General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF ONLINE STORE Creato.gifts
Art. 10. (1)  The Supplier and the Users shall conclude separate contracts for the purchase and sale of the goods requested by the Users, although they are selected with one electronic statement and from a list of goods for purchase.

(2) The supplier may organize together and simultaneously the delivery of the goods ordered with the separate contracts for purchase and sale.

(3)  The rights of the Users in relation to the delivered goods shall be exercised separately for each purchase contract. The exercise of rights in relation to the delivered goods does not affect and has no effect on contracts for the purchase and sale of other goods. In the event that the User has the quality of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of a particular product does not affect the contracts for purchase and sale of other goods delivered to the consumer.

Art. 11. When exercising the rights under the contract of sale, the User is obliged to accurately and unambiguously indicate the contract and the goods in respect of which he exercises the rights.

Art. 12. The User may pay the price for the individual contracts of sale at once when placing the order of the goods or upon their delivery.

VII. SPECIAL CLAUSES THAT APPLY TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data specified for the conclusion of the contract of sale or upon registration in Creato.gifts, it can be concluded that they are Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art. 14. (1)  The main characteristics of the goods offered by the Supplier in the Creato.gifts platform are defined in the profile of each item in the Creato.gifts platform

(2) The price of the goods, including all taxes and fees, shall be determined by the Supplier in the Creato.gifts platform in the profile of each item in the Creato.gifts platform.

(3) The value of the postal or transport costs not included in the price of the goods is determined by the Supplier in the Creato.gifts platform and is provided as information to the Users when selecting the goods for the conclusion of the purchase contract;

(4) The methods of payment, delivery and performance of the contract are determined in these General Terms and Conditions and the information provided to the User through the mechanisms in the Creato.gifts platform.

(5) The information provided to the Users under this Article is current at the time of its visualization on the Creato.gifts platform before the conclusion of the purchase contract.

(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the Creato.gifts platform or e-mail.

Art. 15. (1) The User agrees that the suppliers in the Creato.gifts platform have the right to accept an advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.

(2) The User chooses independently whether to pay the Supplier in the Creato.gifts platform the price for delivery of the goods before or at the time of delivery.

(3) In the event that the value of the User's order is equal to or exceeds 500 Euro., payment shall be made only by transfer or deposit to the payment account of the Provider.

Art. 16. (1) The user has the right, without compensation or penalty and without giving any reason, to withdraw from the concluded contract within 2 days from the date of making the order.

(2) The right of withdrawal under para 1 shall not apply in the following cases:

1. for the supply of goods made to the order of the consumer or according to his individual requirements;
2. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
3. for the supply of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the supply of goods which, after being delivered and by their nature, have been mixed with other goods from which they cannot be separated;
5. for the supply of sealed sound or video recordings or sealed computer software that are unsealed after delivery, including software license activation codes, features in software or virtual means of payment.
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(3)  When the supplier in the Creato.gifts platform has not fulfilled its obligations to provide information set out in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within 14 days from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, it begins to run from the date of its provision. The consumer has the right to make the statement of withdrawal under this article. directly to the Provider with a free text application on contact@ creato.gifts

(4) When the User has exercised his right of withdrawal from the distance or off-premises contract, the Supplier shall refund all amounts received from the consumer, including the cost of delivery, without undue delay and no later than 2 days from the date on which he was notified of the consumer's decision to withdraw from the contract. The supplier refunds the amounts received,  using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly consented to the use of another means of payment and provided that this entails no cost to the consumer.

(5) In exercising the right of withdrawal, the cost of returning the delivered goods shall be deducted from the amounts for reimbursement under para 4, except in the cases when the consumer arranges himself and at his own expense the return of the goods. The supplier has no obligation to reimburse the additional costs of delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods,  different from the cheapest type of standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received by the Supplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1.

(7) The User may exercise his right of withdrawal from the contract with the Supplier by making a written statement to the Supplier through the standard withdrawal form or with a free text application on contact@creato.gifts

(8) When the supplier in the Creato.gifts platform has not offered to collect the goods himself, he may withhold the payment of the amounts to the User until he receives the goods or until the consumer provides proof that he has sent the goods back, depending on which of the two happened earlier.

(10) Notwithstanding the above hypotheses, the User undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to a clear violation of the commercial appearance of the goods, such as but not limited to a destructible box, airtight packaging and other similar cases. In the event of a damaged commercial appearance of the goods, the Supplier has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the User Refund of the goods in commercial form.

(11) In the event of exercising the right of withdrawal under this Article, it shall be considered that the User has also exercised the right of withdrawal in respect of the bonus content belonging to the goods.

Art. 17. (1) The delivery period of the goods is determined for each item separately at the conclusion of the contract with the consumer through the Supplier's website in the Creato.gifts platform.

(2)  In the event that the User and the Supplier in the Creato.gifts platform have not set a delivery time, the delivery time of the goods is 30 calendar days from the date following the sending of the User's order to the Supplier through the Provider's website in the Creato.gifts platform

(3) If the Supplier in the Creato.gifts platform is unable to perform the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid by him.

Art. 18. The supplier in the Creato.gifts platform undertakes to comply with all requirements laid down in the Bulgarian legislation on the labeling, advertising and sale of food supplements.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1) The Provider in the Creato.gifts platform may organize the delivery and delivery of the goods to the User by a relevant courier within the term specified at the conclusion of the contract.

(2) If the term under para 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall organize the delivery and delivery within a reasonable time.

Art. 20. (1) The User must review the goods at the time of delivery and delivery and if he does not meet the requirements to immediately notify the Supplier in the platform Creato.gifts

(2) If the User does not notify the Provider in the Creato.gifts platform under paragraph 1, the goods shall be considered approved as complying with the requirements, except for hidden defects.

Art. 21. The supplier in the Creato.gifts platform is not obliged to provide the necessary service for the goods.

Art. 22. For the cases not settled in this Section, the commercial sale rules set out in the Commercial Act and the Consumer Protection Act shall apply.

1. PROTECTION OF PERSONAL DATA

Art. (1) The collection, storage and processing of personal data shall be carried out in accordance with the Personal Data Privacy Policy

(2) The personal data entered by the Users shall be subject to protection under the Personal Data Protection Act and the General Regulation 2016/679 and the Provider shall process them for the purposes and within the time limits provided for in the Personal Data Privacy Policy.

(3)  Upon User's agreement with the Privacy Policy, the User explicitly confirms that it agrees that the Provider stores information or gains access to the information stored in the User's terminal equipment for the purposes and deadlines provided for in its exhaustive purposes. The User agrees that the Provider may store information or access the information stored on the User's terminal equipment and on other grounds,  specified in the Privacy Policy.

(4)  The User or the User agrees that the Provider of the Creato.gifts platform has the right to send at any time electronic messages to the User or the User, including a newsletter or proposals for the purchase of goods, while there is a registration of the User or the User in the Provider's e-shop in the Creato.gifts platform.

(5)  The User or the User agrees that the Provider of the Creato.gifts platform has the right to collect, store and process data on the behavior of the User or the User when using the Provider's e-shop in the Creato.gifts platform The User has the right to object to the storage or access to the information under paragraph 3 in the ways provided for in the Privacy Policy.

Art. 24. (1) At any time, the Provider in the Creato.gifts platform has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration.

(2) In the event that for any reason the User has forgotten or lost his name and password, the Provider of the Creato.gifts  platform has the right to apply the announced "Procedure for lost or forgotten names and passwords" available at: Creato.gifts

1. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. (1) These General Terms and Conditions may be amended by the Provider of the Creato.gifts platform, for which the latter will notify all registered Users in an appropriate manner.

(2) The Provider in the Creato.gifts platform and the User agree that any addition or amendment to these General Terms and Conditions will have effect on the User in one of the following cases:

A) after its explicit notification by the Provider in the Creato.gifts platform and if the User does not declare within the 14-day period that he rejects them; or

B)  after their publication on the Provider's website in the Creato.gifts platform and if the User does not declare within 14 days of their publication that he rejects them;

C) with its explicit acceptance by the User through his profile on the Provider's website in the Creato.gifts platform

(3)  The User agrees that all statements of the Provider in the Creato.gifts platform in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent under this Article do not need to be signed with an electronic signature in order to have an effect on him.

Art. 26. The Provider shall publish these General Terms and Conditions together with all additions and amendments thereto.

1. CESSATION

Art. 27. These General Terms and Conditions and the User's contract with the Provider in the Creato.gifts platform shall be terminated in the following cases:

• upon termination and declaration of liquidation or bankruptcy of one of the parties to the contract;
• by mutual agreement of the parties in writing;
• in case of objective inability of any of the parties to the contract to perform its obligations;
• in case of seizure or sealing of equipment by state authorities;
• in case of deletion of the User's registration in the Creato.gifts platform. In this case, the concluded but not executed purchase and sale contracts remain in force and are subject to enforcement;

Art. 28. The Provider has the right, at its sole discretion, without giving notice and without owing compensation, to unilaterally terminate the contract if it finds that the User uses the Creato.gifts platform in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practices in e-commerce.

XII. LIABILITY

Art. 29. The User undertakes to indemnify and release from liability the providers of the Creato.gifts platform and the Provider in legal claims and other claims of third parties (whether justified or not) for all damages and costs (including attorneys' fees and court costs) arising from or in connection with (1) non-performance of any of the obligations under this Agreement,  (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer to others of the rights granted to the User for the duration and under the terms of the contract, and (4) false declaration of the presence or absence of the quality of consumer

Art. 30. The Provider shall not be liable in case of force majeure, fortuitous events, problems on the Internet, technical or other objective reasons, including orders of the competent state authorities.

Art. 31. (1) The Provider shall not be liable for damages caused by the User to third parties.

(2)  The Provider shall not be liable for pecuniary or non-pecuniary damages resulting in lost profits or damages caused to the User in the process of using or not using Creato.gifts and concluding purchase and sale contracts with the Provider.

(3) The Provider shall not be liable for the time during which the platform was not accessible due to force majeure.

(4) The Provider shall not be liable for damages from comments, opinions and publications under the products, news and articles on the Creato.gifts platform

Art. (1) The Provider shall not be liable in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider shall not be liable in the event of concluding a contract of sale, providing access to information, loss or change of data resulting from false identification of a third party who impersonates the User, if it can be inferred from the circumstances that this person is the User.

XIII. OTHER CONDITIONS

Art. (1)  The User and the Provider in the Creato.gifts platform undertake to protect each other's rights and legitimate interests, as well as to protect their trade secrets that have become known to them in the process of performance of the contract and these General Terms and Conditions.

(2)  The User and the Provider undertake during and after the expiration of the contract period not to make public written or oral correspondence held between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. may be considered public domain.

Art. 34.  In case of conflict between these General Terms and Conditions and arrangements in a special contract between the Provider in the Creato.gifts platform and the User, the clauses of the special contract shall prevail.

Art. 35. The possible invalidity of any of the provisions of these General Terms and Conditions will not invalidate the entire contract.

Art. 36. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract related to the implementation and interpretation of this contract.

Art. 37. These General Terms and Conditions shall enter into force for all Users of Creato.gifts

Appendix No 1 - Standard form for exercising the right of withdrawal

Standard form for exercising the right of withdrawal:

 

(fill in and send this form only if you wish to withdraw from the contract)

 

– To (, Singularity Trading Ltd., contact@creato.gifts): – I hereby inform/notify* that I withdraw/withdraw* from the contract concluded by me / us* for the purchase of the following goods*/for the provision of the following service* – Ordered on*/received on* – Name of the user(s) – Address of the user(s) – Signature of the consumer(s) (only if this form is on paper) –Date ------------------------------------------------------ * Delete where not applicable.

Appendix No 2 - Information on exercising the right of withdrawal

Information on exercising the right of withdrawal

Standard withdrawal instructions:

1. Right of withdrawal from the contract at a distance or off-premises.
2. You have the right to withdraw from this contract within 14 days without giving any reason.
3. The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you acquires possession of the goods.
4. To exercise your right of withdrawal, you must notify us at the contact details indicated on Creato.gifts and of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
5. You can use the attached standard withdrawal form, but this is not mandatory. You can also fill in and submit electronically the standard withdrawal form or other unequivocal statement of withdrawal on our website Creato.gifts If you use this option, we will immediately send you on a durable medium (e.g. by e-mail) an acknowledgement of receipt of the refusal.
6. In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

1. Action of refusal.
2. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the date  to which you inform us of your decision to withdraw from this contract. We will make the refund to a bank account specified by you; in any case, this refund will not incur any costs for you.
3. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is the earlier.
4. You must bear the direct cost of returning the goods. Costs are expected not to exceed approximately the amount of delivery or standard courier service.
5. You are only liable for any reduction in the value of the goods as a result of testing them other than what is necessary to establish their nature, characteristics and good functioning.

Further user information can be found at Creato.gifts