FOR USING THE WEBSITE http://www.digitaltemplate.net
AND THE ONLINE OFFERING AND SHOPPING WHEREIN
1. These Terms and Conditions (“TC”) establish rules for the use of the website http:/www.digitaltemplate.net (“The Website”), including online offering and shopping wherein.
2.1. The website is a platform which allows authors to make offers via the seller, and allows the customers to purchase from the seller online licenses for the use of the following digital products (“goods”): digital templates of: brochures, flyers, magazines, books, newsletters, business cards , stationery, presentations, apps etc.
2.2. The website owner and seller (“Seller”) under contracts of remote sale with regards to the website online purchases by customers is the firm “DIGITAL TEMPLATE LTD”, registered office and location where the trader carries on his/her business: Bulgaria, Dimitrovgrad, “Radetzky” 3 Street, e-mail: firstname.lastname@example.org,
2.3. Although a party under contracts for sale of goods on the website, the seller acts as a liaison between authors and buyers – selling goods on his/her own behalf and on behalf of authors, after which revenue from sale of goods is accounted for and payments are transferred to authors, with a reduction of the relevant remuneration (commission).
2.4. The seller has the right to use subcontractors in connection with activities described in these TC’s, which the author and respectively the customer agrees to, and the seller is responsible for the actions of his/her subcontractors to the same effect as his/her own actions.
3.1 The below-mentioned terms have the following meanings in these TC’s:
3.1.1. Customer – any physical or legal person using the website in any way, including browsing, online shopping etc. In the event of an online order made and/or a contract of remote sale, the customer has the capacity of a buyer. Where applicable, the customer has the capacity of consumer within the meaning of the Bulgarian Law on Consumer Protection.
3.1.2. Author – a person who is registered on the website and as a result of his/her creative activities has created a digital product (goods) offered for sale on the website of the seller.
3.1.3. Account – part of the website which is personalized for each customer or author and contains his/her data, and where each customer enters (login) with his/her own username (username) and password (password).
3.1.4. Order – a one-sided action by the customer, constituting a set of actions which the customer performed on an electronic device with the purpose of selecting goods offered on the website and sending a request to the seller to purchase the aforementioned.
3.1.5. Contract – a remotely created contract between the seller and customer for the purchase of goods offered on the website, to which these TC’s apply for.
4.1. These TC’s are binding for all authors and customers.
4.2. Any author or customer who uses the website in any manner agrees to and unconditionally accepted these TC’s.
4.3. Any author or customer who disagrees with these TC’s must immediately leave and stop using the website in any way.
5.1. These TC’s can be changed at any time by being updated on the website. These changes take effect immediately from their publication on the website, and are required for any author and customer.
5.2. The seller has no obligation to inform the author or customer about changes and updates in the TC’s.
5.3. The author or respectively the customer is entitled to inform themselves at any time about the aforementioned changes by checking the website.
5.4. The version of the TC’s, which apply to a specific customer order, will be the one published on the website at the time when the customer completes and sends his/her order to the seller.
6.1. Copyright on all content on this website belongs to the seller or the respective author and any graphical, textual or other information may not be reproduced without the explicit written consent of the seller.
6.2. Regardless of how and if they use the website, the customer may not reproduce, distribute, publish, make available to third parties, alter in any way any part of the website’s content, except with the explicit written consent of the seller.
6.3. A customer who visits the website and has accepted these TC’s may review all of its contents and publish links to the home page.
6.4. Third parties can place links to this website on other websites, however, the link should refer to the full version of the website, and not directly to an internal page, image, file or other part of the website.
7.1. Copyrights on goods offered for sale on the website are property of authors and not the seller. The seller solely provides a platform via which online purchases are made on the website.
7.2. By purchasing goods, the customer receives the right to use it under license in his/her commercial and/or non-commercial activities.
7.3. By purchasing goods, the customer does not have the right to:
– to reassign, resell, share, transfer or in any way distribute it in their own or another name, even for free of charge.
– use it in any fashion different from the one specified in the license of the goods.
8. The author and respectively the customer is responsible for the confidentiality of the information contained in his/her account, as well as the username and password to access his/her account, and is fully responsible for all acts executed by his/her account.
9. The images, features or prices of goods listed on the website can be changed by the seller at any time and the customer is obliged to check the aforementioned immediately before making an order online.
10.1. The seller reserves the right to refuse or terminate service to an author or customer, who demonstrates ill behaviour or uses uncivilized and aggressive language.
10.2. The seller has the right, in his/her absolute discretion and without any obligation to inform, to restrict access of the author or customer to the website, including to temporarily block or permanently erase his/her account, or to refuse service.
11.1. The website may contain links to other websites which the seller does not administer and for which content the seller is not responsible.
11.2. Links to other websites are provided solely for the convenience of visitors of the website, and their visit or use does not constitute any obligation to the author or customer, nor a recommendation by the seller.
11.3. The author, respectively the customer agrees the visit or use of the aforementioned other websites is entirely at his/her own risk.
12.1. The seller is not responsible for any damage caused to the electronic device of the author or customer, including for viruses or other malicious programs which could infect or damage his/her electronic device due to access to the website or its use.
12.2. The seller does not bear any responsibility in any event for any damages (including, but not limited to, damages resulting from data loss, suffered damages, missed profits, etc.), which may result from the use or the inability to use the information provided on the website, even if the seller has previously been advised on the possibility of damages to arise.
12.3. The seller is not responsible for the costs of currency exchange related to the account of an author or customer of the website.
13.1. The seller does not guarantee the purchased goods will continue to be available on the website if the customer does not download and save the goods immediately after purchase.
13.2. The customer agrees that after the purchase of goods, he/she does not receive an exclusive license to use the product (i.e. other persons can use the same license for the same product), and the author retains rights to the goods.
14. The seller is entitled to be compensated for all losses, costs and other expenses borne in connection with or in relation to third party claims against him/her with regards to the use of the website and any content published there (including by author for his/her goods).
15. The seller is not responsible for any damages suffered by an author or the customer or by third parties which incurred as a result of force majeure conditions or such which are beyond the control of the seller.
16. In all cases where the seller is liable to the author or customer, this liability is limited to the value of ordered and/or purchased by the customer goods or respectively the owed to the author sums for goods sold on the website.
17. The seller is not liable in cases where customers or authors are not able to visit the website, regardless of reasons for this. The seller is not obliged to state the reasons for this and may restrict access to the website of all or particular individuals in his/her sole discretion. The seller may also change the way the website works without being held responsible for any losses customers or authors could suffer as a result.
ONLINE ORDERS IN THE WEBWEBSITE AND REMOTE CONTRACTING
18. Orders in the website can be made only by persons 18 years of age, who are not under guardianship.
19.1. The Customer may shop online and make orders by adding his/her selected goods in the shopping cart by clicking the button “ADD TO CART”
19.2. After pressing the “ADD TO CART” button, the types and quantity of goods selected by the customer are added.
19.3. To complete the order the customer must press the button “PROCEED TO CHECKOUT”
19.4. Next to the button “PROCEED TO CHECKOUT” is contained information about the main characteristics of the goods, and the final price of the goods including all taxes and fees.
19.5. In the last button on the website to be pressed by the customer to complete the order and send payment is contained an explicit confirmation that the order implies an obligation for payment by the customer (“order with obligation to pay” or other relevant unambiguous wording which makes clear that the pursuit of an order entails an obligation for payment by the customer).
19.6. By pressing the aforementioned button the order is considered completed and sent by the customer to the seller. By the completion and submission of the order the customer authorizes the seller to contact him in any way possible, when necessary, with regards to his/her order. In the event of contact over the phone, the customer authorizes the seller to record telephone conversations.
20.1. The remote contract of sale of goods with regards to an order completed and submitted by the customer to the seller is considered signed upon receipt of confirmation sent by the seller to the customer that the order is successfully accepted.
20.2. The customer is not liable for any costs regarding the use of remote communication means for the conclusion of the contract.
20.3. The customer may not cancel an already completed purchase of goods.
21.1. Before an order is completed and submitted, the customer must check the accuracy of all information submitted by him/her, as well as data and characteristics of the goods ordered.
21.2. If the event of providing incorrect data, the customer is obliged to correct the relevant data.
21.3. By completing and sending an order the customer confirms all data is correct.
22. In the event of incorrect data provided the seller notifies the customer, who is entitled to explicitly confirm the order with the correct parameters or to cancel it.
23.1. Upon completing and sending the order the customer is obliged to provide the seller with all necessary information for the creation of an invoice from the seller in accordance with the applicable law.
23.2. The seller shall issue an electronic invoice to the customer for any payment on an order and purchased goods.
24.1. The seller has the right, in his/her absolute discretion and without any obligation to inform the customer of the reasons for this and/or to indemnify him/her in any way in this regard, to not confirm a completed and submitted by the customer order and/or to cancel a confirmed by the seller order.
24.2. In the above case the seller is obliged to notify the customer and refund his/her payment for the purchase price of the goods ordered.
24.3. In the above cases the sole responsibility of the seller is to refund the customer with an amount comprising the purchase price of the goods ordered.
PRICES, COSTS AND PAYMENTS
25. All prices on the website are in USD, final and include 20% VAT.
26. The seller offers the following payment methods for online purchases in the website: PayPal.
27. All additional costs, regardless of their nature, relating to the purchase of goods from the website due to third parties (eg. bank charges, commissions or other payments made by the customer regarding the order) are at the expense of the customer.
DISCREPANCY IN PURCHASED GOODS
28. The customer is obliged to inspect the goods in a 3-day period after receipt, and if they do not meet the requirements, to immediately notify the seller. If the customer fails to do so, the goods shall be deemed approved and accepted without remarks.
PROCESSING OF PERSONAL DATA
29.1. The customer agrees the provided to the seller personal or other data, including information on the customer’s friends on social networks and the uploaded in the aforementioned graphical or textual materials, etc., can be used by the seller for any lawful purposes, without requiring the seller to seek the consent of the customer for handling them in every individual case.
29.2. With the provision of his/her data the customer gives his/her explicit consent to be contacted by the seller or third parties who are in partnership with the seller and/or are providers of marketing and/or other services.
29.3. The seller processes personal data of customers with the purpose of the individualization of their accounts, including for the purposes of online shopping, as well as marketing and advertising, tracking and monitoring of sales and customer behaviour on the website.
30.1. By submitting his/her data on the form for the creation of an account and/or for the completion and submission of an order, the customer agrees his/her personal data to be included in the seller’s database and gives his/her explicit consent this to be processed and used for the above purposes.
30.2. The customer has the right to change his/her personal data by making appropriate corrections in his/her account in the website or by sending an explicit e-mail to the seller.
30.3. The customer is entitled to receive information by email from the seller if and how his/her personal data is processed.
30.4. The customer has the right to object to the processing of personal data by sending an explicit e-mail to the seller.
31. The customer declares that he/she agrees that while using the website to accept and receive text files called “cookies” (cookies), from the seller or third parties, and such cookies are stored in the memory of the electronic device of the customer and can be deleted from the latter at any time.
32. The website uses “plug-ins” (plug-ins) of various social networks and other websites which may collect information about visitors to the website, which the customer agrees to.
33. The above rules for processing personal data relate respectively to and apply for authors.
RELATIONSHIP BETWEEN THE AUTHORS AND CUSTOMERS
34.1. Each author is responsible for and liable to pay compensation to the customer, if a third party claims that the use of goods by the customer in accordance to the terms of the license of the purchased goods violates the intellectual property or rights of third parties.
34.2. In all other cases, the responsibility of the author to the customer is limited to the amount the author has received for the goods, except in cases of deliberate fault by the author.
35. The agreement in these terms and conditions does not limit the rights of customers or authors under mandatory statutory provisions, but as long as relations between the seller, customers and authors are not subject to mandatory law texts, the content in these terms and conditions applies.
RELATIONSHIP BETWEEN THE SELLER AND AUTHORS
36.1. The author gives consent, in exchange of reward, for the seller to conduct in his/her name and on his/her behalf the sale of goods online, after which revenues from sale of goods is accounted for and payments are transferred to authors, reduced with the relevant remuneration (commission) for the seller.
36.2. All costs associated with the exchange of sums from Bulgarian levs into other currencies will be paid by the author.
37.1. The author warrants to the seller that:
– Every goods offered complies with the quality and the purpose for which it is sold;
– The goods corresponds to the description and the images relating to it;
– The author has the necessary rights to yield the relevant license to customers;
– The usage from customers of the goods in accordance with their license does not infringe the intellectual property rights and/or copyrights of third parties;
– The goods and its description does not violate existing laws (including laws relating to the protection of consumer rights, unfair competition, criminal law, pornography etc.);
– The goods does not contain viruses or any other computer code, files or programs designed to limit or destroy the functionality of computer software or hardware.
37.2. The author agrees third parties or partners of the seller can use images or descriptions of goods in other websites, which does not warrant a separate remuneration or any compensation.
38. The owner of the website reserves the right to remove and cease the sale of goods offered on the website, in his/her sole discretion.
39.1. In the event of contradiction between provisions of these TC’s with mandatory provisions of applicable law, the current legislation is applicable even if the specific provisions of the TC’s are not amended or withdrawn.
39.2. Nullity of a clause from the TC’s does not imply the nullity of another clause or these TC’s as a whole.
40. All legally binding communication between the seller, customer and author shall be conducted in written form, which is considered complied with by messages via email or via letter or via courier with acknowledgment of receipt.
41. Authors and customers shall not disclose in public or give to third parties information obtained in or in connection with the activities covered by these TC’s.
42.1. All disputes arising from these TC’s or relating to additional contracts or agreements with regards to them, including disputes arising from or relating to the interpretation, invalidity, breach or termination, shall be resolved by mutual agreement.
42.2. If no agreement is achieved, the dispute shall be resolved before the competent Bulgarian courts in Plovdiv and Bulgarian legislation shall be applicable.