These general terms and conditions govern the relationship between “JB Creative” LTD, from now on referred to as “Merchant”, on the one hand, and the Users of the websites and services available on the website http://www.jbratanova.com/, referred to as below for brevity users, on the other.
JB Creative Studio EOOD (JB Creative LTD) is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 131445782, address Republic of Bulgaria, Sofia District, Sofia Municipality, Sofia, 1614, Boyana, Magnolia Building, 62A Belovodski Pat Street, email: firstname.lastname@example.org.
Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Site (from now on referred to as the Services).
This document contains information about the activities of “JB Creative” LTD and the general conditions for using the services provided by “JB Creative” LTD, regulating the relations between each of our users and us. Confirmation of the General Terms and Conditions is a necessary and mandatory condition for concluding the contract between the User and the Merchant. By accepting the General Terms and Conditions, the User agrees to the processing of his personal data based on the contract concluded between him and the Merchant.
For the purposes of these general terms and conditions, the following terms shall be understood as follows:
Website – http://www.jbratanova.com/ and all its subpages.
Consumer – any natural person who acquires goods or uses services that are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside his commercial or professional activity.
Personal data – information about an individual that reveals his physical, psychological, mental, family, economic, cultural or social identity.
Commodity – 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 favour of the state, announced for sale by state bodies. Goods are also water, gas and electricity when offered for sale, packaged in limited quantities or specific amounts.
Contract of sale – an agreement under which the trader transfers or undertakes to transfer ownership of goods to the Consumer, and the Consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.
Procedure for alternative resolution of consumer disputes – a procedure for out-of-court settlement of consumer disputes, meeting the requirements of this law and carried out by a body for alternative resolution of consumer disputes.
1. On the Site, the Users have the opportunity to get acquainted with the goods offered by the Merchant.
2. To conclude a contract with the Merchant, the User uses the inquiry form, which is located under each project on the website. The User should fill in the name of the product (art print), size, material, quantity, as well as additional clarifying questions or information if any.
2.1. The User receives an automatic email to confirm each request.
2.2. In case all the necessary information is filled in the inquiry, the User receives an official offer for purchase from the Merchant within 24 hours. In case there is a need to provide additional information and/or clarifications, the Merchant contacts the User through the last email address provided to make the necessary clarifications. In this case, the deadline for submitting a bid is extended by the time required to specify the order.
2.3. The contract is considered concluded with the confirmation by the User for acceptance of the offer. The confirmation should be sent by email to the Merchant.
2.4. The User receives a confirmation email when his order enters the execution stage.
2.5. In case of impossibility to place an order due to technical or other reasons concerning the partner printing house or another third party, on which the overall finished type of the goods and its packaging depends, the Merchant reserves the right to refuse the order.
2.6. The Merchant reserves the right to contact the User by email after completing the order to receive feedback on the service provided.
3. The Merchant has the right to refuse to enter into a contract with an incorrect User.
3.1. The Merchant has the right to treat the User as incorrect in cases where:
1. there is non-compliance by the User with the General Terms and Conditions;
2. a wrong, arrogant or rude attitude towards the representatives of the Merchant has been established;
3. systematic abuses by the User against the Merchant have been documented;
4. The prices of the offered goods depend on sizes, materials, series, as well as on other technical or other specifics; therefore, they are determined individually for each separate order.
4.1. The prices of the goods include VAT, in the cases where its charging is envisaged.
4.2. The price of transport is charged additionally, except in the cases when it is explicitly stated that it is included in the total cost of the goods.
5. The trader reserves the right to change at any time, and without notice, the prices of the goods offered on the Site, and such changes will not affect orders already placed.
6. The Merchant may provide discounts for the goods offered on the Site, according to the Bulgarian legislation and rules determined by the Merchant. The laws applicable to such deals are available at the place where the discount is displayed. Discounts can be provided in various forms (e.g. promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same product.
7. When the User returns a product with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount applied to the product and only the amount paid is refundable.
8. The Consumer can pay the price of the ordered goods using one of the following options:
• Bank transfer
• PayPal payment system
• Cash on Delivery
8.1. When making a payment by bank transfer, the Merchant provides the User with an IBAN, and the User indicates the order number as the basis in the payment order.
8.2. When making a payment through the PayPal payment system, the Merchant generates an invoice for the order. The invoice is sent by email to the User and contains a link to the PayPal website where the payment can be made.
8.3. Making payment by cash on delivery is possible only for the territory of the Republic of Bulgaria.
9. If the User chooses the option of delivery by courier and cash on delivery, he must pay the price of the ordered items together with the cost of delivery to the courier upon receipt of the goods.
10. If the User chooses 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 Merchant 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 Merchant’s fault.
Withdrawal from the contract and replacement
12. The Consumer has no right to withdraw from the Agreement on the grounds of Art. 57, para. 1, item 3 of the Consumer Protection Act, namely since all goods offered by the Merchant are made according to the individual order of each User and following his requirements.
Warranties and complaints
13. The Consumer has the right to claim for any non-compliance of the goods with the contract of sale when such non-compliance is found after delivery.
14. The trader is not responsible for colour differences that are due to natural differences in colour reproduction from different monitor models.
15. Any non-conformity of the consumer goods with the contract of sale which occurs within six months after the delivery of the goods shall be deemed to have existed at the time of delivery unless it is proved that the lack of conformity is due to the nature of the goods or the nature of the discrepancy.
16. The Consumer may not contest the conformity of the consumer product with the contract for its sale when:
1. after the Agreement he knew or could not have been unaware of the non-compliance;
2. the non-compliance is due to materials provided by the Consumer.
17. The Consumer has the right to file a claim for the goods or services, regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or services.
18. When the satisfaction of the claim is made by replacing the goods with another, corresponding to the agreed, the initial warranty conditions are preserved.
19. Upon filing a complaint, the Consumer may claim a refund of the amount paid, to replace the goods with another, corresponding to the agreed (to deduct from the cost).
20. The complaint shall be submitted in writing to the email indicated by the Merchant or by mail, submitted to the address of the company. The Merchant presents on his website access to a complaint form.
21. When filing a complaint, the User indicates the subject of the complaint, his preferred way of satisfying the complaint, respectively the amount of the claimed amount, and address, telephone and email for contact.
22. When filing a complaint, the Consumer must also attach the documents on which the claim is based, namely:
• receipt or invoice;
• protocols, acts or other documents establishing the non-conformity of the goods with the agreed;
• other documents confirming the claim on grounds and amount;
23. Complaints of consumer goods may be filed up to two years from the delivery of the goods, but not later than two months from the establishment of non-compliance with the agreed.
24. The period shall cease to run during the time necessary to reach an agreement between the seller and the Consumer to resolve the dispute.
25. If the Merchant has provided a commercial guarantee for the goods and the term of this guarantee is longer than the duration for filing a claim, the same may be presented until the expiration of the term of the commercial guarantee.
26. The filing of a complaint is not an obstacle for filing a claim.
27. The trader shall maintain a register of the submitted claims. A document is sent to the User to the email specified by him, in which the number of the claim from the record and the type of the goods is indicated.
28. When the Merchant satisfies the claim, issues an act to that effect, which is drawn up in two copies, and obligatorily provides one copy to the User.
29. In case of a justified complaint, the Merchant shall bring the goods in compliance with the sales contract within one month, as of the filing of the complaint by the User.
29.1. If the goods are not repaired after the expiration of the term under the previous paragraph, the Consumer has the right to cancel the contract and be refunded the amount paid or to request a reduction in the price of consumer goods under Art. 114 of the CPA.
29.2. Bringing the consumer goods by the contract is free of charge for the User. It does not owe costs for the shipment of consumer goods or materials and labour associated with its repair and does not suffer a meaningful inconvenience.
30. In case of non-compliance of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
• refusal of the agreed and ordered by email and refund of the amount paid by him;
• price reduction;
31. The Consumer may not claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with new ones or to repair the goods within one month of the Consumer’s complaint.
32. The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the Consumer when after fulfilling three complaints of the Consumer by repairing the same product, within the warranty period, there is another occurrence. of non-compliance of the goods with the contract of sale.
33. The Consumer may not claim for cancellation of the contract if the non-conformity of the consumer goods with the Agreement is insignificant.
34. The intellectual property rights over all materials and resources located on the Merchant’s website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or to the respective indicated person, who has transferred the right of use. of the Merchant, and may not be used in violation of applicable law.
35. In case of copying or reproducing information beyond the permissible, as well as in case of any other violation of the intellectual property rights over the resources of the Merchant, the Merchant has the right to claim compensation for the suffered direct and indirect damages in full.
36. Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Merchant’s website.
37. The Merchant undertakes to take due care to ensure the possibility for the User for regular access to the provided services.
38. The trader reserves the right to suspend access to the services provided. The Merchant 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
39. The trader has the right at its discretion, without giving the notice to terminate the contract unilaterally if it finds that the services provided are used in violation of these general conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.
40. Except in the cases provided for in these General Terms and Conditions, the agreed relations between the parties shall also be terminated upon termination of the Merchant’s activity or termination of the maintenance of its website.
41. In addition to the above cases, either party may terminate this Agreement by giving one week’s notice to the other party in the event of failure to perform its obligations under the Agreement.
42. The written form of the contract is considered complied with by sending an email, pressing an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the website or similar as far as the statement is technically recorded in a way that allows it to be reproduced.
43. The parties declare that in the event that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.
Modification of the general conditions
44. The Merchant is obliged to notify the Users of any change in these general terms and conditions within seven days of the occurrence of this circumstance at the email address specified by the User.
45. When he disagrees with the changes in the general conditions, the User has the right to withdraw from the contract without stating a reason and without paying compensation or penalty. To exercise this right, the User must notify the Merchant within one month of receiving the notice under the previous article.
46. In case the User does not exercise his right to withdraw from the contract following the procedure outlined in these General terms and conditions, the amendment shall be deemed accepted by the User without objections.
47. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.