Terms & Conditions
The present General Terms are designed to regulate the relations between Simeon Aleksiev 2002 Sole Trader, the supplier, title holder of the website www.vazrazdane-gallery.com (referred to hereinafter as „the online store“) and its users (you, our Customers). By submitting an order to the online store you accept and agree that the present General Terms shall have a binding force. The General Terms are compliant with the applicable Bulgarian law, including the relevant provisions of the Consumer Protection Act (CPA) and the Electronic Commerce Act (ECA).
Please, bear in mind that your acceptance of the present General Terms may not be withdrawn retrospectively, for as long as the distance purchase contract for products in the online store is in effect or until all outstanding amounts are paid to Simeon Aleksiev 2002 Sole Trader.
In the meaning of the present General Terms, Simeon Alexiev 2002 Sole Trader, operating under the Vazrazdane Gallery trademark, is a sole trader, a physical person registered in the Commercial Register with the Registry Agency under UIC: 115629391, with its seat and registered address at 198 Bulgaria Blvd, 6th floor, flat 26, Area North, 4003 Plovdiv, Plovdiv Municipality, Plovdiv District, Republic of Bulgaria, represented by Simeon Aleksiev. The gallery’s trading address is 1 Stoyan Chalakov Str., Ancient Plovdiv, Plovdiv
II. SUPPLIER’S DATA
Information in line with the Electronic Commerce Act and the Consumer Protection Act:
1. Supplier’s name: SIMEON ALEKSIEV 2002 Sole Trader, financially accountable person: Simeon Aleksiev
2. Trademark: Vazrazdane Gallery, Ancient Plovdiv
3. Seat and registered address at 198 Bulgaria Blvd, 6th floor, flat 26, Area North, 4003 Plovdiv, Plovdiv Municipality, Plovdiv District, Republic of Bulgaria
4. Operating address: 1 Stoyan Chalakov Str., Ancient Town, 4000 Plovdiv, Plovdiv Municipality, Plovdiv District, Bulgaria
5. Contact details: 1 Stoyan Chalakov Str., Ancient Town, Plovdiv, E-mail: firstname.lastname@example.org; email@example.com; phone: +359 32 635339; fax: +359 32 635339; mobile: + 359 889 822 640
5. Public registers entry: Registry Agency, UIC 115629391
6. Certificate No. as administrator of personal data: KZLD No. 404496/2017
7. Supervising bodies:
(1) Personal Data Protection Commission, address: 15 Ivan Evstatiev Geshov Str., phone: (02) 940 20 46 fax: (02) 940 36 40 E-mail: firstname.lastname@example.org, email@example.com, webpage: www.cpdp.bg
(2) Consumer Protection Commission, address: 4A Slaveykov Sq., 3rd, 4th and 6th floors, 1000 Sofia, phone: 02 / 980 25 24, fax: 02 / 988 42 18, hotline: 0700 111 22, webpage: www.kzp.bg
„VAZRAZDANE ART GALLERY“, „THE GALLERY“, „THE SUPPLIER“ shall mean Simeon Aleksiev 2002 Sole Trader
"CPA" means the Consumer Protection Act
"PDPA" means the Personal Data Protection Act.
"PSA" means the Postal Services Act.
"WEBSITE" means the website at www.vazrazdane-gallery.com
"ONLINE STORE" or „ELECTRONIC STORE“ means the virtual store at www.vazrazdane-gallery.com, which allows for works of art, publications and albums to be purchased on the internet.
"USER" means an individual who is using the functionalities of the website.
„SELLER“ means the internet page used as the virtual platform for the sale of works of art and albums. The seller is the person with whom the customer contracts a distance arrangement about a particular product in the electronic store.
„BUYER“ means a person of full legal capacity, who agrees with the present General Terms in relation with the request and purchase of the products available in the online store.
„SALES CONTRACT” means the contract concluded remotely via the present website between the Seller and the Buyer and dealing with product sales from the online store.
"CONSUMER" means a consumer in the meaning of the Consumer Protection Act (CPA).
"PERSONAL DATA" means personal data in the meaning of the Personal Data Protection Act (PDPA).
"CASH ON DELIVERY" means cash on delivery in the meaning of the Postal Services Act (PSA).
"GENERAL TERMS" means the present General Terms.
1. General description of services and available products
Vazrazdane Art Gallery offers and sells works of art, catalogues and albums from its website and online store at www.vazrazdane-gallery.com. Through its website, the Gallery extends purchasing offers to its online-store customers by way of posting an electronic order, making payments of the respective price in a manner preferred by the user and delivery to an address stated by the customer. The offers are grouped by different categories (graphics, painting, drawing, sculpture, publications and albums), they contain key information about the product on offer (based on its type) and its price. The offers are accompanied by photographic materials.
The Gallery’s online store offers only original works of art (painting, drawing, graphics and sculpture). Vazrazdane Art Gallery guarantees their origin, authenticity and authorship, whereby it issues a certificate for each purchased work of art. In case you wish to have the work of art delivered outside the Republic of Bulgaria, the Gallery ships the product with an export certificate issued by the Art Gallery.
The online store provides a detailed description of each work of art, which contains the following requisite items: author’s name, title of the work of art, technique, dimensions, framed/unframed, author dated and signed. Paintings are offered as framed or unframed art, as shown on the webpage.
In the Publications and Albums section you can find luxurious, big-format, bilingual (in Bulgarian and in English) catalogues and albums with illustrations and critical essays about various Bulgarian artists. The publications were made by the Vazrazdane Art Gallery and were printed by the ‘Rakursi’ Publishing House.
2. Purchasing terms for products from the Online Gallery
The webpage user may shop as a ‘guest’ or as a ’registered customer’. To be granted the right to make valid requests, the customer has, either way, to fill in the e-form prior to finalising the order.
Filling the e-form:
- The process is voluntary and free of charge;
- All fields marked with an asterisk (*) are required.
- The user is required to provide complete, true and up-to-date data about his/her identity and other information required in the electronic form or shall otherwise be liable for the imprecise execution of the contract;
- The customer declares to be of full age and in full legal capacity to conclude transactions.
In case you decide to register, your shopping will speed up as the entries of your name, telephone and address will be skipped for each subsequent purchase, this will also enable you to track back your order history. The supplier confirms the registration by sending a notice to the electronic address stated by the user with information about activating your registration. The customer may, at any point after the registration, make changes in their initial data, except in the instance of an order confirmed by the Gallery, but not yet delivered to the address stated by the customer. Keeping safe the username and password of his/her account on the webpage shall be entirely the user’s responsibility, as well as any actions carried out by the user or by a third person using the user’s account.
The user and the Supplier agree that all representations between them in connection with the conclusion and the execution of the sales contract may be conducted by electronic means in the meaning of the Electronic Document and Electronic Signature Act and of Article 11 of the Electronic Commerce Act. Presumably, the electronic representations made by the customers on the website would have been made in line with the data they had stated in the electronic form in the process of creating their account or filing a purchase order.
3. Purchase order. Distance contract conclusion
The products, which the user intends to buy, must be added to the user’s shopping cart by clicking on the product’s name or photo and then on the ‘Add to cart’ button. The customer can review his/her products by clicking the ‘Cart’ button appearing within the small frame in the uppermost right corner of the screen. A purchase order is generated upon clicking on the ‘Pay’ button in the ‘Cart’ section. Automatically, the type, quantity and the total price of the products will be listed in the purchase order, based on the items added earlier to the customer’s shopping cart contents.
A product purchase order is deemed to be filed by filling the respective electronic form containing the following customer data:
- recipient data (first name and family name, valid e-mail address, invoicing address, telephone);
- place of delivery;
- shipping method;
- manner of payment you prefer.
The purchase order is deemed submitted after clicking on the ‘I have read and I agree with the General Terms’ button and clicking the ‘Confirm’ button thereafter. The completion of the order has a legally binding effect and constitutes a volition of contract signature between the website user and Simeon Aleksiev 2002 Sole Trader according to the terms stated in the order. The customer gives his/her express consent to accept the order confirmation, which the Gallery forwards by e-mail, to provide the information and to confirm the distance contract.
After a successful order, the user receives an order confirmation at the stated e-mail address containing all data about the order (products ordered, order number, price, delivery address). Confirmation by phone is given for a first order or where additional information or clarifications about the order are required. In the instances where the ordered product (a work of art or an album) is out of stock, the Gallery shall notify the customer. Where the customer does not agree to substitute the ordered product for another one, the order shall be cancelled, the contract between the parties shall be terminated and the Gallery shall refund the advance payments made by the customer.
The prices are stated in BGN (in the Bulgarian version of the online store) and in EUR (in the English version).
For domestic deliveries, the total price of the respective product shall be the end price, which includes the delivery costs and the ‘cash on delivery’ service (where applicable) for the account of the Gallery, to the address stated by the user in the confirmed order.
If you wish to receive the product of your choice outside the territory of Bulgaria, you have to pay the additional shipping costs affixed by the Supplier and stated on the webpage, which are different than the product prices and shall be calculated on a per-product basis. For your information, the additional amount shall be displayed in the field Payment/Order confirmation, at the submission of your order, whereby the webpage system will automatically add it to your outstanding amount, prior to order completion.
The prices shall be valid only as at the time of their publication and the Gallery reserves its right to make unannounced changes at any time. The Gallery is making continuous efforts to check if the prices stated on the website are accurate, without, however, being able to guarantee the absence of technical errors. Upon the detection of an error in the pricing of an ordered product, Simeon Aleksiev 2002 Sole Trader will inform the User as soon as possible and will allow him/her to re-confirm his/her order at the correct price or cancel it. If the Gallery is unable to establish contact with the customer, it will assume that the order is cancelled. If an order is cancelled and the User has paid for the ordered product, the latter shall receive a full refund of the paid amount.
5. Manner of payment
While filling the product order form, the user has to choose and instruct the seller about the manner of payment. Possible choices are:
- Cash on delivery. The customer pays cash to the courier at the time when the ordered product is delivered. This option is available only for deliveries within the Republic of Bulgaria for amounts up to BGN 10 000 (ten thousand) according to the Cash Payments Act effective as from 1 January 2016. The additional fee payable to the courier for the ‘payment to courier’ as a service shall be covered by the Gallery.
- Electronically, via the Paypal international payment system. The system provides a secure and fast tool for electronic payments. Upon the completion of your order, the webpage will transfer you to the PayPal website, where you can authorise the payment. The payment will be conducted through your PayPal account (if you are a registered user of the system) or by debit or credit card through the system.
- Non-cash payment by bank transfer to the Gallery’s bank account at FIB. The payments shall be made to the following bank account: First Investment Bank AD, IBAN: BG84FINV915010N0F2YU, BIC: FINVBGSF, account holder: Simeon Aleksiev 2002 Sole Trader
With the acceptance of the present General Terms, the customer gives his/her express and unconditional consent for all cases, except for ‘cash on delivery’, to make to Simeon Aleksiev 2002 Sole Trader advance payments of the full selling price for all ordered products and the delivery costs, where applicable (for shipping outside the territory of the Republic of Bulgaria).
Simeon Aleksiev 2002 Sole Trader has no access to the information about the debit or credit cards of its customers and does not store such information. The Supplier shall not be liable for any additional charges, commission fees and other payments made by the buyer or levied by his/her bank with regard to the transaction. If your payment method requires currency conversion, all conversion fees shall be for your account.
Concerning the delivery and receipt of the products ordered from the online store, customers must take into consideration that only the products listed in orders, which were submitted by the respective user and confirmed by the Gallery, shall be subject to delivery. The Gallery commits itself to deliver the ordered products via a courier service to an address stated by the customer or to the courier’s office chosen by the user. The Supplier shall ensure the correct packaging of the products and the shipping of the accompanying documents. The receipt shall only take place upon the signature of a document on behalf of the customer in certification of the transfer and receipt and of the accurate execution of the order. The user is entitled to open the parcel in the presence of the courier and if he/she notices and damages on the products caused by transportation, he/she has to describe these circumstances in a reporting form provided by the courier service. Where damages are not registered in writing, the Gallery will not be able to recognise any subsequent claims.
If the customer fails to contact the courier within the deadlines specified hereinafter, the distance sales contract shall automatically be suspended, whereby, as a sanction against the buyer’s default, the Gallery shall withhold all advance payments made by the user. This will also apply when the recipient unduly rejects to accept a delivery.
The user hereby agrees that delivery times may be extended due to unforeseen circumstances lying beyond the reasonable control of Simeon Aleksiev 2002 Sole Trader.
А. Deliveries within the territory of the Republic of Bulgaria
Deliveries within the territory of the Republic of Bulgaria shall be free of charge for the customers and shall be shipped by Econt Express courier service, URL: http://www.econt.com. The country’s geographical territory excludes deliveries to Bulgarian overseas diplomatic missions, embassies, vessels, aircrafts under Bulgarian flag etc., which, pursuant to international law standards are deemed to pertain to the territory of the Republic of Bulgaria.
The delivery deadline within the territory of the Republic of Bulgaria shall be up to 5 (five) working days after the confirmation date for the respective order. Over that period, the order shall be processed, the ordered product is handed to a courier and delivered to the customer.
The ordered product is delivered at the recipient’s address stated in the customer’s order. Where the personal service of the delivery to the recipient is difficult or impossible, shipments shall be served as follows:
- for a home address, to a household member, stating the name of the person accepting the delivery and his/her connection with the recipient;
- for an office address, to a person employed at this address, stating the name and position of the person accepting the delivery.
Where the customer cannot be found at the address stated in his/her order and the respective courier is unable to serve the delivery within its working schedules, the courier employee shall leave a notice specifying a contact phone number for the recipient to call within 3 (three) working days and arrange for a new appropriate time to receive the delivery.
B. Deliveries outside the territory of the Republic of Bulgaria
Deliveries outside the territory of the Republic of Bulgaria (to EU Member States and third countries) shall be made through the licensed postal operator EMS Bulpost, URL: www.emsbulpost.bg.
The delivery times for international shipments may vary based on the country and/or city/town of receipt. For orders outside the territory of the Republic of Bulgaria, we will contact you by e-mail or phone and we will inform you about the price and delivery times for your country.
The transportation service costs for shipping outside Bulgaria is not included in the price of the ordered products. It is calculated by the Supplier based on the parcel weight and the delivery address.
Where no one is located at the stated address, a notice shall be left with an invitation for the recipient to appear at the relevant courier’s office, and a second delivery shall be arranged by phone, where possible. If it is impossible to serve a delivery within 10 days it shall be returned to its sender and the distance contract shall be deemed terminated.
Customers are entitled to file claims to the Gallery, when the purchased product (a work of art or a catalogue) does not comply with the arrangements between the parties under the sales contract. Such non-compliances in the arrangements may be as follows:
- shipping the wrong product (another catalogue or work of art), other than the product ordered;
- impaired intactness of product and/or product damaged in transportation.
Please, bear in mind that the picture frames do not fall within the scope of the contract and do not constitute a part of the purchased painting, but they are an accessory, wherefore, the Gallery shall not bear responsibility for transportation defects or other flaws in the frame.
A claim must be filed within 7 (seven) days from the date when the products are delivered. For this purpose, please, use the electronic form uploaded in the Claims section at the bottom of the webpage.
For justified claims, the Gallery shall refund the amount/s for the product/s subject of the claim (including delivery costs), only if the customer had returned the product/s with all accompanying documents to the Gallery’s correspondence address. The product/s must be returned in preserved artistic shape, without damages, except for the instances of damages in transportation.
The refunding of the amount shall be made to the bank account stated by the user in the electronic form.
8. Transfer of risk
The risk of loss or damage of the product is transferred from the Supplier to the User/Recipient the moment when he/she or a person appointed thereby, other than the courier, accepts the delivery.
V. CONSUMER PROTECTION
The rules of the present section of these General Terms shall apply only for Users, about whom, according to the data stated during the sales contract signature or in the course of their registration in the online store, a conclusion may be derived that they constitute consumers in the meaning of the Consumer Protection Act and the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council on the protection of consumers in respect of distance contracts.
Right of distance withdrawal
The Consumer is entitled to withdraw from the present contract without any default payments and without stating the reason thereof, within 14 days from the date of receipt of the ordered products.
To exercise your right of withdrawal, you have to notify us about (your name, geographical address and, if any, your telephone number, fax and electronic address) and about your decision to withdraw from the contract by making an unambiguous statement (for example, a letter sent by post, by fax or by e-mail). In order to comply with the time for withdrawal from the contract it will be enough to send your notice of exercising your right of withdrawal prior to the elapse of the term for withdrawing from the contract. For your convenience, we have appended a standard withdrawal form.
Should you withdraw from the present contract, we will refund to you all payments you made, including the delivery costs (where such costs have been paid) without undue delay, and, in any case, not later than 30 days from the date on which you notified us about your decision to withdraw from the present contract. The paid amounts will only be refunded by bank transfer, and not as cash on delivery. Therefore, you are requested to send us a bank account, an account holder’s name and the product titles. We are entitled to delay the refund of your payments unless we receive the returned products or you supply evidence that you shipped the products back (whichever is earlier).
Until the time of the transfer of a returned product, the risk of loss or damage to the work of art shall be borne by the Consumer. Upon withdrawal from the contract, the Consumer shall return the purchased product/s (a work of art or a catalogue) undamaged and preserved in their intactness.
VI. Personal data protection. Confidentiality policy.
The Gallery guarantees to its customers the confidentiality of the information provided. Simeon Aleksiev 2002 Sole Trader is an administrator of personal data registered according to the Personal Data Protection Act under KZLD No. 404496/2017. The supplier shall protect its customers’ personal data, which became known to it during user registration or while filling in the electronic purchase order form. The customer’s personal data is used only for the execution of the concluded contract for the sale of works of art/catalogues or vouchers and for marketing purposes and is not provided to third parties, except for the cases when it is requested by the competent authorities as per the provisions of the law.
By filling his/her personal data, the customer confirms that he/she had provided his/her personal data voluntarily and he/she grants his/her express consent for the collection, processing, storing and providing of such data in compliance with the applicable Bulgarian law and, where necessary, for the assurance of the services offered (including, to establish contact with the customer for the purpose of delivering the purchased products through postal service operators/courier companies), for accounting purposes and for other purposes not prohibited by law.
VII. COPYRIGHT AND RELEVANT RESTRICTIONS
All information published on the website, including images, photographs, logo, descriptions of the works of art and of the catalogues, texts and/or multimedia content are copyrighted materials and are the Gallery’s property. The users have no right (except for personal, non-commercial purposes) to copy, distribute, play, reproduce, publish, create secondary materials, transfer, sell or use in any other manner the website’s content without the Gallery’s express preliminary permission in writing and without reference to the source by sharing a link to the website. Users have no right to use the website in a manner, which violates applicable local or international laws or third-party rights, as well as for the diffusion of virus-containing materials.
VIII. LIMITATION OF LIABILITY
In view of the use of the online store services, users must have in mind that the Gallery shall not be liable for:
- the differences in colours and the visualisation of the works of art/catalogues, stemming from differences in the calibration of screens and other technical reasons whatsoever;
- the inaccurate execution of a concluded sales contract for the purchase of products from the online store if the user had submitted incorrect, incomplete, not up-to-date or imprecise data;
- delay of or failure of delivery for products ordered from the website, where payment approval is refused by the issuer of the respective bankcard in connection to products ordered on such card;
- the security of personal data submitted to the website for the cases of unauthorised access (hacker attacks);
- the content of other webpages accessible via links published on the website;
- third persons’ claims, if such persons believe that information published in the online store violates another’s copyright or other intellectual property rights;
- failure to perform its obligations under the present contract at the face of circumstances it did not foresee and was not obliged to foresee, including contingency events, problems in the global Internet network and the provision of services beyond the Gallery’s control.
IX. SUPPLEMENTARY PROVISIONS
1. Posting reviews and comments about products on the website
The Gallery reserves for itself the right not to publish product reviews/comments made in obscene language or such with offensive, defaming, discriminative or intolerant content or such containing advertising messages and/or competitor information, with content contrary to professional and business ethics or eroding whoever’s prestige and reputation, as well as reviews/comments with content, which is inappropriate or such that violates third-party legal rights and interests.
Upon registration on the website or by filing a purchase order, a customer grants his/her permission to receive a newsletter informing him/her about the forthcoming events hosted by the Gallery or about new products on the website. The user may, at any time, unsubscribe from the newsletter after sending notice thereof to the Gallery’s e-mail. Unsubscribing from the newsletter does not automatically amount to withdrawing their consent for the conclusion of a distance contract.
3. Applicable law
For all matters unsettled in these General Terms, the provisions of the effective Bulgarian law shall apply. All disputes arising from the interpretation and the execution of the present General Terms shall be settled by an agreement between the parties, or, where this is not possible and where jurisdiction is not dealt with by an imperative provision, disputes shall be referred to the competent court in the Republic of Bulgaria.
Should any of the provisions of the present General Terms be rendered void for whatever reason, such nullity shall not span on the effect of the remaining provisions.
4. Amending the General Terms
The Gallery reserves for itself the right to amend the present General Terms at any time, without prior notice. The amendments shall take effect as of the day of their publication on the webpage and shall apply thereafter, which means that they will not affect the orders confirmed prior to such date.
The present General Terms shall enter into force for all Users as from 16 November 2017.