Terms of Use
1. SCOPE
Art. 1. These general terms regulate the rules for using the online shop www.saintmarten.com and for conclusion of a sales contract between the trader (Saint Martén, the seller) and the buyer (the user, the customer).
2. DETAILS ABOUT THE PLATFORM OWNER (ADMINISTRATOR)
Art. 2. (1) SAINT MARTEN ECOLIFESTYLE OOD IS A COMPANY WITH HEADQUARTERS AND REGISTERED ADDRESS IN THE REPUBLIC OF BULGARIA, CITY OF RUSE, 71 ALEKSANDROVSKA STREET, 1 WITH 1ST FLOOR, UNIFIED IDENTIFICATION CODE 206609992.
(2) SAINT MARTEN ECOLIFESTYLE OOD administers and operates the electronic shop (website, platform, online shop) with domain https://saintmarten.com/.
(3) SAINT MARTEN ECOLIFESTYLE OOD will be hereinafter referred to as Saint Martén, the seller or trader. You can contact Saint Martén via telephone at 082 871 741 or via e-mail at hello@saintmarten.com. Customer calls will be charged based on the plan and tariff of the customer’s mobile service operator.
3. DEFINITIONS
Art. 3. In these General Terms, the concepts listed hereafter shall be defined as follows:
1. Customer, user or buyer – any adult natural or legal person or other legal organization or legal entity that:
– uses the platform in any way and browses through its content by using internet connection or uses it (contacts the trader) via other communication channels (e.g. telephone) without placing orders and without concluding a distance sales contract;
– has applied for the creation of an account/profile in the platform by filling in data in a registration form and after agreeing with these general terms;
– has created a profile after approval of the application and registration by the trader;
– uses the platform through their account by browsing through the online shop, placing an order and concluding a distance sales contract with Saint Martén through the Platform;
– uses the platform without creating an account by browsing through the online shop, placing an order and concluding a distance sales contract with Saint Martén through the Platform.
2. Seller, trader, administrator – Saint Martén.
3. Contract – this is the distance sales contract for goods between the trader and the customer concluded by using the platform. The contract includes these general terms of use for the online shop, which are considered an integral part of the distance sales contract and both shall be interpreted jointly and inseparably from each other. The term contract shall also include any other verbal or written agreement between the customer and the trader, which is related to the sale of the goods selected by the buyer.
4. The Website or Platform, or online shop – the electronic shop, which may be visited by the customer via the internet at the web address/domain www.saintmarten.com and its subdomains, as well as by using mobile or other internet applications.
5. Content of the online shop/platform – the entire information in the platform available to the customer by using the internet irrespective of the device used, such as:
- trader’s details;
- any text on the platform;
- the tariffs and offers proposed by the trader, irrespective of the period they are announced for;
- any information about the goods (photographs, prices, description, etc.);
- the customers’ communication to Saint Martén (or an associate or employee of the company) sent via electronic communication means or other communication channels;
- any other information provided by Saint Martén (or an associate or employee of the company) to the customer in relation to the platform use and product purchasing;
- any other information related to the platform use and the conclusion of a distance sales contract.
6. Profile or Account – a tab/page of the platform, which contains information about the Customer, such as personal data (address, telephone, name, e-mail, etc.), history of orders as well as other user/customer operations related to the platform use.
7. Cart – a tab/page in the online shop, which may be visited with or without using the profile and which allows the customer to add products.
8. Order – a set of operations performed on the platform by virtue of which the buyer declares to the seller their willingness to purchase products. The order will be considered placed when finalized. This is done by sending the order to the trader after going through all steps in the internet shop.
9. Product – any product on the Platform.
10. Campaign – this is communication aiming at advertising and promoting the online shop or products, unless otherwise mentioned in the communication. The campaign takes place over a certain period of time, which is determined by the Seller.
11. Commercial communication – any type of communication sent via electronic communication channels, which contains general or specific information about:
– offers and promotions;
– the products ordered or added to the cart or information about other suitable products for the respective customer;
– other commercial communication related to the platform use, such as market and user surveys, as well as commercial communication necessary for conclusion or performance of the trader’s obligations under the distance sale contract.
12. Rating – a method to calculate consumer satisfaction with respect to a given product. The rating is formed by certain symbols – stars. The user may rate any individual product by marking the stars under the product within the range from one to five stars.
13. Comment – expression of a positive or negative evaluation, opinion or note about a specific product/goods. The comments are located below the rating of the respective product.
14. Question – addressing/inquiry by a customer to receive information about a specific product on the platform. Questions are asked by the customer to other customers and do not constitute communication with the trader. The questions to the trader are asked by using the contact details indicated on the platform.
15. Response – written information or explanation by another customer addressed to the customer that has asked the question on the respective Platform page.
4. GENERAL PROVISIONS
Art. 4. (1) The General Terms of Saint Martén shall be binding for all customers/users of the platform. By using the platform in any form (such as browsing through products, purchasing products or other possible methods of use), the customer unconditionally accepts these general terms. If the customer uses the platform in any way, this means that the latter has carefully read the general terms and agrees to be bound by them.
(2) The seller reserves the rate to update and amend the platform General Terms from time to time. Any amended version of the general terms will be published on the platform. The general terms may be enforced to the customers from the time they are published on the platform, if they have entered into force. Enforcement shall mean that the trader may rely on the document with the general terms and its provisions in the case of a dispute in the relations between the seller and the buyer. For this purpose, the document with the up-to-date general terms will be located on the Platform, with the date of entry into force and date of publication indicated. Any transaction between the trader and the customer through the platform will be based on the general terms that were in force at the time of placing/finalizing the order.
(3) The trader strives to maintain the accuracy of the content published on the platform, which includes photographs, description, prices and other information based on the definition of content in the “Definitions: section. Nevertheless, technical errors in the platform content are also possible. Therefore, each customer should note that the images of products are for illustrative and guiding purpose only and that the products delivered may differ from the images. The purpose of the images is to provide a rough idea of the type and appearance of the product offered. The images are not intended for presenting the product precisely and it is possible that they do not absolutely correspond to the actual appearance of the product selected. The seller shall not be liable for such discrepancies.
(4) The platform may contain links to other websites. If the customer visits another website (which is not operated by Saint Martén) using a link from the internet shop of the trader, the latter shall not be held liable for the privacy policy, content and information on such other website.
(5) If any provision of these general terms becomes invalid or inapplicable, irrespective of the reason, this shall not result in the invalidity or inapplicability of the remaining provisions of the general terms.
(6) The trader provides each customer with the right to register on the platform and create a profile. The account is created through a registration form and is used after entering an e-mail address and a password. The created profile allows the buyer to place an order to the seller without accepting the general terms. The customer shall be responsible for the reliability of the entire information entered in the account. Before creating an account, the customer shall accept the general terms.
(7) If the customer misuses their rights and thus causes harm to the trader or other customers, Saint Martén may restrict the customer access to their profile to the possibility to order products, use a certain payment method or other functions in the platform. The customer has the right to request information from the trader about the reasons that resulted in the restriction of their rights concerning the use of the platform or their account. The customer may use the information in the “Contacts” section for contacting the trader or they may use the respective form for that purpose, if any. In the case of restriction of the rights of a customer, Saint Martén shall not be liable for eventual damages the customer has suffered or could suffer as a result of this action.
(8) The customer has the right to publish comments or rate a product in the platform. The use of explicit language by the customer is unacceptable and any comment containing offensive expressions and words or discriminative statements will be removed by the Trader.
(9) All final prices of goods in the platform are announced on the respective product page in leva (BGN) or euro (EUR), with included VAT and any other taxes and fees under the applicable legislation of Bulgaria and the EU. The final prices do not include the shipping costs. The user may be subject to such additional costs, which are paid to the shipping company.
(10) Saint Martén may determine and indicate a fixed shipping price for the product in the Platform. If no fixed shipping price is indicated, this means that the customer covers the shipping fee based on the requirements and tariffs of the shipping company in the respective country where the parcel is sent from/to.
(11) The main product characteristics are described on the page of the respective product in the platform.
5. ORDER
Art. 5.(1) To send an order to the trader, the customer shall complete a set of actions (steps) in the platform.
(2) The customer shall select a product from the online shop and add it to the cart by pressing the respective button named “Buy” or with other suitable name, which clearly and accurately reflects the choice of product. The cart contains all products selected by the customer. The customer may order these goods immediately after adding them to the card or at a later stage, and they may also refrain from placing an order for the products put in the cart. The customer may finalize and send an order to the trader after performing all actions indicated on the platform, such as filling in shipping details, accepting the general terms, etc. If a product is added to the cart, but the order is not finalized/sent by the customer through the steps in the platform indicated by the trader, this will not give rise to a registration (shipping) of the order or buying the relevant product.
(3) The customer may add products to the cart only if they are available and this circumstance shall be indicate in the page of the respective product. The seller will notify the customer if the price of certain products is changed by the trader after they have been added to the cart. If the price of a certain product is changed after the customer has sent the order, this change shall not apply to their order.
(4) The customer must provide correct (i.e. up-to-date, truthful, complete and accurate) details when placing the order. If the customer has not indicated the relevant data correctly, the trader shall have the right to annul (refuse to complete) the order and they will notify the customer about this fact. Neither the seller, nor the customer will be held liable and neither of the two parties shall be entitled to compensation, if the seller cancels the order on the ground of incorrect data completed. The seller shall also have the right to cancel the order for other reasons and in other circumstances as foreseen in the legislation of the EU or of the Republic of Bulgaria.
(5) The customer shall provide the seller with the right to contact them for the purpose of completing the order placed. The trader shall have the right to contact the customer in any possible way allowed by the modern means of communication, such as by using information technologies for communication, telephone, etc.
6. CONCLUSION OF A CONTRACT
Art. 6. (1) The conclusion of a distance sale contract shall go through the following stages:
- The customer expresses their willingness to buy the respective product. The order is considered placed after the customer finalizes the order and send it to the trader by using the respective form on the platform. The order is finalized (registered) in the platform after going through certain steps (e.g. selection of products and product characteristics, filling in data, etc.), which are visualized in the internet shop. The order is sent (finalized) electronically bu using the profile, if the user has created an account, or electronically without using a profile. The customer performs the actions and steps for placing the order independently. The order may also be registered/sent in the platform by an employee (associate) of the seller at the request of the customer, if the customer is unable to do it independently.
- After registration (finalization) of the order, the seller will send a notification of receipt to the user stating that the order will be processed. This does not mean that the seller undertakes to complete the order or that they agree to conclude the distance sales contract; it is only sent for information to the customer. This notification will be sent electronically. In exceptional circumstances, when there is a technical issue with the platform or difficulties in communication, or incomplete data, the seller may use telephone. The customer will receive information that the order is being processed or pending or other appropriate expression electronically.
- The distance sales contract will be considered concluded after the customer receives a message on their e-mail or other means (text message or telephone call) that the order has been shipped. Until that time (shipping of the product) the trader does not consider the distance sales contract concluded. The customer will be further notified by the seller or courier about the exact date of delivery.
(2) The distance sale contract includes these general terms and any other written or verbal agreements between the customer and the trader, which are related to the purchase of the product.
(3) All products are being sold and delivered until stocks are exhausted, irrespective of the explicit notice about that in the platform or in the respective product description. The seller has the right to refuse to deliver the products ordered or paid to the customer in the case of exhaustion of stocks (stocks used up) or other objective reasons. The seller will notify the customer electronically or via telephone about the refusal to deliver the products and the reasons for that. In such cases, the only liability the seller has is to reimburse the price for the product to the customer if it has been paid in advance.
(4) The customer may exercise their right to withdraw from the distance sales contract within 14 days of the date of receipt of the product ordered and/or purchased or of the date of receipt of this product by a third party. The customer may withdraw from the contract without stating any grounds/reasons for that within the indicated period under the law. In order to meet the required period for withdrawal from the contract, it is sufficient for the customer to send their message about exercising that right of withdrawal before the expiration of the period for withdrawal from the contract. If the customer has ordered multiple products in a single order, which are delivered separately, the 14-day period shall start on the date when the consumer or a third party, other than the carrier and indicated by the consumer, receives the last product delivered. The trader may provide a longer period on their own initiative, which should be explicitly stated in the communication to the customer about the specific order or otherwise explicitly notified. The customer may contact the trader in relation to their withdrawal from the distance sales contract at the telephone numbers and e-mails indicated on the platform. After receiving a notification of withdrawal, the trader will contact the customer to specify the method for returning the product – via a carrier’s office or to a specified address. Any return of product purchased from the seller shall be at the cost of the customer. The trader expects that the customer will return the products to the address they have been sent by the seller from without undue delay and in any case no later than 14 days after the day on which the customer has notified the trader about their withdrawal from this contract.
(5) If the trader has not offered to collect the products by themselves, they can keep the amounts paid by the customer until they receive the products or until the consumer presents evidence that they have shipped the products back, whichever is earlier.
(6) The trader will reimburse the amounts received by using the same payment method used by the customer when placing the order, unless the customer has expressed their explicit consent to the use of other payment method.
(7) Only a customer that is a consumer within the meaning of the Consumer Protection Act (ZZP) is entitled to withdrawal from the distance sales contract. If the customer has ordered several pieces of the same type of product, the right of withdrawal shall only apply if the customer has opened only one product and the other products of the same type are returned to the trader without damaging their packaging, i.e. in a sealed condition.
(8) The customer may also fill in and send the standard withdrawal form or other unequivocal statement for withdrawal electronically at the trader’s website (www.saintmarten.com). If the customer decides to use this possibility, the trader will immediately send a message confirming the receipt of the withdrawal on a permanent media (e.g. via e-mail).
FORM FOR EXERCISING THE RIGHT TO WITHDRAWAL
(Please, fill in and send this form only if you want to withdraw from the contract)
Attn: SAINT MARTEN ECOLIFESTYLE OOD
headquarters and registered address: Republic of Bulgaria, city of Ruse, 71 Aleksandrovska Street, 1st floor, Unified Identification Code: 206609992
I hereby declare that I would like to withdraw from the contract I have concluded for the purchase of the following products:
…………………………………………………. /product name/
…………….………………………………………………… /product number/
…………………. /date of order/
…………………. /date of receipt by the consumer/
……………………………………………………………………….. /name of consumer/
……………………………………………………………. /address of consumer/
………………. …………………………….
/Date/ /signature of consumer/(only if this form is on paper)
Date ……………………………….
7. PRODUCTS WITH NO RIGHT OF WITHDRAWAL
Art. 7. The customer may not withdraw from the distance sales contract concluded, when it has been concluded for:
– delivery of products where their quality may be impaired or have a short shelf life due to their nature;
– delivery of sealed products that have been opened after delivery and may not be returned due to hygiene and health protection considerations;
– delivery of products which, after being delivered and due to their nature, were mixed with other products they may not be separated from.
8. PRICES, PAYMENT AND BILLING
Art. 8.(1) The prices for each product on the platform are stated in BGN or EUR, depending on the website language version. When the customer uses the Bulgarian language version, prices are final and stated in leva (BGN), whereas the prices in the other language versions are stated in euro (EUR). Prices are inclusive of all taxes and fees under the applicable Bulgarian and European legislation. The price and payment method are indicated on the platform in the course of the process of selection of the respective product and placing the specific order. Customers on the territory of Bulgaria may only pay for the products in leva (BGN) and should use the Bulgarian language version of the website. If the customer is ordering a product from the website by using a different language version, the trader will convert the respective amount from euro in leva and will notify the customer.
(2) Orders of products with total price of more than BGN 10 000 may not be paid upon delivery by the courier, but should be paid in advance via bank transfer or through a bank card. The completion of orders of more than BGN 10 000 is accepted with an explicit communication by the trader to the customer sent electronically. The period for payment is 5 days of the date of sending the communication confirming that the trader has accepted the order or by the date of delivery of the products by the carrier. The selected option for the payment period shall be determined by the trader and the buyer will be notified about it with the communication for accepting the order.
(3) Orders of products with total price of less than BGN 10 000 shall be paid by the customer upon delivery by the courier (carrier) or paid in advance via bank transfer or through a bank card. In this case the customer will select the payment method they would like to use.
(4) The seller must issue an invoice to the customer for the products ordered and delivered. The invoice is issued based on the information indicated in the order by the customer and the latter agrees to receive it electronically. The customer must review the information indicated in the respective order to confirm that it is complete, accurate and correct. If more than one address is available, the one indicated as primary address will be used for billing purposes.
9. USING SUBCONTRACTORS
Art. 9. In order to fulfill their obligations under the sales contract with the customer, the seller shall have the right to use subcontractors, such as carriers (couriers), as well as other parties, if necessary. The trader is not required to request the customer’s consent for using subcontractors.
10. DELIVERY OF PRODUCTS
Art. 10. (1) The seller shall deliver the products ordered by the customer by courier (carrier) to the address indicated by the customer in their order or to a courier’s office, based on the customer’s preference. If the customer has not selected a specific courier’s office, this will be done by the trader.
(2) If the customer states that they prefer delivery of the products to a specific address, they shall write the respective floor in the form they fill in before placing the order. Otherwise, the parcel will be delivered to the building where the address indicated by the customer is. Deliveries to specific address are performed if the building where the address indicated by the customer is could be easily accessed with a truck. Otherwise, the parcels will be delivered to a carrier’s office.
(3) The trader delivers the products by using a carrier on the territory of the Republic of Bulgaria, as well as on the territory of the European Union member-states, excluding Cyprus.
(4) If a fixed shipping rate for the products is indicated, it will be visible after putting the desired products in the cart or before placing the order.
(5) The products will be delivered within 7 days of handing them to the courier for customers on the territory of Bulgaria and within 14 days for customers on the territory of other EU member-states, excluding Cyprus.
11. WARRANTIES
Art. 11. Due to their nature, none of the products offered by the seller may be covered by commercial warranty. All products are used with the statutory warranty for conformity of the product with the contract for sale based on the applicable legislation.
12. TRANSFER OF OWNERSHIP ON THE PRODUCT
Art. 12. (1) The transfer of ownership on the product by the seller shall take place with the transfer of the product from the courier to the customer and after payment by the customer based on the method selected by the latter. If payment is done through a bank card or via bank transfer, the ownership shall be transferred after payment, but no earlier than the transfer of the product. If the selected payment method is cash on delivery, the ownership shall be transferred after the customer receives the product and after paying the price to the courier, which shall be evidenced by the customer’s signature on the delivery note.
(2) The previous paragraph shall apply to consumers under the Consumer Protection Act (ZZP), whereas all other consumers shall be subject to the mandatory rules of the Bulgarian civil and commercial legislation.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Art. 13. (1) The trader shall hold the intellectual property rights on the entire content published on the platform, including, but not limited to:
- logos;
- all images of products;
- advertising images;
- other images on the platform with respect to which the trader owns the property right, which have been created by them or otherwise lawfully acquired;
- all signs and texts;
- multimedia;
- the trade symbols and indications;
- the dynamic symbols;
- other platform-related content that is the property of the trader, has been created by them or otherwise lawfully acquired.
(2) The customer may not copy, disseminate, publish, provide or make any changes to the platform content or parts thereof. The customer may not transfer, sell or distribute materials related to the trader’s intellectual property (the entire content of the platform).
(3) The customer may only use the intellectual property for personal purposes and not for commercial purposes. The content may be used for commercial purposes only if the customer has obtained the explicit written consent of the trader for that purpose. The content may be only used for such commercial purposes the trader has agreed to and based on the method and within the time frame indicated by the latter. Any other use will be considered violation of the trader’s intellectual property rights.
(4) Neither the distant sales contract, nor any other arrangements related thereto shall be considered a permission granted by the trader to the customer to use the seller’s intellectual property.
(5) Sending the entire or part of the platform content to the customer shall under no circumstances be considered granting of a consent for using the intellectual property. The forwarding of any content to the customer through links or other online methods will not be considered granting of any rights to use intellectual property, either.
(6) The trader will pursue their rights in the court, if any customer violates the provisions of the general terms and unlawfully uses the intellectual property on the platform content and any other components related thereto.
14. CONFIDENTIALITY
Art. 14. (1) The customer agrees to provide their personal data to the trader for the following purposes:
– creating a profile by registration in the platform;
– maintaining the customer’s profile;
– registration/finalization of orders with or without the presence of a profile;
– shipping the products based on the distant sales contract;
– billing;
– sending any types of commercial communication;
– conducting marketing surveys;
– analysis and monitoring of sales;
– analysis of the customers’ behavior and their consumption;
– resolution of disputes with customers related to the contract for sale or the use of the platform;
(2) The customer explicitly agrees that the trader may process their personal data and allows the seller to contact them and provide these contact details to third parties for the purpose of performing the distance sale contract, for providing better service to the customer and in relation to the proper and lawful use of the platform, such as:
– couriers and partners of the trader;
– marketing service providers;
– state, municipal or non-governmental organizations, if required by the Bulgarian or EU legislation;
– other partners and counterparties related to the trader’s business and the products offered to the customers.
(3) The customer agrees and allows the trader to process their personal data which the customer has voluntarily provided for marketing and consumer surveys. The trader will not use these data for advertising purposes, but only for analytical studies related to improving the online shop. The customer’s responses to surveys, individual questions or other means for analysis and collection of information for consumer studies will not be sent to third parties, neither will they be published in the platform.
15. PERSONAL DATA AND COOKIES POLICY
Art. 15. The trader processes the customers’ personal data based on the privacy policy, which is part of the general terms. You can find information about it here. You can find the Cookies Policy, which is part of the general terms, here.
16. COMMERCIAL COMMUNICATION
Art. 16. (1) Commercial communication will be only sent to the customer after the latter has given their consent, which is done by creating a profile in the platform and accepting these general terms and from the time of shipping of an order placed without using a profile, however, after the customer has accepted the general terms.
(2) The customer agrees to receive such commercial communication related to the completion of the order and/or the functioning of the profile, without which no communication with the customer would be possible in relation to the order and the delivery of the products. The customer’s consent is also given for this commercial communication, the absence of which would make it impossible for the profile or platform to function.
(3) The customer agrees to receive commercial communication with offers to buy other products that are suitable for use together with the products purchased or other similar products. This commercial communication will be sent after the customer has shopped products from the trader at least once.
(4) The customer agrees to receive commercial communication related to consumer surveys and analysis of consumption.
(5) The customer has the right to withdraw their consent under the previous paragraphs at any time by using the trader’s contact details indicated on the platform or by clicking on the unsubscribe link published in the respective commercial communication. The withdrawal of the consent granted is only related to receiving commercial communication and shall not be considered a cancellation of order or withdrawal from the distance sale contract.
17. COMMENTS, QUESTIONS AND ANSWERS
Art. 17 (1) The customer shall have the right to publish comments, rate products and publish questions and answers.
(2) The comments, questions and answers of the customers on the platform shall be only related to the characteristics, method of use of the products or comparison of products offered by the trader on the platform.
(3) The customer shall have the right to comment on the respective products by stating their positive or negative opinion and to publish questions and answers to other customers, provided that they comply with the following requirements:
– The customers shall use only English, German or Bulgarian language and use the Cyrillic alphabet, if the customer’s comment is in Bulgarian. When commenting in Bulgarian, the customer may also use other publicly known (used by the media) expressions in a foreign language, which are easily understandable by the users (such as e-mail, hate, mouse, copy-paste, etc.);
– They shall not use offensive words or expressions or write comments that could affect third party rights.
– They shall not comment prices or offers or compare the information with other products offered by competitors.
– They shall ensure that the information they enter is correct and reliable. The customer may not use false statements about the trader or other competitors of the trader.
– They shall respect the intellectual property, advertising rights or privacy policies of third parties and not to violate them with the comment, question or answer written.
– They shall not publish information about competitor companies or other entities offering similar products or which have similar business to the one of the seller.
– They shall not publish information of advertising nature or purpose, whether or not this information concerns products that are similar to the ones offered by the seller or products that are not competitive with respect to the trader’s products.
– They shall not publish links or URL addresses of competitors to the trader.
– They shall not publish their personal data (such as telephone number, name, personal number, e-mail or any other data under the personal data protection regulation of the EU) or request such personal data from other customers using the platform, or publish the personal data of third parties that do not use the platform.
– They shall not provide information which can be used for disclosure of the personal data of a customer or third party that does not use the platform;
– They shall not communicate with the seller by writing comments, questions or answers.
(4) The customer grant the trader with the right to use, alter, adapt, publish, reproduce, translate, disseminate and show the content related to comments, questions and answers.
(5) The customer may add a rating for the respective product.
(6) The comments, questions and answers that contain unacceptable content and do not meet the general terms will be removed by the trader. Each customer may take the initiative and notify the trader about the presence of inadequate content in the comments, questions or answers of other customers, which will be followed by a check by the trader. The trader has the right to review the information published by the customers by themselves and check whether it complies with the general terms. The trader has the right to restrict the ability of any customer to publish comments, questions or answers, if they establish systematic violation of the general terms related to these publications, in which case the trader does not need to provide justification for this. The trader may restrict the profile or other platform functions for the respective customer, if their behavior is extremely unacceptable and does not comply with the requirements and clauses of the general terms stated herein.
18. LIABILITY AND FORCE MAJEURE
Art. 18. (1) The parties shall not be liable for any full or partial non-fulfillment of the contractual obligations if it is the result of force majeure.
(2) “Force majeure” shall mean any extraordinary circumstance (event) what occurred after the conclusion of the contract, could not be foreseen or prevented and is beyond the control of the parties, such as: fire, industrial accidents, warfare, natural disasters, such as storms, torrential rains, floods, hails, earthquakes, frosts, drought, landslides and other Acts of G, embargo, governmental prohibitions, strikes, riots, turmoil, etc.
(3) If the force majeure event does not stop within 14 days of its emergence, any of the parties shall have the right to notify the other party that it terminates the Contract, without being liable for any compensation to the other party for any eventual damages.
19. APPLICABLE LAW AND JURISDICTION
Art. 19. (1) The applicable law to the entire contract and all of its provisions shall be Bulgarian legislation/Bulgarian substantive law. No statement by the trader to the customer or any communication between the trader and the customer shall be interpreted as the selection of other applicable law by the parties. The only statement by the trader that shall be considered as an agreement to change the applicable law, shall be the one explicitly made in writing by changing these general terms.
(2) The customer agrees that the trader may transfer all of their rights and obligations that have arisen based on the distance sale contract and the general terms to any other company or legal entity which is part of the trader’s group of undertakings.
(3) All disputes between the trader and the customers, including disputes related to the distance sales contract, will be resolved by mutual consent or, where no such resolution is possible, by the competent Bulgarian courts in accordance with the Bulgarian legislation.
(4) In the case of inconsistencies and conflicts between these general terms and the platform content, these general terms shall prevail.
