GENERAL TERMS OF USE

FOR THE WEBSITE WWW.ELISARUGS.COM

The present Terms of use arrange the relations between “Elisa Art” EOOD, on the one side, referred to herein as Elisarugs.com, and the users of the internet website http://www.elisarugs.com/, on the other side.

Art. 1 Definitions
Upon implementation and interpretation of the present General terms of use, the following terms, when used, shall have the following meaning:

1.1 Website / internet website is a separate site in the worldwide web, which is accessible via its uniform address (URL) by use of HTTP, HTTPS or other standardized protocols and which contains files, programs, text, sound, pictures, depictions and other materials and resources.

1.2. http://www.elisarugs.com is a website serving as a virtual informational resource in the Internet, owned by “Elisa Art” EOOD and offering the user an option to make use of various services which are the subject of the present Terms of use.

1.3. "Elisa Art" EOOD has its headquarters in the city of Sofia, residential area "Druzhba", Block 212, Entrance A, Unified Company Code 111028009, which present the information, articles and services that are subject to these terms of use via the website administered by it - http://www.elisarugs.com. The e-mail address is as follows: info@elisarugs.com.

1.4 A "user" of the website can be deemed each person that uses the information, services and items on offer by the website www.elisarugs.com, including people who are registered on the website as members using their e-mail address and a password.

1.5. A password is a combination of letters, numbers and symbols chosen by the User which along with their e-mail address serves as a way of identification and provides access to the user profile and to the section of the website’s services which requires the user to identify themselves.

1.6. A user profile is a section of the website which includes information about the User, required in order to personalize some of the services on offer by Elisarugs.com. The user account is accessible after the e-mail address and the personal password is entered, which is how the user is registered at the website.

1.7 Malicious acts are viewed as actions or failures to take action, as well as all kinds of activities which contradict the Internet code of conduct or which inflict harm upon persons on the Internet or act as part of associated webs, as well as the following actions: forwarding unwanted mail (non-requested trade messages, spam, junk mail); flooding the server’s channels; accessing resources via other people’s user rights and/or passwords; misuse of the system’s flaws for personal benefits or obtaining information (hacking); carrying out any kind of action which can be qualified as industrial espionage; damaging or destruction of systems or information arrays (cracking); submission of "Trojan horses" or any kind of malicious software causing the installation of viruses and illegal remote access systems; disturbing the regular work of other users on the Internet and associated webs; as well as carrying out any and all kinds of activities which can be qualified as a crime or an administrative offence in accordance with the Bulgarian legislation or any other applicable legislation.

Art.2 Service on offer and subject of the contract.

2.1. Elisarugs.com offers published information and services to the User, such as: receipt of newsletters via the e-mail regarding the latest news from Elisarugs.com, including information on new services and articles available at the website, setting up and saving a user’s basket containing a user-determined range of articles and services, online shopping, etc.

2.2.The user must strictly follow the requirements as set out in the present Terms of use, regardless whether they are registered as users on the website with their personal password and e-mail address or not.

Art. 3 Consent to the general conditions.

In order to gain access to all services on offer at Elisarugs.com, the User must register by filling out an online registration form at the website.

3.1. By marking the cell "I accept the General terms of use for this website" which is situated at the bottom of the registration form for all new users, the User declares that they are aware of the terms of use and agree to adhere to them unconditionally.

3.2. By marking the cell "I accept the General terms of use for this website", which is situated at the bottom of the registration form for all new users, the User performs an online signature in the sense defined by the Law for the electronic document and electronic signatures, whereby their signature on the respective information storage at the server of Elisarugs.com automatically attains the properties of an electronic signature in the sense of the afore-mentioned law.

3.3. The registration on Elisarugs.com can not be completed unless the User expresses their consent to the General terms of use for the website.

3.4. The contract between Elisarugs.com and the user is seen as concluded at the moment the user has declared their intention and their data has been recorded on the server of www.elisarugs.com. The contract has an undetermined term of validity and remains valid until it is breached or cancelled by one of the parties to it.

3.5. Elisarugs.com retains the right to alter the Terms of use for the website, whereby it is obliged to duly inform the User regarding any changes and alterations.

Art. 4 User registration.

4.1. The User’s access to part of or all the information, services and items on the Website, as well as their option to make use of those is available after the user has registered.

4.2. The user registers by providing their full name, personal e-mail address, country of residence and a self-chosen password. The user must register on the website with their real name.

4.3. Elisarugs.com retains the right to remove user profiles if it determines that the User has submitted false information upon registration.

4.4. The user is obliged to protect their personal e-mail and their chosen password for access to the website from any kinds of violation that can be exercised by a third person. The user carries full responsibility for the protection of their own e-mail address and their password, as well as for all the activities which may be undertaken by them or by third persons using their e-mail address and password. The user is obliged to withhold their password from third persons and to inform Elisarugs.com immediately in case of an unauthorized access, as well as in case that there is a probability for such an access to the website to be potentially abused.

Art. 5 Intellectual property rights.

The entire content of the present website, including any and all kinds of text, graphical design, depictions, graphics, icons, photographs and software is owned by Elisarugs.com. Any other usage of the materials published on this website which has been performed without Elisarugs.com’s prior written approval represents a violation of these terms and is hence strictly forbidden.

Art. 6 Rights and obligations of the user.

6.1. The user has the right to an online access to all services on offer by Elisarugs.com, upon which they must adhere to the General terms of use for the website. In order to take advantage of all the services offered by the website, the User must enter their personal e-mail address and their password.

6.2. The user has the right to online access and correct or update their personal information which has been submitted upon their registration.

6.3. Each User has the right to register at the website only once. Any Users with multiple registrations will have their profiles deactivated.

6.4. The user has the right to cancel their use of the services on offer at Elisarugs.com at any given time.

6.5. The user has the right to share links to this website’s contents without the prior consent of Elisarugs.com.

6.6. Upon using the services available at Elisarugs.com, the user must avoid loading, storing on Elisarugs.com's server, sending in any form or way or sharing with third persons of any kind of information, data, text, sounds, files, software, music, photographs, graphics, video or audio materials or any other kind of materials, such as:

  • materials which contradict Bulgarian legislation or applicable foreign laws, the present Terms of use, the Internet code of conduct or good common sense;
  • materials posing a risk for the life and the sanctity of the individual;
  • materials which propagate discrimination based on sex, race, education, age or religion; as well as materials preaching fascist, racist or any other non-democratic ideology;
  • pornographic materials or any other kinds of materials which pose a threat to the normal psychic development of underage children or could generally harm the moral standards;
  • materials containing child pornography, sexual violence, as well as any kinds of hyperlinks to sites containing such materials;
  • materials with a content that is in breach of an individual’s rights and freedoms in accordance with the Constitution and the laws of the Republic of Bulgaria or international enactments which the Republic of Bulgaria is party to;
  • materials which represent trade, official or private secret or any other kind of confidential information;
  • materials which are subject to ownership rights, unless such rights are fully owned by the User or have been given to them by their respective owner;
  • materials that can cause material or non-material harm to a third person’s rights or their legal interests, including ownership rights, intellectual property rights, etc.;
  • offensive materials or materials aiming to invoke a forced change of the order established by the Constitution or invoking criminal acts and resorting to violence against any person or materials that aim to create hostility on the grounds of race, nationality, ethnicity or religion;
  • materials containing information on other users’ passwords and rights to access without the prior consent of their owner, as well as any kind of software offering access to such passwords and/or rights.

6.7. Upon making use of the services on offer at Elisarugs.com, the User is obliged:

  • to adhere to Bulgarian legislation, as well as to applicable foreign laws, the present General terms of use, the Internet code of conduct, moral rules and guidelines;
  • to avoid carrying out any malicious acts in the sense of Art. 1.7;
  • to inform Elisarugs.com immediately in case a breach of the present Terms is observed or stated when using the services on offer at the website;

Art. 7 Rights and obligations of Elisarugs.com.

7.1. Elisarugs.com is obliged to take care of its property in order to present the User with an opportunity to make use of the services which are a subject to the present General terms of use.

7.2. Elisarugs.com is not obliged, nor has the effective capabilities of controlling the ways in which the User makes use of the services on the website.

7.3. Upon accepting the present General terms of use, the User declares that they would use the service on offer at their own risk and responsibility.

7.4. Elisarugs.com cannot be held responsible for any harms which are caused to the User during the use of the services on offer, unless those have been caused deliberately by Elisarugs.com.

Art. 8 Responsibility in case of technical flaws.

Elisarugs.com cannot be held responsible in case the services cannot be offered owing to circumstances beyond its control – such as in case of force majeure, accidental events, problems with the worldwide web and with the services of the website which are beyond Elisarugs.com’s control.

8.1. Elisarugs.com bears no responsibility for any disturbances or technical problems which may render the usage of services impossible, arising from the user’s own technical equipment.

8.2. By expressing their consent to the present Terms of use, the User declares that they are aware of the possibilities that their Internet connection to http://www.elisarugs.com could be interrupted, cancelled or impeded in another way which could arise despite Elisarugs.com’s maintenance of the website. The user declares that they would not claim damages for any opportunity costs, damages or inconveniences which may have arisen from the afore-mentioned interruptions or impediments to the Internet connections, including the capacity of the connection.

8.3. Elisarugs.com cannot be held responsible for the reliability of the service it offers, its quality or constant supply, or for the loss of information, system failures or any other problems related to the service.

Art. 9 Return of items purchased from Elisarugs.com.

9.1. The buyer can return the item in case it has flaws or is obviously not corresponding to the design which has been ordered and that could not have been determined upon receiving the item. Complaints in case of flaws and/or discrepancies should be made within 3 (three) business days after the item has been received.

9.2. The buyer can decline their purchase within 7 (seven) days from the day after the item has been delivered without owing any compensation. In that case the item has to be returned in its original package and unharmed. The delivery and shipping costs for the shipment back to Elisarugs.com are carried by the buyer.

9.3. Elisarugs.com refunds the amount for the returned items in accordance with Art. 9.2. of the Website’s general terms of use within 30 days.

9.4. The buyer does not have the right to decline the purchase in accordance with Art. 9.2. of the Website’s general terms of use and Elisarugs.com does not refund the amount for the items purchased in case they have been crafted according to the buyer’s requirements or by their individual order.

Art. 10 Personal data.

10.1. By declaring their wish to be registered (after completing the online registration form) the User is deemed to have expressed their consent for the handling of all personal information presented.

10.2. Elisarugs.com requires a minimum of personal data in its registration form. In case that information is not presented by the User, Elisarugs.com declines the registration.

10.3. Elisarugs.com bears no responsibility and owes no compensation to persons whose personal information has been used by other persons, regardless whether the original owners of the information have given their consent.

10.4. Every user has the right to access, alter and update their personal information in a way that corresponds to the provisions of the Law for the protection of personal data.

10.5. Elisarugs.com takes all necessary precautions when collecting, handling and storing the users’ personal data under strict compliance with the provisions of the Law for the protection of personal data. Elisarugs.com is an administrator of personal data in the sense of the afore-mentioned law. Elisarugs.com may only use the information regarding the users’ personal data for the aims which have been prescribed by the law and the Terms of use. The personal data which is presented to the website is handled and stored in digital and paper format. The programs and computer configurations where they have been installed are protected with all necessary means and equipments.

10.6. The personal data which is presented to the website can be handled for the following ends (with the following purpose):

  • offering the service to the consumer;
  • statistical purposes in relation to the website’s functioning.

10.7. Elisarugs.com is obliged to avoid altering or sharing personal information of the website’s users and presenting the information it has gathered to third persons, except in the following instances: (a) the User has given their express consent; (b) the personal information is presented to employees or executors working for Elisarugs.com in relation to activities facilitating or administering the service; (c) the information is requested in compliance with the provisions of the law by the respective authorized public authorities; (d) Elisarugs.com must present personal data in the instances which are provided by the law.

Art. 11 Other terms

The written statements and messages which are stipulated in the contract and in the present Terms of use are deemed as valid if they have been carried out as a fax message, via electronic mail, by pushing a virtual button in the Internet website of Elisarugs.com or through other similar means which make the statement technically recordable in a way that it can be reproduced.

11.1. The parties do hereby declare that in case a clause in the present Terms of use becomes invalid, that would not render the entire contract, sections of it or clauses in it invalid. The clause which has become invalid will be substituted by the provisions of the law or the existing practices.

11.2. The legislation in force in the Republic of Bulgaria shall be applied to all questions which have not been settled by the present contract.

11.3. All arguments between the parties to this contract shall be solved in the spirit of agreement and good will and in accordance with the procedure described above. In case that no accord can be reached, all unsettled arguments between the parties arising from the contract or sections of it shall be solved in accordance with the legislation in force in the Republic of Bulgaria.




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