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General Terms and Conditions of Use of https://5new.org/ Website
These general terms and conditions govern the relationship between “5 New Art” EOOD, hereinafter referred to as “the Trader”, on the one hand, and the Users of webpages and services available on the website https://5new.org/, hereinafter referred to as “the User (s)”, on the other.
5 New Art EOOD is a company registered under the Commercial Law of the Republic of Bulgaria, with UIC 206313121, address Sofia, 19 Iskarsko shose Blvd., trade salon “D. Yakov”, p.k. 1528
Office e-mail office [at] 5new.org and telephone +31 686 223 859.
Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Website (hereinafter “the Services”).
This document contains information about the activities of 5 New Art EOOD and the general conditions for use of the services provided by 5 New Art EOOD that regulate the relationship between us and each of our Users.
The confirmation of the General Terms and Conditions is a necessary and mandatory condition for concluding a contract between the User and the Trader.
By accepting the General Terms and Conditions the User agrees to the processing of the User’s personal data on the basis of the contract concluded between the User and the Trader.
Definitions
For the purposes of these General Terms and Conditions, the following terms shall be understood as follows:
Website: https://5new.org/ and all its webpages.
User: any natural person who acquires goods or uses services, which are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside the scope of his/her commercial or professional activity.
General Terms and Conditions: these Terms and Conditions, which include terms of use, cookies, registration and delivery rules, voluntary dispute resolution, contract waiver and exchange forms and any other legally relevant information available on the Website.
Personal data: information about an individual that reveals his/her physical, psychological, mental, family, economic, cultural or social identity.
Goods: movable tangible property, except for the items sold in compulsory execution or through other measures by bodies authorized by law, as well as items abandoned or confiscated in favor of the state, announced for sale by state bodies. Goods are also water, gas and electricity, when offered for sale, packaged in a limited volume or in a certain quantity.
Sales Contract: a contract under which the Trader transfers or undertakes to transfer the ownership of goods to the User, and the User pays or undertakes to pay the price for such goods, including the contracts having as their object both goods and services.
Service: any material or intellectual activity performed in an independent manner and intended for another person and not having as its main subject the transfer of possession of property.
Service contract: a contract, other than a sales contract, under which the Trader provides or undertakes to provide a service to the User, whereby the User pays or undertakes to pay the price for it.
Procedure for alternative consumer dispute resolution: a procedure for out-of-court settlement of consumer disputes, conforming to the requirements of the Consumer Protection Act and carried out by a body for alternative consumer dispute resolutions.
Services Provided
1. On the Website the Users have the opportunity to conclude contracts for service, purchase and sale and delivery of the goods and services offered by the Trader.
Order
2. The Users shall use the website interface to enter into contracts with the Trader for the goods and services offered.
2.1. The contract for purchase and sale of goods or services shall be considered concluded from the moment of confirmation of the order by the Trader.
2.2. The Trader reserves the right to refuse the order upon unavailability of a product or inability to perform a service.
2.3. After selecting one or more of the goods or services offered on the Trader’s website, the User must add them to his/her list of goods or services for purchase.
2.4. The User provides delivery details and chooses the method and time to pay the price, then confirms the order through the website interface.
2.5. When placing an order, the User will receive an e-mail confirmation that the order has been accepted.
3. The Trader has the right to refuse to enter into a contract with an incorrect User.
3.1. The Trader has the right to treat the User as incorrect in case of:
1. Non-compliance by the User with the General Terms and Conditions;
2. An incorrect, arrogant or rude attitude towards the representatives of the Trader;
3. Systematic abuses by the User against the Trader.
Prices
4. The prices of the offered goods or services are those indicated on the Trader’s website at the time of placing an order, except in cases of obvious error.
4.1. The prices of the goods and services include VAT, in the cases where it is chargeable.
4.2. The prices of goods and services on the Website shall be in BGN . If necessary the prices will be recalculated in Euro at the exchange rate of the Bulgarian National Bank.
5. The Trader reserves the right to change, at any time and without notice, the prices of goods and services offered on the website, whereby such changes will not affect orders already placed.
6. The Trader may provide discounts for the goods and services offered on the website in accordance with the Bulgarian law and rules set by the Trader. The rules applicable to such discounts shall be available on the place where the discount is displayed. Discounts can be provided in various forms (e.g. promotions, loyalty discounts provided individually on a random basis or as a result of participation in competition or customer survey).
6.1. Different types of discounts may not be combined when ordering and purchasing the same product/service.
Payment
7. When an User returns a good or service with the right to a refund of the amount paid, whatever the reason, the price subject to refund shall be reduced by the value of the discount applied to the good or service, so that only the amount actually paid will be refundable.
8. The User can pay the price of the ordered goods/services using one of the options listed on the website. Payment is possible on the Website by the following methods:
• Cash on delivery
• Bank transfer
• By credit or debit card.
9. If the User chooses the option of delivery by courier and cash on delivery, the price of the ordered items should be paid together with the price of delivery to the courier upon receipt of the goods.
10. Should an User choose a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.
11. The Trader shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the Trader.
Contract Waiver and Replacement
12. The User has the right to withdraw from the contract without stating a reason, without paying compensation or penalty within 14 days from the date of acceptance of the goods by the User or a third party, and in the case of a service contract – from concluding the service contract.
13. In order to exercise his/her right under this clause, the User must unambiguously notify the Trader of his/her decision to withdraw from the contract, specifying the goods/services he/she wishes to return by providing all details of the order and the delivery, including but not limited to: content and value of the order, data of the person who made the order, data of the person who accepted the delivery and date of delivery.
14. The Trader shall publish on its website a form for exercising the right to withdraw from the contract.
15. In order to exercise the right of withdrawal, the Trader provides the User with the option to fill in and send electronically the standard withdrawal form or other unambiguous application via the website. In such cases the Trader shall immediately send the User a confirmation of receipt of User’s refusal on a durable medium.
16. The User is obliged to return the goods at its own expense together with the receipt and invoice, if any, by handing them over to the Trader or to the person authorized by the latter, within 14 days from the date on which the User has exercised his/her right of withdrawal from the contract.
17. Upon return the goods must be in their original packaging, without traces of use or distortion of the commercial appearance.
18. The Trader has the right to postpone the refund until receipt of the goods back or until a proof is provided that the goods have been sent back, whichever occurs first.
19. In case the User fails to fulfill his/her obligation to return the goods without notifying the Trader of the delay and without providing a valid reason thereof, it shall be considered that the User has withdrawn his/her statement to exercise withdrawal from the contract.
20. If the User withdraws from the contract when the Trader has incurred costs in connection with the performance of the contract, the Trader has the right to withhold the relevant amount for the incurred costs or to demand their payment.
21. The User has no right to withdraw from the contract if the subject of the latter is:
• About the provision of services where the service is fully provided and its implementation has begun with the explicit prior consent and acknowledgement of the User that the latter will lose the right of withdrawal after the contract is fully performed by the Trader;
• Concluded during a public auction;
• For the provision of non-residential accommodation services, transportation of goods, car rental, catering services or the provision of services related to leisure activities, if the contract provides for a specific date or deadline for implementation.
22. The Trader shall refund to the User the price paid for the returned goods.
22.1. In case the User has made a payment under the contract with a bank card and has exercised the right to withdraw from the contract, the refund will be made by ordering a reverse operation on the card with which the payment was made, within 7 working days.
Warranties and complaints
23. The User has the right to claim for any non-conformity of the goods or services with the agreement/order, when discrepancies with the sales contract are found after delivery.
24. The Trader shall not be responsible for color differences due to the natural differences in color reproduction on different monitor models.
25. The trader shall not be responsible for differences in size up to 2 cm.
26. The trader shall not be responsible for the natural wear and tear of the goods.
27. Any non-conformity of the consumer goods with the sale contract, which occurs within 6 months after delivery of the goods, shall be deemed to have existed at the time of delivery, unless it is proved that the non-conformity is due to the nature of the goods or the nature of the non-conformity.
28. The User may not contest the conformity of the consumer product with the sale contract for the latter when:
1. Upon conclusion of the contract the User knew or could not have been unaware of the non-conformity;
2. The non-conformity is due to materials provided by the user.
29. The User has the right to file a claim for the product or service, regardless of whether the manufacturer or the Trader has provided a commercial guarantee for the product or service.
30. When the satisfaction of the claim is made by replacing a product with another one consistent with the agreement, the Trader will maintain the original warranty conditions for the User.
31. Upon filing a complaint, the User may claim a refund of the amount paid, replacement of the product with another one corresponding to the agreed or a price rebate.
32. А complaint shall be submitted orally on the phone number indicated by the Trader or in writing via the specified email, by letter mail or submitted to the company address. The Trader shall provide access to a complaint form on its website.
33. When filing a complaint, the User indicates the subject of the complaint, the preferred way of satisfying the complaint, the relevant amount claimed and the contact address, telephone and email.
34. When filing a complaint, the User must also attach the documents on which the claim is based, namely:
1. Receipt or invoice;
2. Protocols, acts or other documents, establishing the non-conformity of the goods or the service with the agreement;
3. Other documents establishing the grounds and amount of the claim.
35. The complaint of a consumer product may be filed within two years from delivery of the product, but not later than two months from the establishment of the non-conformity. A complaint of services can be submitted within 14 days from detection of the non-conformity of the service with the agreed one.
36. The deadline shall be suspended for the time period required to reach an agreement between the Trader and the User to resolve the dispute.
37. If the Trader has provided a warranty for the goods and the warranty period is longer than the deadlines for filing the complaint under para. 1, the complaint may be filed until expiry of the warranty period.
38. Filing a complaint is not an obstacle to filing a claim.
39. The Trader shall maintain a register of the complaints. A document shall be sent to the User on the e-mail provided by the latter indicating the registered number of the complaint and the type of the goods.
40. Having satisfied the complaint, the Trader shall issue an act thereof, drawn up in two copies, and shall provide one copy to the User.
41. In case of a justified complaint, within one month from filing of the complaint by the User the Trader will bring the goods in conformity with the sales contract.
41.1. If the goods are not repaired after expiration of the term under the previous paragraph, the User has the right to cancel the contract and be reimbursed the amount paid or to request a reduction of the price of the consumer goods under Art. 114 of the CPA.
41.2. Bringing the consumer goods in conformity with the sales contract is free of charge for the User. The latter will not owe any expenses for the shipment of the consumer goods or for materials and labor related to their repair, and will not suffer significant inconvenience.
42. In case of non-conformity of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the complaint, the User has the right to choose between one of the following options:
1. Cancellation of the contract and refunding of the amount paid by him
2. Price reduction.
43. The User may not claim a refund or a reduction in the price of the goods if the Trader agrees to replace the consumer product with a new one or to repair the product within one month of the User’s complaint.
44. The Trader shall be obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the User when, having satisfied three complaints of the User by repairing the same product, within the warranty period, there is a subsequent occurrence of non-conformity of the product with the contract of sale.
45. The User may not claim for cancellation of the contract if the non-conformity of the consumer product with the contract is insignificant.
Intellectual Property
46. The intellectual property rights over all the materials and resources located on the Trader’s website (including the available databases) shall be subject to protection under the Copyright and Related Rights Act, belong to the Trader or to the designated person who has transferred the right of use to the Trader and may not be used in violation of applicable law.
47. When copying or reproducing information outside the permissible one, as well as in any other violation of intellectual property rights over the resources of the Trader, the Trader has the right to claim full compensation for direct and indirect damages.
48. Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the Trader’s website.
49. The Trader undertakes to take due care to provide the User with normal access to the services provided.
50. The Trader reserves the right to suspend access to the services provided. The Trader has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.
Termination and Cancellation of the Contract
51. Should the Trader find that the services provided are used in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and the generally accepted moral norms, the Trader may, in its sole discretion, terminate the contract without notice.
52. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated upon termination of the Trader’s activity or termination of the maintenance of its website.
53. In addition to the above cases, either party may terminate this Contract by one week notice to the other party in the event of non-fulfillment of the obligations under the Contract.
54. The written form of the Contract shall be considered complied with by sending an e-mail, pressing an electronic button on a webpage with content that is filled in or selected by the User or a check box marking on the website, etc. so far as the statement is technically recorded in a way that allows it to be reproduced.
Saving Clause
55. The parties declare that in the event of invalidity of any clause(s) of these General Terms and Conditions, this will not invalidate the entire Contract or other parts thereof. The invalid clause will be replaced by the mandatory provisions of the law or the established practice.
Amendment of the General Terms and Conditions
56. The Trader undertakes to notify the Users of any change in these General Terms and Conditions within 7 days from occurrence of such a circumstance at the email address provided by the User.
57. If the User does not agree with the changes of the General Terms and Conditions, the User has the right to withdraw from the Contract without stating a reason and without any compensation or penalty. In order to exercise this right, the User must notify the Trader within one month from receipt of the notice under the previous article.
58. Where the User does not exercise the right to withdraw from the Contract under the procedure set forth in these General Terms and Conditions, it shall be considered that the change is accepted by the User without objections.
Applicable Law
59. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.
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