The general conditions for purchase and sale through the electronic commerce website www.SEFIRAGALLERY.com
I. SUBJECT
Art. 1. These general conditions are designated to set out the relationship between Sefira, Sole Trader Limited Company, Sofia, Zlatna Dobrudzha Str. No. 13, UIC: BG200976070, herein referred to for the sake of brevity as the SUPPLIER and clients, herein referred to as the USERS of the electronic shop "www.sefiragallery.com” (or www.sefira.gallery), herein referred to as SEFIRA GALLERY.
ІІ. INFORMATION ABOUT THE SUPPLIER
Art. 2. Information pursuant to the Law on Electronic Commerce and the Law on Consumer Protection:
1. Name of Supplier: MC Trade Ltd.
2. Headquarters and management address: Sofia, Zlatna Dobrudzha Str. No.13
3. Address where the activity is carried out: Sofia, Tsar Osvobitel Boulevard, No.4
4. Information for correspondence: Sofia, Email: contact@sefiragallery.com Tel. +359 876 555 444
5. Entry in public registry: UIC BG200976070
6. Number of personal data administrator certificate: 1413798
7. Supervisory bodies:
(1) Commission for personal data protection
Address: Sofia, Ivan Evstatiev Geshov, No.15,
tel: +359 2 940 20 46
fax: +359 2 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer protection commission
Address: 1000 Sofia, Slaveikov Square, No.4A, floor 3, 4 and 6,
tel.: +359 2 980 25 24
fax: +359 2 988 42 18
hot line: 0700 111 22
Website: www.kzp.bg
8. Registration pursuant to the Law on Value Added Tax No.BG200976070
9. The Supplier is a party to the Ethical Code of the Bulgarian Web Association, accessible on http://bwa.bg/wp-content/uploads/2013/03/BWA-Ethic-New2.pdf
III. CHARACTERISTICS OF SEFIRA GALLERY
Art. 3. ELECTRONIC SHOP is an electronic shop, accessible at the following address: www.sefiragallery.com, through which the Users may enter into contracts for the purchase and sale and supply of the goods offered for sale by SEFIRA GALLERY, including the following:
1. To undertake registration and creation of a profile to review SEFIRA GALLERY and to use additional services for the provision of information;
2. To make electronic declarations in connection with the entering into and completion of contracts with SEFIRA GALLERY via the SEFIRA GALLERY interface page accessible on the Internet;
3. To enter into contracts for the purchase and sale and provision of the goods offered by SEFIRA GALLERY;
4. To carry out all payments in connection with contracts entered into with SEFIRA GALLERY, in accordance with the payment methods supported by SEFIRA GALLERY;
5. To receive information about new products offered by SEFIRA GALLERY;
6. To examine goods, their characteristics, prices and conditions for supply;
7. To be informed of the rights arising from the law primarily through the interface on the Internet page of SEFIRA GALLERY.
Art.4.The supplier shall supply goods and guarantee the Users’ rights as set out in the law, within the limits of good will and the criteria and conditions accepted in the practice, consumer or commercial law.
Art. 5. (1) Users enter into a contract for the sale and purchase of goods offered by SEFIRA GALELR through the Supplier’s interface accessible on its Internet page at the following address: www.sefiragallery.com or other means of remote communication.
(2) On the basis of the contract of sale and purchase of goods entered into with the Users, the Supplier shall be obliged to supply and transfer the ownership to the User of the goods specified by such via the interface.
(3) Users shall pay to the Supplier remuneration for the goods supplied in accordance with the conditions set out by SEFIRA GALLERY and these general conditions. The remuneration shall be in the amount of the price declared by the Supplier on the SEFIRE GALLERY address in the Internet.
(4) The supplier shall supply the goods ordered by the Users within the periods and pursuant to the conditions defined by the Supplier on the web page of the electronic shop and in accordance with these general conditions.
(5) The price of the shipping shall be determined expressly and separately from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all the declarations made between them in connection with the entering into and completion of the contract for the sale and purchase may be made in electronic form and by means of electronic declarations pursuant to the meaning of the Law on Electronic Documents and electronic signatures and art. 11 of the Law on Electronic Commerce.
(2) It is assumed that the electronic declarations made by the User on the site are made by the persons indicated in the information provided by the User upon registration, if the User has registered their own name and access password..
IV. USE OF SEFIRA GALLERY
Art 7. (1) In order to use SEFIRA GALLERY for the purposes of entering into contracts for the purchase and sale of goods, the User shall enter a name and password chosen by them for remote access, in the events when the electronic shop requires registration.
(2) The name and password for remote access shall be defined by the User by means of electronic registration in the Supplier’s site.
(3) By completing the data and pressing the “Yes, I accept” and “Registration” buttons, the User declares that they are familiar with these general conditions, that they agree to their content and is obliged unconditionally to abide by them.
(4) The Supplier shall confirm the registration made by the User by means of sending a letter to the electronic address defined by the User, to which information about registration activation shall be sent. The recipient shall confirm the registration and completion of the contract by means of an electronic link in the letter sent by the Supplier informing them of the completed registration. After confirmation a User account is created and contractual relations arise between the User and Supplier.
(5) During registration, the User shall be obliged to provide accurate and up-to-date information. The user shall update the information indicated in the registration, in the event of any change.
(6) In the event that for the purposes of registration, the User uses a social network profile or other networks, the party to the contract shall be the person who is the title-holder of the profile used for the purposes of registration in the relevant social or other network. In this event the Supplier shall be entitled to access to the information necessary for identifying the User in the relevant social or other network.
Art. 8. (1) The electronic address provided during initial User registration, as well as any subsequent electronic address used for the exchange of declarations between the User and the Supplier shall be the “Main Electronic Address” in the meaning of these general conditions. The User shall be entitled to change their Main Electronic Address for contact.
(2) The Supplier shall not bear liability before the User for the unlawful change of the Main Electronic Address for contact.
(3) The Supplier may require the User to use the Main Electronic Address for contact in certain cases.
V. TECHNICAL STEPS FOR ENTERING INTO A CONTRACT FOR PURCHASE AND SALE
Art. 9. (1) Users shall primarily use the interface on the Supplier’s webpage to enter into contracts for the purchase and sale of the goods offered by the Supplier in SEFIRA GALLERY.
(2) The contract shall be entered into in Bulgarian.
(3) The contract between the Supplier and the User shall represent these general conditions accessible at the following address: www.sefiragallery/terms-conditions.
(4) The User is a party to the contract with the Supplier in accordance with the information presented upon registration and which is contained within the personal profile of the User. In order to avoid any doubt, this is the information used to create the account with the Supplier.
(5) This contract shall be considered to have been entered into from the moment of completion of the registration of the User with the Supplier. The contract for the purchase and sale of goods shall be considered completed from the moment of its declarations by the User via the Supplier’s interface.
(6) In order to enter into this contract and to enter into the contract for purchase and sales of goods, the Supplier shall expressly inform the User in a suitable way by electronic means.
(7) The declaration for the entering into of the contract and the confirmation of its receipt shall be considered received when their addressees are able to access them.
(8) The Supplier shall supply the goods at the address indicated by the User and shall not be liable in the event that the information provided by the User is incorrect or misleading.
Art. 10. Users shall enter into a contract for purchase and sale with the Supplier in accordance with the following procedure:
(1) Completion of registration in SEFIRA GALLERY and the submission of the required information, if the User has no current registration in SEFIRA GALLERY;
(2) Entering the system, in order to complete orders with SEFIRA GALLERY by means of identification with a name and password;
(3) Selection of one of more of the goods offered by SEFIRA GALLERY and their addition to the list of goods to be purchased;
(4) Submission of information for the completion of the supply;
(5) Selection of the means and moment of payment of the price;
(6) Confirmation of the order.
VI. PARTICULAR OBLIGATIONS OF THE SUPPLIER CONSUMER PROTECTION
Art. 11 The regulations of this section VI of the general conditions shall be applicable to Users for whom the information provided for the purposes of entering into the contract for purchase and sale or registration in SEFIRA GALLERY renders them users in the meaning of the Law on Consumer Protection, the Law on Electronic Commerce and/or Directive 97/7/EC of the European Parliament and the Council of the 20th May, 1997, with regard to consumer protection in the case of remote contracts.
Art. 12. (1) The main characteristics of the goods offered for sale by the Supplier are set out in the profile of each item on the site of SEFIRA GALLERY.
(2) The price of the item with all taxes included is defined by the Supplier in the profile of each item in the site of SEFIRA GALLERY.
(3) The cost of the postal and transport expenses not included in the price of the goods shall be determined by the Supplier and shall be provided as information to the Users when selecting goods for the purposes of entering into the contract for purchase and sale.
(4) The method of payment, supply and implementation of the contract is set out in these general conditions, as well as the information provided to the User on the Supplier’s site.
(5) The information provided to Users in accordance with this article is up-to-date at the moment of its visualisation on the Supplier’s site of SEFIRA GALLERY prior to the completion of the contract for purchase and sale.
(6) The Supplier shall set out the conditions for the supply of the individual goods in the site of SEFIRA GALLERY.
(7) The Supplier shall indicate prior to the completion of the contract, the total value of the order for all goods contained therein.
Art. 13. (1) The User shall agree that the Supplier may be entitled to accept advance payment for contracts entered into with the user for the purchase and sale of goods and their supply.
(2) The User shall choose independently whether to pay to the Supplier the price of supply of the goods in advance or at the moment of their supply.
Art. 14. (1) The Supplier shall be entitled, without owning compensation or a penalty or without indicating the reason, to reject a contract entered into within a period of 14 days from the date of receipt of the goods.
(2) The right of refusal referred to in para. 1, shall not be applicable in the case of the supply of goods produced in accordance with the requirements of the user or in accordance with their individual order (for example – engraving);
(3) In the event that the user exercises his right to refusal as referred to in para. 1, the Supplier shall be obliged to refund the complete amount of the amounts paid by the user no later than 30 calendar days from the date on which the user has exercised his right to reject the contract. From the amount paid by the user in accordance with the contract, deductions for the return of the item shall be made, unless the user has returned the item at their own expense and has informed the Supplier of this.
(4) The User shall be obliged to store the goods received from the Supplier, to preserve their quality and safety during the period referred to in para. 1.
Art. 15. (1) The period of the supply of goods and the initial moment from which it is calculated shall be defined separately for each item when the contract is entered into with the user via the Supplier’s site at SEFIRA GALLERY, unless the goods are ordered in a single supply.
(2) In the event that the User and the Supplier have not defined a period for supply, the period of supply of the goods shall be 30 working days from the date following the sending of the order by the User to the Supplier vie the Supplier’s site SEFIRA GALLERY.
(3) If the Supplier cannot fulfil the contract for reason of the non-availability of the goods ordered, he shall inform the User of this and shall refund the money paid by him within 30 working days from the date on which the Supplier was obliged to fulfil his obligation arising from the contract.
(4) In the cases referred to in art. 3, the Supplier shall be entitled to supply goods to the user with the same quality and price. The Supplier shall inform the User by electronic means of the change to the implementation of the contract.
(5) In the event of exercising the right of refusal of the contract for supply referred to in para. 4, the costs of the return of the goods shall be payable by the Supplier.
Art. 16. (1) The Supplier shall supply the goods to the User after verifying the implementation of the requirements and the existence of the circumstances referred to in art. 61, of the Consumer Protection Law.
(2) The User and the Supplier shall certify the circumstances referred to in art. 1, in writing at the moment of supply through personal signature, unless otherwise agreed.
(3) The User and the Supplier shall agree that the requirements referred to in para. 1 and para. 61 of the Consumer Protection Law shall be complied with, if the certification is carried out by a person who according to the circumstances may be considered to transmit the information to the user who is party to the contract.
VII. OTHER CONDITIONS
Art. 17. (1) The Supplier supplies and transfers the item to the User by using the services of a courier company in the period set out when the contract is entered into.
(2) If the period referred to in para.1 is not expressly agreed to between the parties when the contract is entered into, the Supplier shall supply and transfer the goods within a reasonable period of time, but no later than 2 months.
Art. 18. The User shall review the item at the moment of supply and its presentation by the courier company and if it does not correspond with the requirements, he shall inform the courier of this fact immediately. Claims for a missing or damaged part of the contents of the courier package, or delayed implementation of the courier service shall be certified with an evidential protocol at the moment of receipt of the package. The courier shall be obliged to guarantee the possibility for verification of the condition and contents of the package by the Recipient.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Supplier shall undertake measures to protect the personal data of the User in accordance with the Law on Personal Data Protection.
(2) For reasons of the security of personal data of Users, the Supplier shall send the data only to the email address indicated by the User at the moment of registration.
(3) The Supplier accepts and announces on its site the Policy for Personal Data Protection accessible at the following address www.sefiragallery.com/privacy-
Art. 20. (1) At any moment the Supplier shall be entitled to require the User to prove and certify the authenticity of any one of the circumstances and personal data declared at the time of registration.
(2) In the event that for any reason the User has forgotten or lost their name and password, the Supplier shall be entitled to apply the declared “Procedure for lost or forgotten names and passwords”, accessible at the following address: www.sefiragallery.com/account/forgotten
IX. AMENDMENT AND ACCESS TO THE GENERAL CONDITIONS
Art.21. (1) These general conditions may be amended by the Supplier, about which the latter shall inform all the registered Users of SEFIRA GALLERY in a suitable way.
(2) The Supplier and User shall agree that every addition and amendment of these general conditions shall act upon the User after express notification by the Supplier and if the User has not declared his rejection of them within a 14-day period.
(3) The User shall agree that all declarations by the Supplier in connection with the amendment of these general conditions shall be sent to the electronic address indicted by the User upon registration. The User shall agree that the electronic letters sent in the manner of this article do not have to be signed with an electronic signature to have an effect in relation to himself.
Art. 22. The Supplier publishes these general conditions on the following address: www.sefiragallery.com/terms-conditions, together with all additions and amendments to them.
X. TERMINATION
Art. 23. These general conditions and the contract of the User with the Supplier shall be terminated in the following events:
- upon termination and liquidation or insolvency of one of the parties to the contract;
- upon the mutual agreement of the parties in writing;
- unilaterally with prior notification by either of the parties in the event of the non-fulfilment of the obligations of the other party;
- in the event of the objective inability of either of the parties to the contract to fulfil their obligations;
- in the event of the confiscation or sealing of equipment by the state authorities;
- in the event of the removal of the User’s registration from the site of SEFIRA GALLERY. In this event all contracts for purchase and sale entered into but not completed shall remain in force and subject to completion;
- in the event of the exercising of the right of rejection in accordance with art. 55, para. 1, of the Consumer Protection Law.
XII. OTHER CONDITIONS
Art. 24. The possible invalidity of any of the provisions of these general conditions shall not lead to the invalidity of the entire contract.
Art. 25. Any matters concerned with the implementation and interpretation of this contract not covered by this contract shall be governed by the laws of the Republic of Bulgaria.
Art. 26. All disputes between the parties to this contract shall be resolved by a competent court or the Consumer Protection Commission.
Art. 27. These general conditions enter into force for all Users on the 01.08.2015.