e-mail.

5.4. To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.

5.5. Effects of Withdrawal

If you exercise your right of withdrawal from this Contract, we will invite you to send us or return the Products to us without undue delay and in any event no later than 14 days from such an invitation. Return of Products should not be made before receiving such an invitation. The deadline is met if you send us the Products back before the period of 14 days has expired.

5.6. If you withdraw from the Contract, we shall reimburse to you all payments received from you without undue delay and in general not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold reimbursement until we have received the Product(s) back and we have inspected them. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

You are liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s). Upon receipt of a Product after exercising the right of withdrawal, the Seller will inspect the Product immediately and, in the event that it does not show any deficiencies as a result of testing by the User, the Seller will refund the full amount paid by the User for its purchase. If the Product shows any deficiencies from good commercial appearance that renders it unfit for further sale by the Seller, the Seller reserves the right to (i) refuse to accept the User’s withdrawal or (ii) refund to the User an amount equal to the residual value of the Product. In the event that the Seller does not accept the User’s withdrawal as a result of the defective commercial appearance of the Product, the User shall be entitled to receive the Product back at the User’s own expense.

5.7. The User’s right of withdrawal from the Contract is not provided regarding delivery of Product(s) made to the User’s specifications or clearly personalised.

6. Terms of Payment and Delivery 

6.1. All prices listed on the Site are final prices in the currency indicated and contain the applicable value added tax. Possible additional costs for sending and shipping the ordered Products are specified in the order process.

6.2. In case of online payment, the Seller is not responsible for any costs related to bank charges, fees or other additional payments made by the User in connection with the transaction, as well as in the case of a currency exchange when the payment is made by card to an account in other than the specified currency of the price of the Product. Users are responsible for informing themselves about all applicable fees and charges due to their bank or other financial services provider in connection with payment to the Seller.

6.3. When exercising a right of withdrawal, the User is responsible for the cost of returning the Products to the Seller’s address as stated in the beginning of these T&C. It is the responsibility of the User to choose the most advantageous method of sending.

6.4. Information provided by the Seller regarding the availability and shipment and delivery terms regarding a Product is approximate and based on the Seller’s experience but does not constitute binding shipment and delivery terms. Upon confirmation of the order made by e-mail, the Seller will specify the availability of the Product and the period for execution of the specific order.

6.5. If the Seller is prevented from sending the Product selected by the User for reasons for which the Seller is not liable, the Seller shall inform the User who has the option to choose another Product.

6.6. Unless otherwise agreed, the Products are shipped via the courier company of the Seller’s choice to the delivery address specified by the User. Registered Users are required to keep their delivery addresses in their profiles up-to-date and to indicate any change in their user profile data to ensure delivery. Users using the Site as Guests are required to provide current and accurate delivery addresses and, if necessary, edit them before the order is placed.

7. Contract Term and Termination 

7.1. The Contract is concluded for the delivery of Product(s) selected by the User(s) until the order placed by the User is executed. The Contract has no long term effect and does not give rise to any rights to the User or obligations to the Seller for repeated delivery of Products.

7.2. The Contract may be terminated by an User before its execution has begun by an express statement made via email to studio@hayabrand.com within the term of 6 hours as of placing the order. This right can not be exercised if the User has already been notified by the Seller that the order has been processed and the Product is ready to be dispatched.

8. Payment Terms and Conditions. Set-off 

8.1 The Seller provides the following payment methods if and to the extent that the Product description does not state otherwise:

– credit or debit card (Visa, Mastercard)

– PayPal

Registered Users are required to maintain up-to-date data on the payment method, incl. account number, card number, etc. in their profile, and indicate any changes to the profile data to ensure that the order is executed. Users using the Site as Guests are required to provide full and accurate data on the selected payment method to ensure that the order is executed.

When selecting a PayPal payment, the contractual relationship between the User and PayPal is governed exclusively by the terms of use of the PayPal platform. (The service provider is PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th Floor, 22-24 Boulevard Royal, L-2449, Luxembourg).

8.2. If we have granted a discount (through code, voucher, or otherwise), you can only apply one discount for one order. Discounts granted can not be combined with promotional offers marked as such on the Site, nor can more than one type of discounts be combined. Discount can not be paid out in cash and may only be used to reduce the value of an order made through the Site. The validity of the discounts granted is indicated when they are granted. Upon expiry of the indicated discount period, the User may not claim renewal, re-provision or other use of the expired discount.

8.3. Orders placed through the Site are processed after receipt of the payment.

8.4. The consumer is entitled to set-off only with indisputable and established by effective court decisions claims or such recognized in writing by the Seller. A right of detention may be only exercised on the basis of counter-claims based on the same contractual relationship.

9. Retention of Title. Purchase 

9.1. The delivery of the Product will be certified by the User’s signature of the transport document provided by the courier company instructed by the Seller with the delivery of the Product. The risk of loss or damage to the Product will be passed on to the User at the time when the User or a designated third party, other than the courier company representative, accepts the goods.

9.2. Any Product delivered to an User by virtue of a Contract concluded through the Site remains the property of the Seller until full payment of the purchase price.

10. Warranty 

10.1. The Seller is obliged to deliver a Product which ис in conformity with the Contract.

10.2. In the event of lack of conformity of a Product with the Contract, the User has the right to make a claim under the procedure provided in these T&C by requiring the Seller to repair the Product or replace it with another Product conforming with the Contract. The User may not require replacement of Product if its lack of conformity with the Contract is negligible or its claim may be otherwise satisfied by the Seller.

10.3. The Seller is required to bring the Product into conformity with the Contract on its own account within 1 month of the claim made in accordance with these T&C. If the Seller does not do so, the User has the right to rescind the Contract and to receive reimbursement or to reduce the price of the Product in proportion to its lack of conformity with the Contract. The right to rescind the contract is excluded if the Product’s lack of conformity with the Contract is negligible.

10.4. The Seller is not liable for any damages or lack of conformity of the Product with the Contract (i) caused by improper storage and use of the Products, (ii) caused by attempts to repair the Product by the User or other person not authorized by the Seller, (iii) resulting from external influences, mechanical damage, increased humidity, etc., (iv) due to the natural deformation of the Product as a result of the natural impact of its use over time, as well as (v) if the User do not provide the necessary documents for the claim, provided in these T&C.

10.5. The Seller is not liable for damages caused by slight negligence. This does not apply to damages to health, life or body, as well as to damage caused by slight negligence as a result of violation of Seller’s essential obligations.

10.6. The legal provisions on product safety apply.

11. Claims 

11.1. The User is entitled to a claim for any lack of conformity of the Product with the Contract.

11.2. Upon receipt of the Product, the User shall promptly inspect it for obvious defects and, upon the establishment of such, shall not accept the shipment of the Products by the representative of the courier company who shall return it to the Seller. In the event that the User fails to do so, it is considered that the User accepts the Product unconditionally and the Product is in conformity with the Contract and fit for its normal use. This only does not apply to hidden defects, which can not be determined by a simple inspection and can occur later when using the Product.

11.3. In order to exercise the right of claim, the consumer must notify the Seller by email to studio@hayabrand.com by submitting documents in connection with the purchase of the Product (including cash receipt, invoice, transport document, acceptance protocol for the Product), as well as evidence, incl. photographs, for the lack of conformity of the Product with the Contract.

11.4. When making a claim, the User indicates the subject matter of the claim.

11.5. The Seller shall review the claim within 1 month of receipt of the Product and shall notify the User by email of its decision to accept or reject the claim. If the claim is filed in accordance with these T&C and the Seller has not responded to the claim within one month, the claim is deemed to have been accepted by the Seller. 

12. Terms of Use and Provision of Content by Users

12.1. These T&C govern the conditions for submission of photos, videos, and other content by Users for sharing on the Site or on Seller’s Facebook and Instagrams accounts (“User Content”). By providing such User Content, no matter how – by uploading it to the Site, sending an email to the Seller or posting, including through a link on a Seller’s site or social network profile, the User agrees with these T&C. This also applies to a change in these T&C, for which Users will be appropriately informed and is deemed to have been accepted by providing User Content after it has been published in the Terms and Conditions section on the Site.

12.2. By providing User Content to Seller the Users agree that this User Content will be used by the Seller royalty free and without limitation in time, territory, and scope in all ways permitted by law. Users may not require the return of voluntarily submitted User Content, including if posted as hard copy to the Seller’s geographic location.

12.3. By providing User Content to the Seller, Users ensure that they have the right to use and provide this content without being encumbered with third parties’ rights and without infringement of such rights. By providing User Content to the Seller, Users agree to indemnify the Seller for any and all damages incurred by the Seller as a result of third party claims in connection with User Content.

12.4. Users undertake not to provide User Content containing or displaying unlawful, pornographic, sexist, youth-threatening or defamatory statements or any other punishable content. Users are not allowed to provide User Content for commercial, political or religious purposes.

12.5. Users ensure that their User Content does not contain viruses, Trojans, worms or other programs that may affect the functionality of the Site.

12.6. The Seller reserves the right not to publish, to delete or to otherwise remove User Content that is inconsistent with these T&C.

12.7. The Seller has the right to process and customize User Content, including to fit it in format, quality, and other metrics in order to use it for the purposes set forth in these T&C.

13. Seller’s Liability Limitations for electronic links to external information (linking) 

13.1. The Seller reserves the right to grant access to external information via electronic links. The Seller will take the necessary care to inspect and verify the content of third websites to which the Seller provides access. However, Seller is not required to monitor the information made accessible through the link or to seek facts or circumstances indicating illegal activity after the information has been made accessible through a link posted on the Site. Therefore, the Seller is not liable for any damages the User or any third party may suffer in connection with or on the basis of any activity or information to which the Seller has provided a link without knowing the unlawful nature of the activity or information, or without being aware of the facts or circumstances that make the activity or information evidently illegal.

13.2. This limitation of liability applies to all sections of the Site, including for blogs, forums, databases and any other platforms that are publicly accessible.

13.3. The sole liability for unlawful, inaccurate or incomplete content and all damages arising from the use or non-use of such content is of the operator of the site operator to which access has been granted via a link. The Seller is not liable for any illegal activity and content to which Seller has only provided an electronic link.

14. Intellectual Property 

Intellectual Property Rights, incl. copyright and related rights, on the content, incl. photographs, published or otherwise available on the Site, belong to the Seller. Any use of such content is permissible only with Seller’s explicit written consent.

15. Commercial Communication 

15.1. When registering a profile or using the Site as a Guest Users will be invited to give their consent to receive commercial communications from the Seller. Granting this consent is voluntary and in no way affects the conclusion and performance of the Contract.

15.2. The consent given to receive commercial communications may be withdrawn at any time from the link contained in the commercial communications as well as from the profile of the registered Users.

15.3. Seller’s email notifications related to the confirmation and execution of the order or other correspondence with the User regarding the exercise of its rights under these T&C and by law are no commercial communications within the meaning of this section. 

16. Alternative Dispute Resolution 

16.1. In the event that a User believes that his/her consumer rights provided by the Consumer Protection Act or other applicable laws are being violated, the User may file a complaint to the Seller by email at studio@hayabrand.com with a description of the claims, incl. which rights and how the User considers them being violated. The Seller commits to review and respond to the complaint within 30 days of its receipt.

16.2. In addition, you can contact the respective Alternative Dispute Resolution (ADR) bodies, a list of which can be found: use the Online Dispute Resolution (ODR) platform available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

16.3. By providing this information, the Seller does not undertake to participate in alternative dispute resolution procedures and will give its consent to participate in such a procedure in writing on a case-by-case basis.

16.4. The remedies provided in this section for alternative dispute resolution do not deprive the User of the possibility to seek satisfaction of their claims in all legally permissible ways. 

17. Final Provisions 

17.1 If one or more provisions of these T&C are or become either wholly or partly invalid or unenforceable, this does not affect the validity and enforceability of these T&C in their entirety.

17.2. These T&C govern exhaustively the relationship between the Seller and the User. The provisions of the law applicable to the Contract shall apply to matters not dealt with in these T&C.

17.3. When creating an user profile or when placing an order through the Site as a Guest without registration, the User provides the Seller with personal data needed to place orders through the Site. The Seller processes the personal data as a data controller for the purposes of performance of the Contract or for other legitimate purposes described in Our Privacy Policy. When processing Your personal data, the Seller takes the necessary technical and organizational measures to protect them. Details of the purposes and means of processing Your personal data as well as Your rights as data subjects can be found in our Privacy Policy published on the Site.

17.4. The Seller reserves the right to unilaterally modify these T&C with effect for the future, including in the event of incompleteness or inconsistency with mandatory statutory provisions. Upon the modification of these T&C during the operation of a Contract entered into through the Site, the Seller expressly notifies the affected Users by email.