ECOMMERCEDENTAL STANDARD TERMS & CONDITIONS OF USE & SALE
These Terms & Conditions of Use and Sale (hereinafter referred to as "Terms") govern exclusively the contractual relations between the Seller and the Customer. These Terms are the only ones to be applied and replace all other conditions, except in the case of express written consent.
The Seller shall be entitled to change some of these provisions, therefore it is recommended that the Customer reads the Terms at each visit to the Website.
1.1. In these Terms:
“Contract” means a contract between the Customer and the Seller for the sale of Goods.
“Customer” means the dental professional or organization (including authorised resellers) who/which accepts the Seller’s written quotation for the sale of Goods or whose written Order for purchase of Goods is accepted by the Seller.
“Document” includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form and any disc, tape or other device embodying any other data.
“Goods” means the goods (including any instalment of the goods or any parts for them), which the Seller is to supply in accordance with these Terms.
“Order” means the Seller’s written job sheet setting out in detail the nature of the Goods supplied.
“Order Form” means the form provided on the Seller’s Website for the specification of the Goods to be purchased by the Customer, which the Customer has to fill out by using the functionalities of the Website in order to make an Order.
“Seller” means EcommerceDental EOOD, a single person limited liability company, duly incorporated and existing under the laws of the Republic of Bulgaria, UIC: 204405973, VAT No. BG204405973, registered as a Personal Data Controller under ID No. 426443, with registered office in the Republic of Bulgaria, 1000 Sofia city, 21B "Moskovska" Str., 3rd fl., phone: +35929433388, email: email@example.com
“Terms” means the standard terms of sale and use of the Website set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Customer and the Seller.
"Website" means the website of the Seller at web address: www.ecommercetooth.eu, where the Seller offers specialized dental Goods to Customers with professional dental background or resellers and which offers the capability of entering into contractual relation via electronic means.
1.2. The headings in these Terms are for convenience only and shall not affect their interpretation.
2. CHARACTERISTICS OF THE WEBSITE AND ITS USE
2.1. The Website is an e-shop which allows its Customers to (non-exhaustively):
2.1.1. Make a registration and create a profile for browsing the Website and use of additional functionalities.
2.1.2. Make electronic statements in connection with the conclusion or execution of Contracts with the Seller via the Website.
2.1.3. Conclude Contracts.
2.1.4. Make any payments in relation to the Contracts concluded with the Seller, as maintained by the ways of payment offered on the Website of the Seller.
2.1.5. Receive information about new products offered by the Seller.
2.1.6. Review the Goods, their characteristics, prices and delivery terms.
2.2. The Seller shall deliver the Goods and guarantee the rights of the Customers in accordance with these Terms, with good faith and in compliance with the applicable legislative requirements.
2.3. By virtue of the Contract concluded with the Customers, the Seller undertakes to deliver and transfer the ownership of the Goods defined as per the Customer's Order.
2.4. The Customers shall pay remuneration to the Seller for the delivered Goods according to the conditions established and displayed at the Website and in the present Terms. The remuneration is in the amount of the price announced by the Seller on the Website.
2.5. The Seller shall deliver the Goods ordered by the Customer within the time limits and at the Terms set by the Seller on the Website and under these Terms.
2.6. The price for the delivery shall be determined separately and explicitly from the price of the Goods.
2.7. The Customer and the Seller agree that all statements between them in connection with the conclusion and execution of the Contracts may be done electronically.
3. USE OF THE WEBSITE
3.2. The Customers may only use this Website for purposes expressly permitted by these Terms. As a condition of the Customer’s use of the Site, the Customer warrant to the Seller that he/she shall not use the Site for any purpose that is unlawful or prohibited by these Terms. Further, the Customer agrees that he/she shall not use the Website in any manner that could in any way disable, overburden, damage or impair it or otherwise interfere with any other party’s use of the Website. The Customer agrees that he/she may not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided through authorized use of the Website. The Website is for commercial use only.
3.3. The Customers shall be identified in their professional capacity and act in this capacity during their use of the Website and the conclusion and execution of the Contract. The Goods provided are not intended for personal use by end consumers. The Customers declare that they do not use the Goods as end consumers.
3.4. The Website may be hyperlinked to and by other websites which are not maintained by, or related to the Seller. Hyperlinks to such websites are provided as a service to the Customers and are not sponsored by, endorsed or otherwise affiliated with this Website or the Seller. The Seller has not reviewed any or all of such websites and is not responsible for the content of any linking websites, and any links made directly from the Webite to another web page should be accessed at the Customer’s own risk. Yatoto makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
3.4. Where registration is required in order to use the Website and conclude Contracts, the Customer shall state his/her professional capacity as provided for on the Website in the registration process.
3.5. Where registration is required for the conclusion of Contracts, the Customer hereby declares that he/she agrees that the Seller shall at any time after the completion of the registration be entitled to require from the Customer to provide documental evidence (license, sale’s permit, registration certificate, etc.) of the stated professional capacity of the Customer via the registration process.
3.6. The name and password for remote access are defined by Customer via electronic registration on the Website.
3.7. By filling in the data and clicking the respective buttons for registration, the Customer declares that he/she is familiar with these Terms, agrees with their content and undertakes to comply with them unconditionally. Where registration is not required on the Website for concluding a Contract, the Customer declares that he/she is familiar with these Terms, agrees with their content and undertakes to comply with them unconditionally by placing an Order.
3.6. The Seller confirms the registration made by the Customer, through a letter sent to a Customer's email address to which the registration activation information is sent. Upon the creation of the account a contractual relationship for the use of the Website is established between the Seller and the Customer.
3.7. When performing the registration, the Customer undertakes to provide correct and up-to-date data. The Customer shall update the data specified in his/her registration in the event of any change.
3.8. By checking the respective checkbox during the registration process on the Website and creating a Customer’s profile of an organization, the respective entity performing the registration declares that he/she has the right to legally represent the respective organization and enter into a binding agreement on its behalf.
3.8. If a Customer Account is created via the use of a social networking or other network profile, a party to the contract is the person who is the owner of the account on the respective social or other network used for the registration. In this case, the Seller has the right to access the data necessary to identify the Customer in the relevant social or other network.
3.9. The electronic address provided at the initial registration of the Customer shall be used to contact the Customer with regard to any matters within the scope of these Terms. The Customer has the right to change his/her own email address.
3.10. The Seller reserves the right to restrict any Customer’s access to the Website’s functionalities at his sole discretion, if the Seller deems that the use of the Website’s functionalities by the respective Customer could be harmful to the Seller.
3.11. The Seller reserves the right to decline the registration and deactivate a Customer’s profile, where registration is required for the use of the Website or the conclusion of Contracts, at any time for commiting a breach of these Terms by the respective Customer, as well as for any reason or for no reason.
4. TECHNICAL STEPS TO CONCLUDE A CONTRACT
4.1. In order to conclude Contracts the Customers mainly use the Website.
4.2. The Contracts shall be concluded in English language.
4.3. A party to the Contract is the Customer according to the data provided at the registration and contained in the personal profile of the Customer, or the data specified in the respective Order form when registration is not obligatory.
4.4. The Seller shall include in the interface of the Website technical means of identifying and correcting errors in the input of information before a Contract is concluded.
4.5. The Contracts shall be deemed to have been concluded by filing the respective Order Form and receipt of the respective price by the Seller.
4.6. The Seller delivers the Goods to the address indicated by the Customers and does not bear liability in the event that the data specified by the Customers is untrue or misleading.
4.7. The Customers conclude the Contract with the Seller by the following procedure:
4.7.1. Performance of registration on the Website (if required for the purchase of the respective Goods).
4.7.2. Provision of the necessary data in the Order Form, including: selection of one or more Goods by adding them in the cart; provision of data for delivery; choice of method of payment of the price; confirmation of the Order and payment of the price.
5. ACCEPTANCE OF THE TERMS
By registration and creation of a personal profile on the Website, or by placing an Order Form in the manner provided at the Website the Customers declare that they have read all information provided to them regarding the purchase procedure and fully accept the Terms.
6. REPRESENTATIONS & PURCHASE METHOD
6.1. The Seller shall ensure the provision of the Goods to the Customer in accordance with the Order Form, in each case subject to these Terms, which shall govern the Contract to the exclusion of any other terms.
6.2. The Seller’s employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Customer acknowledges that he/she does not rely on any such representations, which are not duly confirmed in writing.
6.3. Any advice or recommendation given by the Seller or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods, which is not confirmed in writing by the Seller is followed or acted on entirely at the Customer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation, which is not so confirmed.
6.5. The Customer can only purchase the Goods in the catalogue viewable on the Website at the time of placing the Order Form and illustrated and described in the relevant information sheets.
6.6. The Goods viewable on the Seller’s Website, promotional or otherwise, are available for sale only insofar they are in stock at the time of the conclusion of the Contract, regardless if it is so specified or not in any catalogue or product list available on the Website.
6.7. The images of the Goods and the information contained in the information sheets correspond to the characteristics of the products, as indicated by the manufacturer or by the supplier to the Seller. It is understood that any difference between what is published on the Website and the reality is not attributable to the Seller, who is not responsible for the accuracy of the information provided by the manufacturer or the supplier.
6.8. The images of the Goods published on the Website have only descriptive and indicative purposes and the actual Goods delivered may be different from the published images.
6.9. The Goods are not available for testing.
6.10. All Goods sold on the Website are subject to their availability in stock
6.11. Orders can be made by the Customer in the following ways on the Website, 24 hours a day, 7 days a week. Should the Customer needs any support with regard to the purchase of Goods, he may request assistance by the Seller by e-mail at firstname.lastname@example.org or via phone at +39 359 29433388, Monday to Friday, 09:00 to 18:00 EET.
6.12. The Seller shall send to the Customer an e-mail in confirmation of the Order’s receipt.
6.13. Following the receipt of the payment under the respective Order, in term of 10 working days thereafter, the Seller shall verify the data supplied by the Customer and if the Goods are in stock. If in the above specified timeframe the Seller ascertains that the ordered Goods are not available in stock, the amount payed by the Customer shall be refunded.
6.14. In case that no payment is made under the respective Order within 5 working days on behalf of the Customer, the Order shall be considered cancelled.
7. PROMOTIONAL GIFTS AND OFFERS
7.1. At the Seller’s sole discretion, he may make available to the Customers promotional gifts and offers upon purchasing certain categories of Goods or specific items from the Website.
7.2. Such promotional gifts and offers shall be available to the Customers only within specific time frames as indicated in the Website.
7.3. In the case where the promotion has not indicated specific items, their characteristics (type, colour, measures, etc.) shall be determined at the discretion of the Seller.
8. PRICES OF GOODS
8.1. The price of the Goods shall be the Seller’s quoted price on the Order Form.
8.2. The prices are displayed in Euro (€), including VAT. Delivery costs are charged separately and depend on the carrier’s tariff.
8.3. The Seller reserves the right to change the prices of the offered Goods at any time, but shall always comply with the values indicated in the respective Orders accepted prior to the change in price.
9. TERMS OF PAYMENT
9.1. The Customer shall pay the price of the Goods indicated in the Order by the means of payment described on the Website.
9.2. The Customer may choose within the following payment methods: by wire transfer, by credit or debit card, or by Pay Pal.
9.3. Based on the type of card the Customer is using for payment, he/she may be asked to enter further details to enhance the security of the transaction. This request of information comes directly from the respective card issuer and relates to a password that identifies the Customer as the authorised user of the card. All credit and debit card holders may be subject to validation and authorisation by both the Seller and the card issuer, in order to maintain security and prevent fraud.
9.4. The Seller is not responsible for any charges or expenses with regard to fees, commissions or other additional payments made by the Customer or his/her bank with regard to the performed transaction, as well as in case of currency exchange rates applied by the Customer’s bank.
9.5. Upon receipt of the payment, the Seller shall issue the respective invoice to the Customer. The invoice shall be issued based on information provided by the Customer and shall be sent to the latter by email.
9.6. The Customer is obliged to provide to the seller all reasonably required information for the issuance of the respective invoice, including Customer’s name, address, ID number, VAT number, representatives, etc.
10. DELIVERY & TRANSFER OF RISK, CANCELLATION
10.1. Seller’s responsibility following the receipt of an Order and its due payment by the Customer shall be to dispatch the ordered Goods to a carrier chosen by the Seller. The delivery of the Goods to the Customer is performed in accordance with the terms and conditions (including rates, time for delivery, insurance, etc.) of the respective carrier.
10.2. The Seller shall deliver Goods only to a limited number of countries indicated in the respective Order Form.
10.3. The risk passes to the Customer as soon as the item to be delivered leaves the Seller’s warehouse.
10.4. No Order, which has been paid for and accepted by the Seller may be cancelled by the Customer except with the agreement in writing of the Seller and on terms that the Customer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation. In particular, but without limiting the foregoing if any Order is cancelled the following charges shall apply: Notice given 5 – 7 days prior to the shipment of the Goods: 30% of the Seller’s quoted price. Notice given 3 – 4 days prior to the shipment of the Goods: 60% of the Seller’s quoted price. Notice given 2 days or less days prior to the shipment of the Goods: 90% of the Seller’s quoted price. The above cancellation fees represent a preliminary estimation of the loss which will be suffered by the Seller as a result of such cancellation.
11.1. Upon acceptance of the Order and following the receipt of the respective payment thereto by the Seller, the latter shall dispatch the ordered Goods within 7 days of the date of receipt of the payment.
11.2. The Seller is not responsible for the term of delivery of the Goods once they are collected by the chosen carrier.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. All information, content, software, materials, text, images, video and audio files, methods, technical characteristics and solutions, names and services found on, obtained from or otherwise connected to the Website is considered the copyrighted and trademarked intellectual property of the Seller. No rights or title to any of the Seller’s content contained on the Website shall be considered transferred or assigned to the Customers.
12.2. Trademarks, service marks, logos, and copyrighted works appearing on the Website are the property of the Seller who retains all rights thereto.
13. WARRANTIES & LIABILITIES
13.1. Where the Seller supplies in connection with the provision of the Goods any items manufactured by a third party, the Seller does not provide any warranty of any kind, express or implied, or guarantee their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity given by the respective manufacturer. The Customer shall bring to the manufacturer of the Goods any claims that he/she may have with regard to the purchased products.
13.2. The Seller shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
13.3. The Seller shall not be held responsible for loss or damage incurred by the Customer due to delays, slowdowns and interruptions in the ecommerce service, provided that such events do not depend on its conduct, or are caused by the malfunction of telecommunications services.
13.4. The description of products on the website is for commercial purposes only and do not imply any recognition and certification of the actual effectiveness of the products. Further to that, the Seller does not guarantee the real validity and utility of the products displayed on the website and therefore shall not be considered responsible for the non-occurrence of the effects reported in the descriptions and / or on their packaging. The Seller is not responsible for any damages caused by misuse of the products displayed on the Website.
13.5. The information contained on the Website is intended for medical professionals only. Description or reference to a product does not imply endorsement of that product. To the fullest extent permitted by law, the Seller is not responsible for any losses, injury or damage caused to any person or property by negligence or otherwise, resulting from Goods purchased from the Seller.
13.6. The Seller makes no warranty in respect of availability of the Website or that it is error free. The Customer is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. The Customer also understands that the Seller cannot guarantee that any content downloaded from the Website will be free from infection, viruses and / or other code that has contaminated or destructive properties. The Customer is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) on his/her device.
13.7. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
13.8. In any case, except if otherwise expressly provided in these Terms, the Seller shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the sale of Goods or their use by the Customer and the entire liability of the Seller under or in connection with the Contract, if engaged, shall not exceed the amount of the Seller‘s charges for the price of the Goods.
14. FORCE MAJEURE
14.1. The Seller will not be held liable to the Customer for delays or non-performance of contractual obligations arising directly or indirectly from causes of force majeure beyond its control such as: natural phenomena of particular intensity, war events, strikes, unforeseen restrictions by authorities etc.
14.2. In any case of force majeure event which delays the performance of the obligations due, the parties may cancel the Contract or ask for execution within a newly agreed period of time.
The Seller respects the privacy of its Customers. Safeguarding the confidentiality of personal information of the Customers and people the Seller contacts is a primary concern: information about their person, Orders and purchases you make with the Seller through will be used in respect for the Customer’s confidentiality and the right to the protection of his or her personal data.
INFORMATION FOR CUSTOMERS USING THE WEBSITE
15.1. Types of Data Handled Computer systems and software procedures for their operation acquire, during their normal operation, certain data the transmission of which is implied in the use of Internet communication protocols. These are information that is not collected to be associated with identified individuals, but which by their very nature could, through elaborations and associations with data held by third parties, allow the Customers to be identified. This category of data includes, for example, IP addresses or domain names of computers used by Customers who connect to sites, URL notation addresses (Uniform Resource Locator) of required resources, time of request, method used to submit the request to the server, the file size obtained in response, the numeric code indicating the status of the server response (good, error, etc.) and other parameters related to the operating system and the computing environment of the server, Customer, the Seller and related sites (Ecommercetooth, EcommerceDental and ElearningDental) use this data for the sole purpose of obtaining anonymous statistics on site usage and to check that they are working properly. The data could be used to detect liability for hypothetical cybercrime for damage to sites: save this eventuality, web contact data persists for a time not exceeding what is needed for the purposes, for which they are collected and subsequently treated.
15.2.1. A "cookie" is a small text file created by some websites on your computer when it accesses a particular site, with the purpose of storing and transporting information. Cookies are sent from a web server (which is the computer on which the visited web site is running) to the Customer's browser (Internet Explorer, Mozilla Firefox, Google Chrome, etc.) and stored on the computer; They are then re-sent to the website at the time of subsequent visits. The Seller’s Website uses different categories of cookies.
15.2.2. Session or Temporary Cookies are released from the Seller’s Website sites on the Customer's computer while viewing them, and are not stored persistently, but only limited to the duration of the navigation session. This implies their deletion once the Customer's browser is closed. The use of these cookies is strictly limited to the transmission of session identifiers, consisting of random numbers generated by the server, necessary to allow safe and efficient site browsing. They are anonymous, do not allow you to identify the visitor, and are in no way combined with other information (and master data provided by the Customer through the compilation of web forms). They are used exclusively to examine the use of sites, to compile statistics based on information collected in anonymous form and by using aggregated data.
15.2.3. Permanent Cookies are text files released by visited websites and are stored on the computer of the Customer even after leaving the Website. The Website creates this kind of cookies and stores them on the Customer’s device so that they can be read at the next visit of the Website. On the Website permanent cookies are used both in anonymous and registered form. The purposes may be different: store some information, customize the navigated pages, and even deliver the so-called "behavioral advertising", that is, a particular form of advertising based on the observation of Customer’s navigation in order to create specific behavioral profiles. Based on these the Seller has the ability to present advertising content as close as possible to the visitor's interests. Permanent cookies used by the Seller are divided into:
15.2.4. Anonymous marketing cookies - allow customization and enhancement of web browsing. This kind of technology allows the Customer to collect and record anonymously information on the site pages you consult. The collected data do not allow you to identify the Customer, and are in no way combined with other information (e.g. master data provided by you through your registration). These data are used solely to trace and examine Customers' use of sites, compile statistics based on information collected in anonymous form and by using aggregated data or system name cookies - allow identification of a person through the data provided by the Customer upon registration to the Seller’s Website. They are used, for example, to allow the normal functioning of the e-commerce functionality, to store shopping cart information, to speed up access to restricted areas.
15.2.5. Named marketing cookies - allow the person to be identified using the provided data by the Customer when registering on the Seller’s Website. They are primarily used to analyze the behavior and interests of individual Customers while browsing the Website so they can offer content that is more responsive to their interests. The Seller's Website releases this type of cookie exclusively if the the Customer expressly agrees to it. The Customers have the ability at any time to set up their browser to accept all cookies, only some, or to reject them, disabling their use of the Website. In addition, the Customer can normally set their browser preferences so that they are notified whenever a cookie is stored in the memory of their computer. It is reported that failure to accept cookies by the Customer could affect the proper functioning of the Website. Finally, remember that at the end of each navigation session, the Customer may in any case delete the collected cookies from his / her own hard disk.
15.4. In order to receive more information and in case of any questions about the cookies used by third parties, the Customers shall address their questions directly to the respective third parties and get acquainted with their cookies policies.
15.5.2. The Social Widgets/Command Buttons are those particular "buttons" often represented as graphic icons (e.g. social network icons like Facebook and YouTube) that allow Customers who are browsing the Seller’s Website to perform an action or a command (e.g. "I Like") interacting with a "click" directly on social networks. Thanks to the click on the Social Widgets/Command Buttons, the Customer has the opportunity to share the content of the site on their social profile. The Seller does not share any navigation or data information with social networks accessible from their pages via the widgets or command buttons.
15.5.3. Data collection mode: Data collected through the Website is handled with automated tools and the time strictly necessary to achieve the purposes for which they were collected. Specifications and appropriate security measures are observed to prevent loss of data, misuse or incorrect use and unauthorized access. Data transfer rate as far as navigation data is concerned, anonymous acquisition is required to allow the data to be lost.
15.6. Access and consultation of the content of the Seller’s Website: 15.6.1. Use of sites by minors of 18 years. The Customer who has not reached the age of 18 can freely navigate the Website. What he/she cannot do is use the functionalities that require the registration or the provision of data and information. The registration and use of the functionalities made available through the the Seller’s Website is only permitted to persons over the age of 18. No one below this age threshold can register to the sites or use the functionalities made available through it, unless they have previously obtained the consent of a parent or legal guardian.
15.6.2. Address of data communication. The navigation data may be communicated to data processing companies for the provision and management of computer services, for example in the case of hosting activities entrusted to third parties and connected to the use of the Website. The data will then be known and processed within the Seller, by staff expressly designated as a responsible and/or responsible of treatment according to their respective authorization profiles. Officers and Managers will be able to carry out consultation, use, processing, comparison and any other appropriate automated operation, only in cases where they have been expressly authorized. In the event of an express request and under statutory circumstances, the data may be communicated by the Seller to the public security authorities and to the police forces. With reference to information generated by third-party cookies used by the Seller’s Website, these are communicated to Google Inc. within the limits indicated on this page.
15.7. Administration of personal data. The sites of the Seller are managed and controlled by the Seller as a personal data administrator. The up-to-date list of data processing officers may be requested from the owner or by writing to email@example.com the Seller is entitled to request at any given time from the Customer to be identified and to certify the authenticity of each of the circumstances and personal data announced during the registration. In its capacity as personal data administrator the Seller collects, processes, stores and transfers the Customer’s personal data information in the manner described in this policy.
15.8. Collection and processing of personal data by the Seller The personal data of the Customers is usually collected and processed by the Seller in the process of performing some of the following specific actions and activities:
15.8.1. Performing of action or activity, related to the use of the functionalities provided by the Seller At any moment before, during or after the use of the Website’s functionalities by the Customer, the Seller shall be entitled to demand from the respective Customer to identify and validate the credibility of every personal data provided by them.
15.8.2. Visiting a website, which is a property of the Seller and/or maintained or administered by the Seller The information collected by the Seller upon visiting such websites, excluding the information collected through cookies, includes non-exhaustively the following data: IP-address of the particular Customer, website access date; information on the manner of use of the relevant functionality; information about the browser and the operating system; referring URL, GPS coordinates, etc.
15.8.3. Linking a profile of an integrated certification service provider (Facebook ID, Microsoft Profile, Google Account, Foursquare and others): Upon linking a profile of an integrated certification service provider (“CSP”), the Customers shall specify, subject to the explicit consent to respective the CSP, the type of the information and content to be shared for the purposes of the Seller. The Seller collects and processes such information, including, but not limited upon registration on the Seller’s Website, linking a profile integrated with CSP to the profile created on the Seller’s Website and others.
15.8.4. The Seller shall not be held liable for the storage and processing of information shared by the Customers regarding their user-activity, including when carried out in connection with using the Seller’s functionalities, in applications of a CSP. The collection, storage, protection and processing of such information by CSP shall be governed by the relevant provider’s terms of service.
15.8.5. Use of Website’s functionalities. The use of services offered interactively by the Seller (e.g. subscriptions to newsletters, purchases, registration of events, conferences, etc.) may sometimes require the compilation of web forms by entering information from the interested party, qualified as personal data by the Personal data protection act (hereinafter "PDPA"). the Seller, as a data administrator, provides some useful information about how the data sent by the Customer will be handled and what the Customer’s rights are.
15.8.6. Typology of processed data. To access the functionalities and content provided by the Seller through the Website, depending on the type of functionality, personal and identifying information such as name, surname, residence / home address, email, date of birth, VAT, etc. For access to the Seller’s Website functionalities the Seller shall never request for the Customer concerned to release sensitive data (e.g. to reveal racial and ethnic origin, religious beliefs, philosophies, politics, health, sexual life, etc. ) or judicial (data on criminal records, or regarding the quality of defendant or investigator, etc.). The Customer can voluntarily provide her/her own personal data through several ways: compilation of web forms, voluntary registration for the use functionalities, initiatives, etc.
15.9. The treatment of the data is in accordance with this policy and can result from the following activities:
15.9.1. Provision of information about the Goods offered by the Seller and the Sellers’ partners Upon use of the Website’s functionalities offered by the Seller, the Seller shall be entitled to provide information for offers placed on the Seller’s Website by personalizing these in accordance with the Customer’s behavior.
15.9.2. Identification of a Customer using the Seller’s Website The Seller shall be entitled to use the personal data collected for the Customers in relation with a following identification of the latter upon use of an Interface of the Seller and for protection of their the Seller’s profile from unauthorized access or unauthorized use of the Seller’s Website functionalities.
15.9.3. Future developments, innovative development and improvement of separate functionalities offered by the Seller The Seller shall be entitled to use the data collected for the Customers for the purposes of improving the functionality of the Seller’s Interfaces, as well as for the purposes of improving the functionalities offered by the Seller.
15.9.4. Marketing and market research on the behavior and the creation of Customer profiles of using the Seller’s Website The targeting of Cusomers is performed on basis of statistical analysis on their personal activities and profiles created, or other data, collected in the process of using the functionalities provided by the Seller or its partners. The information from the profile and the activities of the Customers are being used primarily for the purposes of better understanding, analysis and forecasting of their preferences and interests. It may be combined with other information about the Customers for the purposes of personalization, offering of other Goods and provision of more suitable advertising content on basis of the profile of a particular Customer.
15.9.5. Behavior advertisement The Seller shall be entitled to publish third parties’ advertisement on its Website that corresponds to the profile of the Customers in order to provide them with information, which corresponds to their behavior and habits upon use of the the Seller’s Website functionalities, as well as to add value in the process of their use.
15.9.6. Statistical purposes and analysis The Seller shall be entitled to process the information collected from the Customers for statistical purposes and for preparation of subsequent analysis for its own and third parties’ needs.
15.9.7. Protection of the Seller, the Sellers’ partners and any other affected third party from any and all illegal actions taken by the Customer In particular cases, in which the Seller considers in good faith that a disclosure of information is necessary in order to protect, execute or safeguard the legal rights and security of the Seller or of the Seller’s partners or any other affected third party, the Seller shall be entitled to disclose such information about the Customers subject to compliance with the regulations of the PDPA.
15.9.9. The following is a list of the services that can be rendered available through the Website and the specific purposes of processing personal data related to each of them:
- request and / or subscription to the newsletter or other specific services (e.g. updates on site news, site registration to benefit from the services, "I search for and offer" announcements, requests for information to individual offices and/or business divisions, etc.): the data provided by the person concerned will only be used for sending the required information;
- participation in events, events, and initiatives (e.g. conferences, meetings, fairs, etc.): the data will be used to Participation in specific initiatives to which it intends to join from time to time;
- applying for a job position by sending a CV: the data will be processed to carry out the selection and recruitment of professional profiles to be inserted inside;
- specific requests for information or contact (e.g. request for business and technical information, contact requests, product availability, etc.): the data released by the interested party will only be used for sending the requested product
- product purchases: the data released will be used for the management of purchase Orders and related activities (sending goods, billing, payment management and related activities, etc.)
- commercial information or advertising material: the data released will be used for the purpose of sending commercial or advertising material by means of traditional mail, e-mail, fax, SMS, etc. None of the functionalities made available through the Seller’s Website bind the interested party to the required and compulsory acceptance of this specific purpose of handling the data provided. At any time, the person concerned may change his or her choice and object to the treatment by writing to firstname.lastname@example.org. The Seller notes that the PDPA allows the Data administrator to use, for commercial purposes, the e-mail address that the data subject has provided in the context of a previous sale of Goods without having to obtain explicit consent, provided that it is Goods similar to those previously provided and the person concerned, duly informed, does not refuse such use, initially or on a subsequent occasion.
15.10. Sending unwanted commercial communication
The Seller may at its own discretion send unwanted commercial communication to Customers in order to inform them about occurred events that are important to them. The Seller declares, that it will not misuse sending such communication, as the information it contains may mainly, but not exhaustively include: instructions for using the functionalities provided by the Seller, guarantees on the security of the Customers, system messages etc. The Customers hereby grant their consent to the Seller to receive such unwanted commercial communication in accordance with the Electronic Commerce Act.
15.11. The abovementioned purposes for using personal data are not exhaustive and the Seller shall be entitled to unilaterally amend these at any time subject to its compliance with the applicable legislation.
15.12. Disclosure of personal data In certain cases, upon observation of the legal rules and regulations and in order to protect the Seller’s or third parties’ interests, the Seller shall be entitled to disclose information about the Customers, where such disclosure is required for purposes of:
- assuring the protection, exercise or preservation of the legal rights, the privacy, the security or the property of the Seller, its employees, contracting parties or of other Customers or members of the society;
- assuring protection against fraud or for risk management purposes;
- compliance by the Seller with legal requirements;
- executing requests from competent administrative authorities, performed in accordance with the applicable legislation;
- in other cases provided under these Terms.
15.13. The Customers shall be aware of the fact that the provision of statistical data by the Seller to third parties is only done in aggregated form. The manner of procession and the volume in which the data is provided to third parties do not allow the identity of the respective Customer to be revealed and do not threaten their security. The Seller acts with the will of a loyal service provider to the Internet community and does not provide any processed data to third parties in case that the volume of this data is small enough and may lead to а disclosure of the digital identity of a current Customer. In case that the Customer provides individual data for a Customer to third parties, this is a subject to the explicit consent of the respective Customer.
15.14. Rights of the Customers
15.14.1. Right of information and access to the personal data collected from the Customers The Customers are entitled to receive from the Seller’s full, exhaustive and current information on the collection, the processing, the storage and the transfer of information about their personal data and the data of the persons, which they represent in connection with the Seller’s activity. the Seller provides the requested information in accordance with the procedure, the established terms and by adhering to the provisions of the PDPA.
The Seller provides at disposal on the Seller’s Website detailed information about all data on registration and use of the profile or the Seller’s Website functionalities, an integral part of this policy, which can be interpreted as personal data under the PDPA. The information includes the type of data, the Customer of whom it is collected, collection method and purpose of use of the Seller. By adopting this policy, the Customers declare that they are familiar with the collected as personal data user information, and accept the latest to be used for the purposes stipulated in it.
15.14.2. Right of rectification, refusal or withdrawal of consent for disclosure of information constituting personal data The Customers, whose personal data is collected, processed, stored and transferred, shall at any time be entitled to object to the Seller against the abovementioned actions with their personal data (as well as to demand its deletion or correction), provided that the respective actions do not meet the requirements of the PDPA, as well as to require from the Seller to notify third parties, to whom the relevant personal data has been disclosed, about such correction or deletion of specific personal data except for the cases where such notification is not possible or would require disproportionate efforts.
The Customers shall have the opportunity to rectify some of the data on their profile by using the relevant functionalities for user data management available in the Website’s Interface or by sending an explicit written application containing the necessary requisites in accordance with the PDPA to the Seller’s help center or by e-mailing to email@example.com.
The Customers shall be informed and agree that in case they cancel their consent or refuse to provide information, which represents personal data, the Seller shall be entitled to limit their access to the Seller’s Website, respectively to deny the specific Customer access to the Website’s functionalities offered by Seller.
15.15. Processing of the data. The processing of data will be done through means of paper and magnetic media, computer or telematics, the data will be stored on both computer media and on paper or magnetic media and on any other type of media that can guarantee their security and confidentiality. Database custody is carried out in secure environments, the access of which is controlled and managed in compliance with the provisions of the PDPA. The data will be included in the relevant databases, which they will be able to access and thus become acquainted with the employees expressly designated by the Registrar and/or responsible for the treatment according to their respective authorization profiles. Officers and Managers will be able to carry out consultation, usage, processing, comparison and any other appropriate automated operation, only in cases where they have been expressly authorized. Data transfer numbers contribution of personal data freely provided by the Customer by compiling web forms is optional. The interested party is therefore free to provide the requested data. However, with particular reference to those indispensable to executing the submitted requests, the failure or inaccurate assignment may result in the inability to execute the submitted request.
15.16. The current policy is an integral part of the Terms.
15.17. The current policy is revised in full compliance with the requirements of the applicable Bulgarian and European legislation and is fully consistent with the provisions of Directive 2002/58 EC of the European parliament and the Council, as well us with Directive 2009/136 EC of the European parliament and the Council, regulating the processing of personal data and the protection of privacy in the electronic communications sector.
For any other matters not settled by this policy the relevant provisions of the acting Bulgarian legislation shall be applied. Applicable to disputes, between the Customers and the Seller will be the regulations of the Bulgarian legislation, as in absence of a mutual agreement between the parties, the dispute shall be referred to the competent Bulgarian court with local jurisdiction in the city of Sofia.
16. TERMINATION OF CONTRACTS
16.1. The Contracts with the Seller may terminated in the following cases:
16.1.1. Upon termination, liquidation or bankruptcy of one of the parties to the Contract.
16.1.2. By mutual agreement of the parties in writing.
16.1.4. In the case of force majeure events.
16.1.6. In case of deletion of the Customer 's registration on the Website. In this case, the concluded but not fulfilled Contracts remain in effect and are subject to enforcement.
16.2. Subject to the other provisions of these Terms, the Contract between the Customer and the Seller shall terminate automatically on completion of the provision of the ordered Goods.
16.3. Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 10 days after being required by written notice to do so, provided that the Customer shall pay for all Goods supplied or ordered up to and including the termination date and shall indemnify the Seller in full for all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of termination.
17.1. A notice required or permitted to be given by either party to the other under these Terms shall be made in electronic form via e-mail, addressed to that party at its registered e-mail or in writing at the registered office or principal place of business.
17.2. The requirement for a written form, where these Terms require any Document to be filed in a written form, shall be deemed to have been complied with, if any such Document is drafted in an electronic form.
17.3. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right.
17.4. If any provision of the Contract and the Terms is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in question shall not be affected.
17.5. The Contract shall be governed by the laws of the Republic of Bulgaria and the parties hereby submit to the exclusive jurisdiction of the Bulgarian courts in respect of any dispute in connection with the Contract and the Terms.
17.6. These Terms represent an agreement that is deemed concluded between the Seller and the Customer upon their acceptance by the latter. The Terms constitute the entire agreement between the parties, supersede any previous agreement or understanding between them and may not be amended except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
17.7. The Seller shall be entitled to sub-contract or assign the whole or part of its obligations hereunder without the prior written consent of the Customer.
17.8. These Terms shall enter into force upon their publication on the Website.