1. General provisions
These general terms and conditions of sale (hereinafter, “Terms and Conditions of Sale”) apply to all distance sales of Other Theory products (hereinafter, “Products” or “Product”) carried out through the http://www.othertheory.com website (hereinafter, “Website”).
Distance selling services described in these Terms and Conditions of Sale are only available to consumers (hereinafter, “Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).
The language used to enter any contract through this Website is English.
Clients are required to carefully read the Terms and Conditions of Sale, which have been made available on the Website to enable Clients to acknowledge, store and reproduce them.
Contracts entered into with Other Theory (as defined below) through the Website are governed by the Bulgarian law.
2. Identification of the vendor
Other Theory is a trading name of Mony Creations Ltd., a company duly incorporated and validly existing under the laws of Bulgaria, registered with the Bulgarian Commercial Registry under UIC 203832214, having its registered seat at Bulgaria, Sofia 1000, 36 Nishava str. (hereinafter, “Other Theory”, “We” or “Us”).
3. Information on Products and their availability
All Products are subject to availability. Other Theory reserves the right at any time to alter limits on quantities and/or types of Products available from the Website. The style, models, and colors of the Products described on the Website may be changed without notice.
Other Theory has made every effort to display as accurately as possible the colors of the Products that appear on the Website. However, as computer monitors vary, we cannot guarantee that Client’s monitor display of any color will be completely accurate.
During the transaction process, the Client will be informed per e-mail when the order will be fulfilled or if the order cannot be processed due to the unavailability of the Product.
The prices of the Products indicated on the Website are in EUR and BGN and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
The essential characteristics and the price of the Products are provided for each Product displayed on the Website.
Before submission of the order proposal, the Client should ensure that he/she read and understand all the instructions provided during the purchase procedure along with these Terms and Conditions of Sale because the Client will be bound by all of them once a contract comes into existence.
By sending an order proposal to Other Theory, the Client acknowledges and declares that he/she has read all the instructions provided during the purchase procedure and fully accepts these Terms and Conditions of Sale.
For standard delivery, Other Theory will charge the account of the Client for payment at the time that the order proposal is submitted by the Client. If products are not available for any reason after Other Theory has accepted the order, Other Theory will inform the Client as soon as possible. Other Theory will not charge the Client for unavailable Products and will refund any amounts already paid by way of a credit to the Client’s credit card/debit card or PayPal account.
Payment of the price of the Products included in the order proposal and delivery charges shall be paid by the Client by credit or debit card. Other Theory accepts payments made with the following credit or debit cards: Visa, MasterCard, Maestro. The Client may also choose to pay with PayPal.
In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale canceled.
7. Conclusion of the contract
The contract between Other Theory and the Client shall be deemed to be executed at the moment that the Client receives confirmation from Other Theory that his/her order proposal has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card. The Client’s order proposal shall become binding on www.othertheory.com when the Website purchase procedure is completed.
Other Theory reserves the right to partially fulfill any order proposal in the event that one or more of the Products ordered by the Client is not available. In such cases, only the amount related to the partially fulfilled order proposal shall be debited.
At the moment of confirmation of the order or execution of the contract, Other Theory shall provide the Client, by email information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and on existing commercial terms.
8. Promotion Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion codes or offers, and must be redeemed by the date published, if provided.
9. Invalidity of the Order Proposal
Notwithstanding the provisions of Paragraph 7 above, no order proposal shall be considered as accepted by Other Theory nor shall any contract be concluded between Other Theory and the Client if Other Theory has reasonable reason to believe that the Client:
- intends to purchase the Products for commercial or professional purposes
- is not a bona fide Client
- attempts to exercise a right of withdrawal in any illegitimate manner
In such cases, the order proposal sent by the Client shall be void and have no effect. Other Theory shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.
10. Transport and Delivery
The Products purchased from the Website shall be delivered to the delivery address specified by the Client in the order form. The signature of the Client or of a nominated adult over 18 years of age will be required at the time of delivery.
For each order, Other Theory shall invoice the Products by email to the Client. The invoice will be based upon the information provided by the Client at the time of the order. Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
All purchases shall be delivered by a selected courier service (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and holidays. Other Theory is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
Other Theory will make every effort to deliver all products within 5 working days as of acceptance of the Client’s order. Where this is not possible, Other Theory will notify the Client and ensure that the Products are delivered within 20 working days from acceptance of the order, unless Other Theory notifies the Client by email, within the same term, of the ordered Products being unavailable, including temporarily unavailable. In this event, Other Theory shall reimburse any amounts paid by the Client in respect of the order.
In the event that, in response to Other Theory’s notification of a delay in the delivery, the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days of the date of receipt of the Client’s notification of cancellation of the order, less any reasonable delivery charges Other Theory has incurred.
The Client or his/her representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier, the Client is required to verify:
- that the number of items being delivered corresponds to that indicated on the delivery note; and
- that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.
11. Right of Return and Exchange
Other Theory seeks the complete satisfaction of its Clients. The Client has the right to return the Products and to withdraw from the contract without specifying any reason or to exchange the Products for a different size, by returning the Products, purchased from the Website within 14 days of the date the Products were delivered.
To exercise the right of withdrawal or to exchange the Products for different size, the Client should email the following to [email protected]
- an indication of his/her intention to return the Products and to exercise the right of withdrawal or the exchange the Products for different size
- an indication of the Products for which the Client wishes to exercise the right of withdrawal and/or exchange
- and the order number
Upon exercising the right of withdrawal, Other Theory shall reimburse the full price of the Products, safe for the shipping costs, provided that they are returned by the Client unworn, unused and undamaged, accompanied by the relevant original invoice and the original packaging. Other Theory shall accept returns and exchanges of Products that have been delivered with a return/exchange label or adhesive or seal only if the instructions for return indicated above are fully complied with and the label or seal is intact and attached to the Product.
Other Theory reserves the right to refuse returns of Products that do not comply with these requirements. Reimbursements shall be made by the same method of payment used for purchase.
The cost of returning the Products shall be borne by the Client. Any cost sustained by the Client in the return of Products is not refundable.
Each delivery shall contain simple instructions for the return of the Products, and a return sticker that is to be put on the box in case of returns.
Other Theory undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order or receipt of the withdrawal.
Other Theory shall send a notification email once the reimbursement has been made.
It is recommended that the Products be returned using a courier, insuring the entire value of the item and using a tracked delivery service. However, you can return the Products by any secure means.
Our returns address is:
Mony Creations Ltd.
39 Stoian Zaimov str
3000 Vratsa, Bulgaria
Please note that we will not be responsible for reimbursement or compensation of Products returned but not received by Other Theory due to loss, theft or damage that is not attributable to Other Theory.
As soon as we have received and taken care of the Client return, we will be in touch by email to update the Client.
If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to [email protected] This e-mail must be sent before the Client receives confirmation of dispatch by Other Theory.
Other Theory shall make every effort to satisfy the Client’s request. However, once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can, however, be returned as set out in these Terms and Conditions of Sale.
We offer a flexible returns policy to make Clients’ online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if Products are returned repeatedly.
12. Guarantee of authenticity and intellectual property rights
Other Theory guarantees the authenticity of all Products purchased on the Website. Products bearing the Other Theory trademark are produced with the best materials and are manufactured by Mony Creations Ltd.
13. Applicable law and competent jurisdiction
These Terms and Conditions of Sale are governed by Bulgarian law and must be interpreted in accordance with Bulgarian laws.
Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions of Sale shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client.
14. EU Online Dispute Resolution Platform
The European Commission has launched an online platform to enable customers to resolve online disputes more cost effectively and with greater ease.
For further information and assistance with the Website or on the methods of purchase online, the Client may contact Other Theory by email to [email protected] or by post to the following address:
Mony Creations Ltd.
36 Nishava str, office 1
1000 Sofia, Bulgaria