Terms and Conditions
These General conditions govern the relations between "Bonchuk and son" EOOD with Unified identification code 202651855 and the usеrs of the web page (the web site) „start-photo.bg" (owned by "Bonchuk and son" EOOD), with regard to the use of the site and to the rights and obligations entailed between the two parties.
The web page (the web site) "start-photo.bg" was developed and is supported by "Bonchuk and son" EOOD.
Upon registration of a usеr′s profile with the information system of start-photo.bg, the usеr fills out a registration form, which constitutes a verbal statement submitted in digital form following a common standard for conversion, reading and visual presentation of the information. The form contains information about the email address and pаssword and is being saved on the server of start-photo.bg, thus constituting an electronic document pursuant to art. 3 of the Electronic Document and Electronic Signature Act. Upon registration, the usеr expressly states that he agrees with these general conditions, where as according to art.3, par. 2 of the Electronic Document and Electronic Signature Act, in view of the compilation of an electronic document, the written form shall be considered complied with, and the two parties to the contract shall be bound by it. If the General conditions undergo some changes, each registered usеr shall be granted the possibility to get acquainted with the new terms and conditions through the information system of the site.
I. Definition of certain terms
With the acceptance of the present General conditions the usеrs declare that they are aware of and agree with the definitions of the following terms:
- Browser is a software application that is used for the reproduction of documents through hypermedia and web navigation (web site), display, and interaction with text, images, video, music, games, and other information.
- Website is a distinct place in the global internet network, accessible through its unified address (URL) as of Protocol HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
- User of a web page or a website is any person who manually, via software, technical device or by all these together, has written the electronic address in his/her browser or who has reached the website via re-direction from another internet site and has made some action (has examined, registered, purchased a good or services from the website, etc.);
- Interface is a set of technical, program and constructive means, the usеr needs with a view of information exchange and communication between different devices.
- Abusive actions are acts or lack of acts, violating ethics or causing damage to persons connected to the internet or to associated networks, sending of unsolicited mail (SPAM, JUNK MAIL), lines overflow (FLOOD), gaining access via other people′s rights and pаsswords to resources, use of deficiencies in the systems to gain personal benefit or to get access to information (HACK), carrying out actions that cannot be qualified as industrial espionage or sabotage, damage or destruction of systems or of information databases (CRACK), scanning of ports (PORT SCAN), sending "Trojan horses" or triggering installation of viruses or remote control systems, disrupting the normal operation of other usеrs of Internet and of the associated networks, carrying whatever actions that might be qualified as a crime or an administrative infringement under Bulgarian law.
- Information system is an interconnected set of tools, methods and personnel used for processing and storing data with the aim of providing information in view of reaching the set goal.
- IP Address is a unique identification number, associating a device, internet page or resource of the usеr in a way that allows their localization in the global Internet network.
- Username is a unique code of letters, numbers and signs, chosen by the usеr by which he distinguishes himself in his relations with the Executor
- Password is a code of letters, numbers and characters, which together with the usеrname identifies the usеr, and which, together with the usеrname, serves the usеr to accede to his profile.
- A usеr profile is a distinct part of the website "start-photo.bg", containing information about the usеr, as required by "Bonchuk and son" EOOD, provided by the usеr upon his registration and stored, used and processed by "Bonchuk and son" EOOD solely for the purposes under article 4, par. 1, item 3 of the Personal Data Protection Act. The access to the client profile is achieved by entering the usеrname (email) and the pаssword. The client profile grants the client the possibility at any time to review and edit the data entered during the registration, and provides full access to all his/her requests for purchase of vouchers from the website "start-photo.bg" with the possibility to refuse receipt of offers, newsletters etc.
- Selling price is the price in Bulgarian leva with VAT included, announced for each photo.
II. Object of the contract
- "Bonchuk and son" EOOD provides the usеrs with a platform for online purchase of photos through its internet site "start-photo.bg".
- "Bonchuk and son" EOOD undertakes to provide to the registered usеrs access to the electronic system for online shopping, by establishing contact with the usеrs for the conclusion of a contract for the purchase of photos and prior payment of the agreed price. The contract shall be considered concluded after prior payment of the agreed price, but its validity may be subject to a condition (the conclusion of a specific number of contracts, etc.) or a specific duration.
- "Bonchuk and son" EOOD supports only and solely the internet site "start-photo.bg", and holds no liability in the following instances:
- For infringements of copyright and related rights through the posting of materials - subject to these rights submitted by third parties, that make publicity through the website, owned by "Bonchuk and son" EOOD;
- For damages caused by other websites, that are accessible via link and banners, featured on this site;
- For any damage caused to the usеrs in providing the service, with the exception of damages caused intentionally;
- For damages, having occurred due to lacking or interrupted access to the internet site "start-photo.bg", for reasons beyond the control of the site team.
- The usеrname, with which the usеr is registered, does not give him any other rights, except the right to use a specific usеr profile within the information system of "start-photo.bg". When the usеr changes his usеrname, "start-photo.bg" shall not check and shall not be liable for the accuracy of the new usеrname, whether it affects the rights of third parties, and in particular the right to a name, or to other personal rights, the right to a company name, the right to a trademark or to other intellectual property rights.
- The usеr undertakes, while using the electronic system through the access granted, to comply with Bulgarian legislation, with the applicable foreign law and with the present General conditions. The usеr undertakes not to transgress other persons′ material or immaterial rights, including intellectual property rights; the usеr undertakes to notify immediately "start-photo.bg" for each case of committed or detected trespаssing, not to interfere with the proper operation of the system, including, but not limited to, not to sabotage the procedure for the identification of any other usеr, not to effect access beyond the access granted, not to impair or impede the availability, reliability or quality of the granted access, as well as not to use this access in a way, entailing refusal to use. The usеr undertakes not to make pаss for another person or to otherwise mislead third parties concerning his identity or affiliation to a specific group of people; the usеr undertakes not to perform abusive actions within the meaning of these General conditions.
- The User is not allowed to retrieve, reproduce, modify, delete, publish, distribute and publicize in any other way the information resources uploaded on the website of "start-photo.bg", and is neither allowed to create its own database in an electronic or other form based on the information resources of the databases, located on the website "start-photo.bg", without the express permission of "Bonchuk and son" EOOD.
III. Conditions relating to the sales and purchases
- When purchasing photos and carrying a translation in the ways, exhaustively listed on the website, "Bonchuk and son" EOOD handles the payment request, and the usеr gets the picture to the page of his profile on "start-photo.bg", 72 hours after payment at the latest!
- If for any reason a photo is withhold and it cannot be sold, the usеr gets back the amount paid.
- For a photo to be purchased, an active profile is needed as well as an email with pаssword within the system of the website. The usеr is responsible for any actions that are the result of using the site through his profile, and including all contracts concluded and payments carried.
- The User undertakes in using his profile, to comply with all applicable local laws and regulations. With the present the usеr undertakes to notify "start-photo.bg" immediately for any case of unauthorized use of a profile, pаssword, or of any other case of an alleged breach of security and to keep updated the information contained.
- With the order and the payment of the price, the usеr concludes with "Bonchuk and son" EOOD a contract for the purchase of a particular photo.
- For any specific promotion it is possible that specific limitations are foreseen, which shall be announced on the site.
These General Terms and Conditions were adopted by decision of the owner of "Bonchuk and son" EOOD from 06.08.2013 and enter into force on 06.08.2013.