The present General Terms and the Terms of Delivery, inseparable part of the present General Terms, shall govern the rights and obligations of the users of the Website www.simonascards.com operated by "Simonas Cards” Ltd., entered into the Commercial Register to the Registration Agency with Unified Identification Code (UIC) 202042854, with its seat and registered business address: city of Sofia, Slatina region, 1 SLATINSKA Str.
Parties to the present General Terms are “Simonas Cards” Ltd., on one hand, and every User who has uploaded/opened the Website www.simonascards.com operated by “Simonas Cards” Ltd., on the other hand.
The User declares that he/she is aware of the meaning and agrees with the definitions of the terms specified below. The terms and concepts used below in the General Terms and in the Terms of Delivery shall have the following meaning:
- “Simonas Cards” Ltd., entered into the Companies Commercial Register ry to the Registration Agency with Unified Identification Code (UIC) 202042854, with principle officeits seat and registered business address: city of Sofia, Slatina region, 1 SLATINSKA Str.– the company operating the Internet site „www.simonacards.com“, hereunderreferred to as “Simonas Cards” Ltd. and/or we/us
- Website shall mean a group of web pages with a common home page, which are uploaded in a browser upon writing down the electronic address www.simonacards.com. Except as otherwise specified, the Website, including its entire content, for example design, text, drawings, logo, images, audio-tracks and other materials related to it, is copyright protected and also protected by the other applicable intellectual and industrial property rights, and is owned by Simonas Cards Ltd. All similar rights reserved.
- Webpage as used in the present General Terms shall mean an integral and independent part of the website.
- Browser is a computer program enabling the transfer, processing and visualization of data by way of various kinds of data transfer protocols.
- Interface is a combination of graphic objects associated with a program code, by means of which the User communicates with the Internet site in a manner accessible to him/her.
- (Electronic) link is a connection marked in the particular page, which allows automated forwarding through standardized protocols to another internet page, data resource or object.
- User (of the Website) – any natural person or legal entity - potential buyer who has entered the electronic address or reached the internet page, or the site, being redirected from another internet site and who, upon showing interest, will perform purchases of goods and/or services electronically from the website.
- User name is a selected by the User unique code of letters, digits and signs, through which the User is individualized.
- Password is a code made of letters, digits and signs which along with the user name individualizes the User and serves for access to his/her user profile.
- User profile is a part of the website, which contains the information about the User, required by the operator, stored with the latter, used and processed solely and only for the purposes of Art. 4, Par. 1, item 3 of the Personal Data Protection Act. The access to the user profile by the User happens by entering the user name and password. The User profiles service also the communication between the User and Simonas Cards Ltd.
- Order – a proposal by the User to purchase goods or use a service published on the Website.
- Registration – manner of creating a Profile in the Website, through which the User receives the opportunity to use the services offered by Simonas cards.
- Ill-intended actions are actions or omissions to act violating the Internet ethics and causing damage to persons who have joined the Internet and/or associated networks, sending undesirable emails (SPAM), receiving access to resources using other people’s names and passwords, taking advantage of the drawbacks in the systems for personal gain or receiving information (HACKING), performing actions which may be classified as industrial espionage or sabotage, damaging or destroying systems or informational frames (CRACK), sending “Trojan horses" or causing the installation of viruses, disturbing the normal work of the remaining Internet Users and/or the associated networks, performing any actions, which may be qualified as crime or administrative violation according to the Bulgarian legislation or another applicable law.
2. GENERAL PROVISIONS
2.1. Subject of thepresent General Terms is the access and use of the Website. By using the Website, Users agree to and accept the General Terms while undertaking to follow them. If the User does not agree and does not accept the General Terms or violates them, his/her access to the Website may be limited or discontinued.
2.2. Simonas Cards reserves the right to add and /or amend the General Terms at any time without expressly informing the Users. The Users shall be deemed informed about the amendments to the General Terms as of the date of their publication on the Website where any further use of the Website by the Users shall be considered as an expression of consent to the amendments.
2.3. We are granting you limited right to access and use our Website for your personal use. You shall not be entitled to: (i) reproduce, multiply, copy, sell, broadcast, transfer, distribute or otherwise exploit our Website, including its entire content, for any purpose whatsoever without our written permission thereof; (ii) collect and make any kind of lists with products, descriptions and prices; (iii) make imitations of our Website or its content; (iv) download or copy information in favor of or in the interest of a business activity; and/or (v) use tools for extracting data, robots or similar instrument for the collection and extraction of data.
You may print a reasonable number of copies and you may download excerpts of any page(s) from our Website. You do not have the right to modify the hard or digital copies that you have printed or downloaded in any way, and you may not use any illustrations, photos, videos and audio-tracks, or any kinds of graphics separately from their accompanying text.
2.4. You have no right to use our Website in inappropriate way by willfully introducing viruses or other materials, which are ill-intended or technologically harmful, nor may you attempt to obtain unauthorized access to our Website or attack our Website by means of a system crackdown attack. The violation of this provision may constitute a crime and we may alert the respective authorities about such actions of yours without this precluding us from resorting to other legal means available to us to seek indemnity for damages.
2.5. The access to and use of our Website (or information, materials, products and/or services on our Website) may be forbidden by the law of some countries and jurisdictions. You shall be responsible for observing all applicable laws and regulations of the country, from which you are receiving access to our Website. We shall give no warranties that our Website (or information, materials, products and/ or services of our Website) is suitable or available for use in locations outside the European Union.
We may advertise and hold contests, games, competitions or sweepstakes on our Website. For such contests, games, competitions or sweepstakes specific rules shall apply. Please read the rules which apply for any competitions, games, contests or sweepstakes you participate in carefully, where upon you taking part in such contests, games, competitions and sweepstakes, it shall be deemed that you have accepted and are bound by such rules.
2.6. Our Website may contain links to websites operated by third parties (“Third Party Websites”). These links are only intended to provide additional information. If our Website includes a link to a Third Party Website, this does not mean that we are checking, approving, confirming or assuming responsibility for the third party website, its content or use, or the use of the products or services provided through it. We shall not be obliged to filter or monitor, and we have not checked or monitored any Third Party Websites for accuracy, completeness or compliance with the applicable law. We shall not be held responsible for any damages or losses whatsoever caused as the result from your use or trust in such Third Party Websites, and you are using any and all Third Party Websites at your own risk. All general terms and policies of the Third Party Websites that you are visiting shall apply to you while you are in these websites, and we recommend that you familiarize yourself with such general terms.
3. SERVICES OFFERED BY THE WEBSITE
3.1. Simonas Cards provides the Website Users with the following on-line services:
3.1.1. creating a User profile;
3.1.2. catalogues with information about the goods and services offered by Simonas Cards through the Website;
3.1.3. creating Orders for the goods and services offered on the Website;
3.1.4. offering the option to use discounts from the price of goods and services offered on the Website;
3.1.5. searching for goods and services, looking through catalogues and comparing prices published on the Website;
3.2.For the use of the services specified above in item 3.1 the Users of the Website shall not owe any additional payments or another type of additional fee to Simonas Cards, except the final price for the order of the good or service (along with the price for delivery).
3.3. The deals for the manufacturing and delivery of products, executed through or as a result from your visits of our Website shall be governed by our Terms of Delivery. Before completing your Order you shall be expressly asked to accept the Terms of Delivery.
3.4. The use of the services of the Website specified in item 3.1 above is and must be considered a sale and/or proposal for purchase of goods or a service by the Users to Simonas Cards. The acceptance of the proposals and/or performing an order for the sale of goods and/or services shall be carried out by Simonas Cards.
3.4.1. Simonas Cards strives to secure uninterrupted access of the Users to the Website and to the services offered by it, specified in item 3.1. above. Nevertheless Simonas Cards has the right to terminate, restrict or ban the access to the Website of any individual User at any time without express notification thereof.
3.5. Simonas Cards shall be entitled to change, restrict or remove any information published on the Website, which violates the legislation of the Republic of Bulgaria and/or these General Terms at any time without the obligation of express notification.
3.6. The access to the Website may be temporarily restricted at any time due to prophylactics and/or technical defects, without necessarily informing the Users.
3.7. We shall not assume any obligation to update the information contained on the Website, unless required by the applicable law. We shall reserve the right to modify, edit, delete, discontinue or cancel, temporarily or permanently, the Website and/or the information, materials, products and/or services available through it.
4. RULES FOR REGISTRATION IN THE WEBSITE
4.1. The Website may be used by the Users only after they have created their Profile, through which the Users are able to use the services under item 3.1. above. If the User does not have an onsite registration, he/she must pass through a short registration procedure where voluntarily, pursuant to these General Terms, he/she shall provide the necessary data for signing and performing the contract by creating his/her own user profile.
4.2. Each User shall create a profile by filling out the requested information in the registration form. After the initial creation of a Profile, the User shall receive a message though the email specified by him/her about the completed registration where he/she must confirm the registration by opening the internet address contained in the message.
4.3. The registration form filled out by the User at his/her onsite registration in www.simonascards.com, has fields marked as compulsory or as voluntary, which the User fills out, as well as the consequences upon refusal to provide this information. By consenting to these General Terms the User agrees the information about him/her to be processed under the procedures referred hereinto. . The User profile created at the initial registration has default setup, providing free access to the personal data declared by the User.
4.4. After the creation of a Profile and depending on which services under item 3.1. the User wishes to use, he/she may:
• monitor the status of the queries made by him/her to Simonas Cards, the subscriptions for information and offers published on the Website, as well as receive email messages about them;
• apply for receiving email messages about information published on the Website;
• change and/ or delete the created Profile and/or part of the information contained in it at any time;
5. RIGHTS AND OBLIGATIONS OF THE USERS
5.1. The User shall have the right to use the services under item 3.1. of these General Terms.
5.2. The User must obey these General Terms, the Terms of Delivery and the legislation of the Republic of Bulgaria when using the Website and the services under item 3.1. of these General Terms.
5.3. When creating an Order the User must enter the minimal required information in the forms for creating it, contained in the Website, and he/she must not publish misleading or false information.
5.4. The User undertakes to place the order in Bulgarian or in English.
5.5. The User undertakes to place an order on the Website using only such information and images, for which he/she has the relevant copyright, trademarks, distribution and publishing rights. Simonas Cards shall not be held responsible to the Users and third parties for any damages that have occurred as a result from unlawful use of information, images, copyrights, trademarks, distribution and publishing rights by a User.
5.6. The User undertakes to pay the price for the goods/services purchased by him/her offered from the website operated by Simonas Cards Ltd., according to the specified method of payment on the site.
5.7. The User undertakes not to use the Profiles of other Users, or provide his/her Profile for use by other parties, as well as to keep the password of his/her Profile secret.
6. BAN ON THE USE AND PROVISION OF ILLEGAL CONTENT
6.1. It is forbidden to use and provide on the Website any kind of illegal content and information, including, but not limited to:
the use of the Website and the information published in it in a manner, which contradicts their purpose, these General Terms and/ or the legislation of the Republic of Bulgaria;
the use, provision and publication on the Website of information and/or images violating the legal and ethical norms, showing or disseminating violence, hatred, racism, cultural and ethnical discrimination of any kind, violating the individual rights or harming the dignity of third persons;
the publication and sending unwanted commercial and personal messages to the Users of the Website, thus violating their rights as Users, as well as the carrying out of advertising and commercial activity in violation of the established good business practices;
breaching the confidentiality of the Website Users, as well as their rights in any way, including, but not limited to, collecting, holding and disseminating information and personal data to other Users or publishing their photos without their express consent, with the exception of the cases when these actions are in line with the legal regulations;
the undertaking of actions, which may impede the functioning of the Website, changing, damaging, restricting or blocking the access to it and/or to data of the Users, violating or limiting the rights of Simonas Cards on the Website, as well as the rights of any third parties.
6.2. The use, provision and publishing information on the Website when placing Orders and/or requesting information, thereby offering, advertising or telling about goods and/or services in violation of the legislation of the Republic of Bulgaria or the rights of third parties, as well as the good morals, shall be forbidden; it shall include, but shall not be limited to:
• goods and services, contradicting the ethical norms, of abusive textual and graphic content;
• goods and services, endorsing discriminatory behavior and hatred;
• goods and services, violating copyrights, reserved trademarks and intellectual property rights, and encroaching on tangible or intangible rights of third parties;
• goods and services, described in a way that could mislead the Users about the trademark, manufacturer, quantity, quality, ingredients, way of manufacturing, usefulness, application, repair, maintenance and other significant characteristics;
• stolen items, goods of unestablished origin, unlawfully acquired or containing unlawfully acquired, false or misleading information and information facilitating or promoting illegal actions;
• goods and services with pornographic, pedophilian, homosexual, bisexual content, more particularly materials openly demonstrating sexual conduct between people, masturbation, sexual sadism or masochism, showing the sexual organs, related to the use of violence or the participation of animals, including movies, photos, magazines and any other media;>
• tobacco products;
• spirits, wine and beer with the exception of the indirect advertising hypotheses pursuant to the Health Act, mainly: when the trade name or trademark of an alcoholic beverage were used, as well as company name or make of an alcoholic beverage producer on products and goods, which are not alcoholic beverages; when it is not directed to persons under 18 years of age; persons under 18 years of age were not used as participants in the advertising; the use of alcoholic beverages is not tied to sports and physical achievements or with operating transportation vehicles; it does not contain false statements regarding the benefits to the health, social or sexual well-being, or showing abstinence or moderation in bad light;
• medications, medical products and pharmaceutical products;
• hazardous chemical substances, which threaten the life, health or the environment;
• narcotics, psychedelic substances, intoxicating means, steroids, powders and shakes to make muscle mass, body-building supplements, which have effect and content similar to the steroids, as well as all remaining controlled substances;
• animals, human and animal organs;
• foreign currency, products, or other related on-line gaming services;
• sale of foreign currency at a reduced price or foreign exchange;
• counterfeit money and postal stamps;
• documents establishing the identity (of any kind), personal data, all kinds of counterfeit documents;
• registration cards and license registration numbers of motorized transportation vehicles offered without the transportation vehicles, for which they apply;
• final theses before graduation, essays and other abstracts and reports of similar kind, as well as services related to the writing of such works;
• goods and services, related to participating in the so called “financial pyramids“;
• specially designed, developed, configured, adapted or modified for military application goods, as well as goods, which do not have characteristics, which make it possible to use them for civil purposes;
• fire-arms and munitions, and gas firing devices, including OC (pepper) spray, the possession and trade with which are restricted by law;
• fishing instruments and accessories, the possession of which is restricted by law;
• explosives and pyrotechnical materials, fire-extinguishers, radioactive materials and easily combustible gases and solid substances, toxic substances and all other products and materials hazardous for humans and the environment;
• master keys and decoders;
• unlicensed software, software containing a harmful for the user code, software serving to unblock passwords, for penetration or tracking;
• software with a license that “Not for sale", in tests, free software, conditionally free program products, unsupported software versions;
• software and services that make possible the collection of information from computer users without their knowledge;
• software allowing the generation of email addresses from web-pages, or allowing the sending of messages in large volumes to users of internet services or services for instant messaging and other, who have not expressly stated their desire to receive them
• activation codes, CD-keys, registration numbers offered without the original storage device, to which they belong;
• instant messaging profiles in Internet (for example Gadu-Gadu, Tlen, Skype, Jabber, AQQ, ICQ);
• free email profiles (email addresses), personal data and lists with email addresses;
• profile setups of free internet platform or invitations to use such services or for the creation of a profile there;
• profiles in programs for soliciting the permanent customers and the services related to such programs;
• systems for investing on the stock exchange and systems for numerical games and bookmakers’ stakes, as well as services related to cooperation for joining such games or wagering;
• airplane tickets, trips, insurance and other tourist activities and services, for which a registration is required under the Tourism Act, except in the cases when the Users who are offering them are registered and entitled to offer such activities and services according to law;
• ads for working through Internet, as well as all kinds of Affiliate Marketing programs;
7. PROTECTION OF THE INTELLECTUAL PROPERTY RIGHTS
7.1. The information, contents and materials published or contained in the Website shall be property of Simonas Cards ООD and of the Users who have published/provided them.
7.2. All intellectual property rights, including, but not limited to, names, logos, images, trademarks, patents, software, domains, know-how and other similar, regardless of whether registered or not, related to the Website, shall be property of Simonas Cards ООD.
7.3. The use, temporary reproduction, copying or storage of the information, contents, materials and images published or contained in the Website, is forbidden with the exception of the cases, when it is intended for personal use without any commercial or financial purpose and while observing the requirements of the legislation of Republic of Bulgaria.
8. RESPONSIBILITY OF SIMONAS CARDS
8.1. Simonas Cards shall not bear responsibility for the actions of the Users during or in connection with the use of the Website.
8.2. Simonas Cards shall not be held responsible for damages caused the Users when providing the service, with the exception of the damages willfully caused by employees of Simonas Cards.
8.3. Simonas Cards shall not be held responsible also in the cases when the User has forgotten his/her account logged-in or any other way allows and/or permits the same to be used by third parties who have misused his/her registration.
8.4. The User name, with which the User is registered on the website operated by Simonas Cards, shall entitle her/him solely and only to use that particular user name within the information system of Simonas Cards. In the case that the User changes his/her user name Simonas Cards shall not check and shall not be held liable for the authenticity of the new user name, for whether it affects the rights of third parties and in particular the right to a name or other individual rights, right to a trade name (name of company), right to a trademark or other intellectual property rights.
9. PROVISION OF PERSONAL DATA
9.1 Simonas Cards is registered as a personal data administrator and as such is entitled to collecting and processing personal data of the Users in connection with the use of the Website and the provision of the services offered under item 3.1. of these General Terms, and while observing the requirements of legislation of the Republic of Bulgaria.
9.2 By using the Website, the User agrees his/her personal data to be collected and processed by Simonas Cards for the needs of the correct operation of the Website and the use of the services offered under item 3.1. of these General Terms. By accepting these General Terms the User agrees to the processing of his/her personal data for the purposes of the sale and purchase contract for the goods offered by the website.
9.3 Simonas Cards shall exert the care of a good businessman and shall be responsible for protecting the personal data of the User and the information about him/her, which has become known to Simonas Cards in relation to the registration of the User - subject of these General Terms, except in the case of force major circumstances, unforeseen event or ill-intentioned actions of third parties.
9.4 By registering at www.simonacards.bg the User authorizes in his/her user profiles in the site, in Facebook and anywhere else in the virtual realm or at the email address declared by him/her, to be sent personal, advertising or commercial messages by Simonas Cards.
10.1 In the case that the services specified herein have not been executed by Simonas Cards or are not executed according to these General Terms, the User shall have the right to file a complaint in electronic form (while using the contact form). The complaint must contain at least the name, which the User uses on the Website and a detailed description of the complaint.
10.2 If after receiving a complaint under the terms of item 10.1., it becomes necessary to provide any further data or information, Simonas Cards shall contact the User before examining the complaint with request for supplementing the missing data.
10.3 Simonas Cards shall examine the received complaint from the User in a timely manner by informing the User about its answer no later than 5 days from receiving the complaint. Simonas Cards shall be entitled to refuse to examine the complaint where in this case it shall inform the User within the time limit under the previous sentence.
10.4 In case that the User has complaints about information and/or Orders published on the Website by other Users, or regarding the actions of other Users or third persons, he/she must refer his/her complaint directly to these persons.
11.1. About the products we are selling through the Website, we guarantee compliance and quality of the products to the extent and for the period specified in the Terms of Delivery and any documents accompanying the product (i.e. warranty certificates), which we provide or make available for you. We warrant before you that such product, upon delivery and for the respective warranty period, shall correspond to its description in all significant aspects, shall be of sufficient quality and shall be reasonably suitable for all purposes, for which products of this kind are usually intended.
11.2. You will always enjoy the rights of the user warranty provided pursuant to the imperative regulations of applicable law. In the case that the warranty, which we shall give you herein, limits or excludes some rights that you may have pursuant to the imperative regulations of the applicable law, such imperative regulations shall prevail.
11.3. The warranty period shall be 24 months from the date of delivery unless (i) a different warranty period was indicated in the documents accompanying the product (more specifically, the warranty certificate) and such shorter warranty period shall be permissible by law for such specific products, or (ii) this product has an average useful life shorter than 24 months, in which case the warranty period shall be reduced to the period equal to such average useful life.
11.4. The warranty shall be provided in case that you have acted in compliance with the instructions for use and maintenance, (i) which are obvious considering the relevant context or nature of the product and/or (ii) which have been indicated on the label accompanying the product, and/or (iii) which we have provided or made available to you.
11.5. The warranty shall not apply to the normal wear and tear of the products (or parts of them), caused by normal use. The warranty does not apply also for defects caused by incorrect use, unprofessional or improper treatment, or any potential damage caused as a result of such treatment. For the products sold at a lower price the warranty shall not apply for the defects, due to which the lower price was agreed. For any products used in advance, if there are any, we shall not be held responsible for any defect corresponding to the level of use or the wear and tear of the product while being delivered to you.
11.6. Information about the periods and terms of the warranty by Simonas Cards and general instructions for the use and maintenance of certain products may be provided or made available to you (i) on our Website or (ii) in the form of a document or brochure delivered with the product.
11.7. Measures in the case of defects or non-compliances:
11.7.1. If the product we have delivered is faulty or does not comply with the agreed, you shall have the rights arising from our warranty. You shall not be entitled, and the provisions of this section (measures in the case of defects or non-compliances) shall not apply if you have known about the defect when placing your order, or if you (or somebody, for whom you are bearing the risk) have caused the defect.
11.7.2. If a specific product that we have delivered to you is found to be defective or does not comply with the contract, please inform us as soon as possible within a reasonable time upon establishing the non-compliance and return the product to us. In this case you must provide us with a detailed description of your complaint, as well as (i) the invoice or the evidence of payment, and (ii) written affidavit or other documents, on which you are basing your claim and the grounds for your complaint, and (iii) other documents as required by the applicable law. We shall examine the product based on the above.
11.7.3. You have the right to request the product to be repaired or replaced if such request is not unreasonable considering the nature of the defects or non-compliances. If we are unable to offer reliable repair or replacement of the product, we shall reimburse the amount paid by you to us for this product. By accepting these Terms of Delivery you expressly agree that pursuant to our warranty obligation we may choose to reimburse you the amount paid by you for this product, and that from the point of view of your user’s rights the reimbursement of the amount is at least as beneficial to you as the other warranty rights, which you may have.
11.7.4. In the case of repair or replacement we shall repair or replace, and deliver the repaired or replaced product at no additional cost for you. In this case you shall not be entitled to reimbursement of the paid amounts or to deduction from the sale price. For such repaired or replaced product the same periods and terms shall apply as the ones for the initial sales contract.
11.7.5. In the case of reimbursing the amount we shall reimburse the entire amount received from you for this product as soon as possible, including the processing fees (fees for administrative processing of COD), if any, as well as any reasonable direct costs you have incurred on the return of the product to us.
11.7.6. We shall make such reimbursements through a bank transfer. If you haven’t done it already, please send us information, at the time of returning the product at the latest, about your personal bank account opened in the Serviced country and in the currency, in which the amount was paid (name of bank, IBAN, name of holder of the account), on which we may make the reimbursement of the amount.
12. CONCLUSIVE DECREES
12.1. The Website and the services offered by it under item 3.1. of these General Terms, is intended for use by a specific circle of people. In the case that a User, who does not cover the respective criteria, decides to use the Website and the services offered on it under item 3.1. of these General Terms, he/she shall fully assume the risk thereof, as well as the responsibility to observe these General Terms and the legislation of the Republic of Bulgaria.
12.2. In the case that any of the clauses of these General Terms proves to be invalid, inapplicable or illegal due to any reason, such clause shall not impede the effectiveness of any of the remaining clauses of these General Terms.
12.3. These General Terms shall be regulated and interpreted on the basis of the effective legislation in the Republic of Bulgaria.
12.4. Any and all disputes, which have arisen with respect to or in connection with these general terms, the failure to observe them, their validity or interpretation, shall be arranged by good faith negotiations between the Users and Simonas Cards Ltd. and through mediation. Should no agreement be reached within 30 days from receiving the notice of the occurrence of the dispute, each of the Parties shall be entitled to refer the dispute to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (“arbitration to BCCI") according to the rules of arbitration ("Rules") of BCCI by one arbiter appointed in compliance with the Rules. The place of arbitration shall be Sofia, Bulgaria. The arbitration shall be held in Bulgarian. The arbitration decision shall be final and compulsory for the Parties.