TERMS AND CONDITIONS FOR USE OF E-STORE
Kanelov Gallery and Art Studio
- GENERAL PROVISIONS
1.1. The website www.kanelov.com, hereinafter referred to as “the E-STORE” is supported by Slaveika Aladjova EOOD registered in the commercial register and the register of non-profit legal entities at the Registry Agency, with UIC 204975044, registered under the Value Added Tax Act with VAT ID № BG203890648, having its seat in the city of Bansko and registered address on 15 Glazne St., mailing address: 15 Glazne St ., Email: [email protected], tel.: +359 8892465940.
1.2. These General Terms set out the relations between Slaveika Aladjova EOOD, hereinafter referred to as the SERVICE PROVIDER, and the users of the E-STORE, hereinafter referred to as the CLIENTS.
1.3. The terms and conditions for use of www.kanelov.com are obligatory for all CLIENTS of the E-STORE.
1.4. Any use of the E-STORE means that you have read the Terms and Conditions for Use carefully and have agreed to observe them unconditionally.
1.5. The Terms and Conditions for Use may be amended by the SERVICE PROVIDER unilaterally and at its own discretion at any time. Such amendments will enter into force immediately upon being published on the website of the E-STORE and are obligatory for all CLIENTS.
1.6. The SERVICE PROVIDER will inform the CLIENTS for any amendment of the Terms and Conditions for Use through their publication on the website of the E-STORE. CLIENTS are obliged to check for amendments in the Terms and Conditions for Use of the E-STORE at any visit of the web page. In case you continue using the E-STORE, you automatically agree with the amendments so made.
- DEFINITIONS/ ABBREVIATION
2.1. Client – any person who manually, via software, technical device, or by all these methods together, has subscribed the URL in their browser or has reached to the E-STORE by being transferred from another website, and who uses the E-STORE in any way whatsoever, including but not limited to reviewing, making orders through it, making purchases or carrying out any kind of other actions whatsoever.
2.2. Buyer – a person at the age of 18 or 18+ who has entered into purchase and sale agreement with the SERVICE PROVIDED remotely through the E-STORE.
2.3. Agreement – the agreement entered into remotely between the SERVICE PROVIDER and the BUYER for purchase and sale of goods through the E-STORE, being integral part of these Terms and Conditions for Use.
2.4. Browser – software application that is used for retrieval of documents by hypermedia and web-navigation (website), display and interaction with text, images, video, music, games and other information.
2.5. Interface – combination of graphic objects associated with programmer code with which the CLIENT communicates with the E-STORE in a way accessible thereto.
2.6. Willful actions – actions or omission breaching the Internet ethics or causing damages to persons connected to Internet or associated networks, sending unwanted mail (non-demanded commercial messages, SPAM), obtaining access to resources subject to someone else’s rights and passwords, using systems’ disadvantages for personal benefit or obtaining information (HACK), carrying out actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending “Trojan horses” or causing installation of viruses, or remote control systems, disturbing the normal work of the other users of Internet and associated networks, carrying out any kind of actions whatsoever that could be qualified as a violation or administrative violation under the Bulgarian or foreign applicable law.
2.7. User’s profile – specific part of the E-STORE containing information about the CLIENT as required by www.kanelov.com, stored thereby and used and processed only for the purposes of fulfillment of the obligations under agreement to which the natural person such data refer to is a party, as well as for any actions preceding the entry into the agreement and upon their request, whereas the CLIENT has access to their user’s profile by entering user name and password. The user’s profile also administers the communication between the CLIENT and the SERVICE PROVIDER.
2.8. Password – a code of letters, numbers and symbols that individualizes the CLIENT and is used for access to their user’s profile, together with the user name.
2.9. The user name is a unique code of letters, numbers and symbols chosen by the CLIENT, with which they are individualized in their relations with the SERVICE PROVIDER.
2.10. Sales price – the announced price of a good or service in United States Dollar (USD), including value added tax.
- USE OF THE E-STORE
3.1. Through the E-STORE CLIENTS have the opportunity to enter into agreements for purchase and sale and delivery of the goods offered by the SERVICE PROVIDER, as well as to carry out the following activities:
3.1.1. to register and create user’s profile;
3.1.2. to make electronic statements with regard to the entering into and performance of agreements with the SERVICE PROVIDER via the interface of the website of the E-STORE accessible in Internet;
3.1.3. to review the goods, their properties and delivery conditions.
3.1.4. to enter into agreements for purchase and sale of goods offered by the SERVICE PROVIDER in the E-STORE;
3.2. The CLIENT may use the E-STORE for entering into agreements for purchase and sale of goods freely or through created user’s profile. In case of purchase through their user’s profile, the CLIENT should enter the user name and password for remote access they have already chosen.
3.3. The remote access name and password are defined by the CLIENT by means of electronic registration on the SERVICE PROVIDER’s website.
3.4. Upon making a registration, the CLIENT is obliged to provide correct and updated data. In case of change, the CLIENT is obliged to update their data specified in their user’s profile in timely manner.
3.5. In case the CLIENT has used social media or another network profile for the registration, the person who is the holder of the profile used for the registration in the respective social media or another network is the party to the agreement. In this particular case, the SERVICE PROVIDER has the right to access to data required for the identification of the CLIENT in the respective social media or another network.
3.6. The user name the CLIENT registers with does not give them any rights other than the right to use the respective user name within the frames of the E-STORE. The SERVICE PROVIDER does not verify and is not liable for the authenticity of the user name, for whether it affects third parties’ rights, in particular, the right to name or other personal rights, right to trade name (corporate name), right to trademark or other intellectual property rights.
3.7. You should not use this website illegally, by willful introduction of viruses, Trojan horses, worms, logical bombs or any kind of other software or malware. CLIENTS do not have the right to make attempts for unauthorized access to this website, to server such site is located, computer or database related to our website. CLIENTS are obliged not to attack this website through any kind of attack whatsoever for service refusal or attack for allocated service refusal. The SERVICE PROVIDER will report any failure to observe these Terms and Conditions for Use to the respective authorities and will assist them for the purposes of identifying the attacker. Furthermore, in case of failure to observe this clause, the authorization for use of this website will be terminated immediately. The SERVICE PROVIDER is not liable for damages or harms resulting from attack for service refusal, virus, or another type of software or malware that could affect the CLIENT’s computer, their IT devices, or materials as a result of the use of this website or the download of content therefrom, or from those this website redirects you to.
3.8. The CLIENT hereby agrees that the properties and the prices of goods offered through the E-STORE may be subject to modification by the SERVICE PROVIDER at any time. Due to technical reasons, they may contain possible errors for which the SERVICE PROVIDER hereby excuses in advance to its Clients.
3.9. The SERVICE PROVIDER tries to provide the CLIENTS with the most appropriate and important information about the goods, however it is possible that some products may have incomplete information.
3.10. All goods will be sold until being out of stock, even if this is not explicitly mentioned in the E-STORE.
3.12. The SERVICE PROVIDER makes efforts to maintain the accuracy of the information published in the E-STORE. Nevertheless, taking into account the possible technical errors or omissions in such information, the SERVICE PROVIDER hereby clarifies that the images of goods are of illustrative, indicative nature, and therefore the delivered goods may differ from such images.
- ORDER AND ENTERING INTO AGREEMENT
4.1. The SERVICE PROVIDER ensures the following options for order of goods in the E-STORE:
4.1.1. in the E-STORE;
4.1.2. by phone;
4.1.3. by email;
4.2. In the course of development of the provided services, the SERVICE PROVIDER may introduce new, subsequent methods for making an order with the use of remote means for agreement and cooperation, or to restrict some of the existing ones.
4.3 The order in the E-STORE is made by adding the desired goods in the purchase cart. The CLIENT needs to follow the steps instructed in the E-STORE in order to make and send the respective order.
4.4. The goods added to the cart may be purchased, if available. The addition of goods to the purchase cart, without completing the order, does not result in registration of the order and automatic saving of goods for the respective CLIENT.
4.5. By sending the order, the CLIENT authorities the SERVICE PROVIDER to contact them by any possible means, whenever needed with regard to the order made or the agreement entered into.
4.6. The SERVICE PROVIDER has the right to refuse to fulfill the order made by the CLIENT and should inform the latter to this effect. The refusal of order in accordance with the preceding sentence does not incurs any liability or subsequent obligation of any of the parties to the other one with regard thereto, and therefore, none of the parties will have the right to bring claims against the other one. The SERVICE PROVIDER’s refusal may be based on the fact that the data the CLIENT has provided are incomplete and/or wrong.
5.1. The prices of goods announced in the E-STORE are in United States Dollar (USD). Prices are final and are VAT and all other taxes and charges inclusive as set out in the applicable Bulgarian legislation.
5.2. The payment of the price to the SERVICE PROVIDER is a precondition for transferring the title of the goods. The price does not include delivery costs, unless otherwise specified in the conditions for sale of the respective good.
5.3. Payment is made in payment methods available on the site.
5.4. Cash on delivery payment is settled in United States Dollar (USD) directly to the courier/ post office operator upon receipt of the goods. The refusal to receive the goods is a condition for termination of the purchase and sale agreement. Furthermore, within the specified time period for receipt, the client may cancel the order, without any consequences, which is not in prejudice to their right to waive from the agreement.
6.1. The SERVICE PROVIDER specifies the terms for delivery of different goods in the website of the E-STORE. The delivery of ordered goods is made by courier to a delivery office or address worldwide specified by the CLIENT. The delivery is at the expense of the CLIENT, unless otherwise specified on www.kanelov.com.
6.2. The CLIENT should inspect the good at the time of delivery and handover by the Service Provider or a person authorized thereby (courier/ post office operator) and if it does not meet the requirements the Client should inform the Service Provider to this effect immediately.
6.3. Products may be delivered worldwide.
6.4. Every CLIENT may trace their order delivery in real time in My Profile section.
6.5 The CLIENT has the right to specify the date of delivery by stating it in the respective section in the cart during the purchase process.
6.6. The time period for delivery depends on the availability of chosen goods. Deliveries are made within specified time on the SERVICE PROVIDER.
6.7. The SERVICE PROVIDER is not liable for any failure to fulfil the orders if the CLIENT has specified incorrect, incomplete and/or untrue personal data, including if they have specified incomplete, incorrect or false address or phone.
- RIGHT TO WAIVE FROM THE MADE ORDER
7.1. The CLIENT/ BUYER has the right, without any compensation or penalty due, and without stating the reasons to this effect, to waive from the agreement within 14 days as from the date of receipt of the good.
7.2. In order to exercise the right under this clause, the CLIENT should notify the SERVICE PROVIDER about their decision to waive from the agreement unambiguously by individualizing the goods they want to return and by providing all the details about the order and deliver made, including but not limited to: content and amount of the order, data of the person who has made the order, data of the person who has received the delivery and the date of delivery.
7.3. The CLIENT should fill in a waiver form to exercise such right.
7.4. For the purposes of exercising their right of waiver, the SERVICE PROVIDER gives the CLIENT the opportunity to choose to fill in and send the standard waiver form or another unambiguous statement electronically, through the website. In these cases, the SERVICE PROVIDER immediately sends the CLIENT a confirmation for receipt of their waiver on permanent carrier.
7.5. The CLIENT is obliged to return the goods at their own expense, always with the cash receipt and the invoice, if any, by delivering them to the SERVICE PROVIDER or a person authorized by the latter within 14 days of the date on which the CLIENT has exercised their right to waive from the agreement.
7.6. Upon return, the good should be in its original package, without signs of use or damage of its merchantable appearance.
7.7. The SERVICE PROVIDER has the right to cancel the reimbursement of payment until the receipt of the goods back or until providing an evidence that the goods have been sent back, irrespective which of the events has occurred earlier.
7.8. Provided the CLIENT fails to fulfill their obligation under paragraph 7.5 herein above, without notifying the SERVICE PROVIDER for the delay, and without stating goon reason to this effect, it is considered that they have withdrawn the waiver form that have filed.
7.9. Provided the SERVICE PROVIDER has incurred any expenses with regard to the performance of the agreement and the CLIENT waives from the agreement, the SERVICE PROVIDER has the right to deduct the respective amount in order to cover the expenses incurred or to request the payment thereof.
7.10. The CLIENT does not have the right to waive from the agreement, provided the subject matter of such agreement is: goods made under individual order of the CLIENT. In accordance with article 57, item 3 of the Consumers Protection Act, the CLIENT may not exercise their right to waiver (return within 14 days).
7.4. The CLIENT hereby gives their explicit consent to have their amounts reimbursed by means of bank transfer.
7.5. The SERVICE PROVIDER is not obliged to reimburse any additional expenses for the delivery of goods where the CLIENT has explicitly chosen a delivery method other than the cheapest type of standard delivery offered by the SERVICE PROVIDER.
7.6. In case of sales agreement where the SERVICE PROVIDER has not offer to collect the goods on its own, it may withhold the reimbursement of the amounts to the CLIENT until the receipt of goods or until the CLIENT provides an evidence that the goods have been sent back, irrespective which of the events has occurred earlier.
- WARRANTIES AND COMPLAINTS
8.1. The CLIENT has the right to complaint for any non-conformity of the good with the agreed upon/ ordered one, where after the delivery any non-conformities with the sales agreement have been found.
8.2. The CLIENT does not have the right to complaint if they have ordered a t-shirt with size that is not appropriate for them. All sizes for all types of t-shirts may be found on the SERVICE PROVIDER’s website.
8.3. It is considered that any non-conformity of any consumer good with the sales agreement that has occurred within 6 months after the delivery of the good has existed before the delivery thereof, unless being proved that the lack of conformity is due to the nature of the good or the character of the non-conformity.
8.4. The CLIENT may not dispute the conformity of the consumer good with the sales agreement thereof, where they have been aware of or have not been able to be aware of the non-conformity upon entering into the agreement;
8.5. The CLIENT has the right to make a complaint about the good, whether the manufacture or seller has provided commercial warranty for the good or service or not.
8.6. Where the complaint is settled by means of replacement of the good with another one on conformity with the agreement, the SERVICE PROVIDER will provide the CLIENT with the initial warranty conditions.
8.7. Upon making a complaint for any good, the CLIENT may claim reimbursement of the amount paid, replacement of the good with another one that is in conformity with the agreement, or discount from the price.
8.7. Complaint is made by sending an email to [email protected].
8.8. Upon making a complaint, the CLIENT specifies the subject matter of the complaint, the preferred way of settling the complaint, the claimed amount, respectively, as well as contact details: address, phone and email.
8.9. Upon making a complaint, the CLIENT should always attach the documents the complaint is based on, and namely:
- cash receipt or invoice;
- protocols, deeds or other documents certifying the non-conformity of the good or service with the agreement;
- other documents verifying the claim by legal grounds and amount.
8.10. The SERVICE PROVIDER keeps a register of complaints made. A document stating the number of the complaint in the register and the type of good is sent to the email address specified by the CLIENT.
8.11. In case the SERVICE PROVIDER respects the complaint, it issues a deed to this respect in two copies, and the one of them should be always submitted to the CLIENT.
8.12. In case of reasonable complaint, the SERVICE PROVIDER makes the good in conformity with the sales agreement within one month as from the date of the CLIENT’s complaint.
8.13. In case of non-conformity of the consumer good with the sales agreement and provided the CLIENT is not satisfied with the settlement of the complaint, they have the right to choose one of the following options:
- rescission of the agreement and reimbursement of the amount they have paid;
- reduction of the price.
8.13.1. The CLIENT may not claim reimbursement of the paid amount or reduction of the price of the good if the SERVICE PROVIDER has agreed to replace the consumer good or to repair the good within one month of the date the CLIENT’s complaint.
8.13.2. The SERVICE PROVIDER is obliged to satisfy the claim for rescission of the agreement and to reimburse the amount paid by the CLIENT if another event of non-conformity of the good with the sales agreement has occurred after the SERVICE PROVIDER has settled three complaints of the CLIENT by repair of one and the same good during the warranty period.
8.13.3. The CLIENT may not claim rescission of the agreement if the non-conformity of the consumer good is negligent.
- UNILATERAL TERMINATION
The SERVICE PROVIDER has the right, at its own discretion, without notice to this effect, to terminate the agreement unilaterally upon finding that the provided services are used in violation of these general terms and conditions, the legislation of the Republic of Bulgaria and the generally accepted ethical standards.
- INTELLECTUAL PROPERTY
10.1. The intellectual property rights with respect to all materials and resources on the website www.kanelov.com (including the existing databases) are subject to protection under the Copyright and Neighbouring Rights Act, belong to the SERVICE PROVIDER or the respective nominee that has granted the right to use to the SERVICE PROVIDER, and may not be used in violation of the applicable legislation.
10.2. Upon copying or retrieval of information outside the admissible range, as well as in case of any other violation of the intellectual property rights with respect to the resources of the SERVICE PROVIDER, the latter has the right to claim compensation for suffered direct and indirect damages in full amount.
10.3. Unless explicitly agreed upon, the CLIENT may not retrieve, modify, delete, publish, disseminate and otherwise disclose the information resources published on the website www.kanelov.com.
10.4. The SERVICE PROVIDER is obliged to take due care and to give the CLIENT the opportunity to have normal access to the services so provided.
10.5. The SERVICE PROVIDER reserves the right to terminate the access to the provided services. The SERVICE PROVIDER has the right but not the obligation, at its own discretion, to delete information resources and materials published on its website.
- FORCE MAJEURE EVENTS
11.1. None of the parties will be held liable for any failure to fulfil its contractual obligations if such failure is due to a force majeure event. Force majeure event is an unforeseeable event that is beyond the control of the parties and could not have been avoided.
11.2. If the respective event does not cease within 14 (fourteen) days of the date of the occurrence thereof, any of the parties has the right to inform the other party that it terminates the agreement without any compensation payable to the other party for any possible damages suffered thereby.
12.1. The agreement between the CLIENT and the SERVICE PROVIDER is terminated in the following cases:
- upon winding-up and liquidation or insolvency of any of the parties to the agreement;
- upon mutual consent of the parties expressed in writing;
- unilaterally, with written notice by any of the parties, in case of other party’s failure to fulfil its obligations;
- upon objective inability of any of the parties to the agreement to fulfil its obligations;
- in case of exercising a right to waiver pursuant to the provisions of the Consumers Protection Act.
- FINAL PROVISIONS
13.1. If any of the provisions of these Terms and Conditions for Use of the E-STORE shall be held void or unenforceable, irrespective of the reason to this effect, this shall not result in the invalidity or unenforceability of the other provisions.
13.2. Any issues that are not stipulated herein with regard to the performance and interpretation of these Terms and Conditions shall be governed by the laws of the Republic of Bulgaria.
13.3. Supervisory authorities:
- Consumer Protection Commission
Address: 1000 Sofia, 4A, Slaveykov Sq., 3rd, 4th and 6th floors,
tel.: 02 / 980 25 24, 0700 111 22
fax: 02 / 988 42 18
13.4. Any disputes between the SERVICE PROVIDER and its CLIENTS shall be settled by mutual consent, and in case of failure to do so – by the competent court or the Consumer Protection Commission.
In case of dispute with regard to an online purchase, you can use the website of the European Commission Online Dispute Resolution.