TERMS & CONDITIONS
between SOLUTION FINDER and REGISTERED USERS
LAST VERSION: October 25th, 2018
Welcome to www.ourkidsimagine.com, a web-based platform where we present kids’ imagination through kids’ drawings and inventions. Please read carefully these Terms & Conditions. They give important information regarding the terms under which you could access our platform, use its functionalities, share content, or shop our online store, as well as how we offer you goods and services. Additional terms might be applicable to some functionalities and you could find the relevant reference herein.
By accessing, viewing or using this Website you accept and agree with the present Terms & Conditions. If you do not agree with all or part of them, please do not access this Website.
1. www.ourkidsimagine.com (Website) is an Internet site, owned by Solution Finder Ltd. (Solution Finder). It provides to parents the opportunity to upload, organize and store in digital form their kid’s art (Art), as well as to publicly offer and sell products and services, representing or incorporating Art or parts thereof (Products). The present Terms & Conditions (Terms & Conditions) set the agreement between Solution Finder and you, as a user who would like to browse the public content of the Website, to offer Art for public access, in respect of which Art you are a copyright holder or representative of a copyright holder, or to purchase Products from the Online Store.
2. The Commercial Realization of Art, as well as the purchase and delivery of Products, is available to you, if you are an individual aged 18 or over, you undertake registration at the Website and accept the present Terms & Conditions. If you are younger than 18, you are not entitled to register at or use the Website. In case you do not want to register at the Website or you do not agree with these Terms & Conditions, or with other terms and conditions applicable to the intended purpose of the Website, you may view without charges or limitations the Website content, which is available without registration, or you may discontinue use of the Website.
3. Solution Finder reserves the right to amend these Terms & Conditions at any time. The most recent version will be made available on the Website once the changes become effective. If you, as a user, do not agree with any of the changes, you should stop using the Website without any delay or initiate a deregistration process. If you keep using the Website through upload of data or images or purchase Products after the date of the Terms & Conditions amendment, it implies that you have agreed with the amendment.
The following definitions shall have the meaning in the Terms & Conditions as set forth below:
ART is a material object of the visual arts (painting, decorative or applied art, sculpture, photography), which is a result of Author’s creativity.
ART COMMERCIAL REALIZATION or COMMERCIAL REALIZATION embeds Solution Finder Art selection for new product production, Art editing by Solution Finder aiming at Product development, research and development, production preparation, marketing and sales. It starts with the Art Commercial Realization Notification sent by Solution Finder to the User.
ART SHARING FORM is a form filled in by a Registered User in case she/he is willing to upload to the Website a photo or scanned image of Art. Upon review of the image and form by an administrator, the data that is intended for public access is made available to Users and Website Visitors.
AUTHOR of kid’s art is a kid at the age between 3 and 14, whose creativity has resulted in visual art. She/He could also be an individual over the age of 18, who has kept her/his visual art, created at the age between 3 and 14 years.
ONLINE STORE is an e-commerce platform accessible on Internet at https://www.ourkidsimagine.com/shop/, where the Registered Users – individuals – can enter into agreements for purchase and delivery of Products from the Online Store.
PASSWORD is a unique combination of letters, numbers and symbols chosen by the User, which in combination with the User’s email address is used for authentication upon access to the Registered User Profile. The Password is not publicly available on the Website and the Registered User is entirely responsible for its proper storage and non-disclosure to other persons.
PRODUCT or DERIVATIVE PRODUCT is a product or service, which represents or incorporates Art or segments thereof. It is offered for sale by the Online Store and can be purchased by a Registered User through the Online Store functionalities.
PROFILE or USER PROFILE is a private area of the Website, which is created upon User’s successful registration and facilitates the management of the User’s personal data. Only the User and the Website administrator have access to this area.
REPRESENTATIVE OF THE AUTHOR or REPRESENTATIVE is the legal representative, parent or legal guardian of age above 18 of an Author under the age of 18.
REGISTERED USER or USER is any legally capable individual of age above 18, who has successfully completed the registration process through the Website and has created a unique User Name and Password. She/He is granted access to her/his Profile and can use the Website functionalities, which require registration, including but not limited to the following:
- Access to the information resources and functionalities, available online on the Website;
- Update of the User Profile by supplement or change of data;
- Data and visual content upload;
- Online Store products purchase;
SALES and PURCHASE AGREEMENT or AGREEMENT is the distant contract entered into by and between the Registered User and Solution Finder for the purchase of Products through the Online Store in accordance with the present Terms & Conditions.
SUPPLIER or WE or SOLUTION FINDER means Solution Finder Ltd., with whom the Registered User, through the Website, enters into a sale and purchase agreement for Products offered on the Online Store.
USER NAME is a unique combination of letters and/or numbers, chosen by the User, needed for her/his individualization, while using the Website functionalities available to Registered Users only. This is the visible and public name of the User, once the User has signed into her/his profile.
VISITOR is any individual who is not a Registered User and without going through the authentication process, or without registration at the Website, is opening the Website content on her/his computer through a web browser and her/his own Internet connection.
WEBSITE is an Internet site, available under the domain name ourkidsimagine.com, owned by Solution Finder. It is intended to provide to Authors, aged above 18, or to Representatives of Authors the possibility to publicly share Art. The Website is also a place for public offering and sale of Products. Solution Finder has the unlimited right to change the Website content, as well as the way it could be accessed.
Supplier: Solution Finder Ltd.
Corporate Registered Address: 80, Alexander Malinov Blvd., Entrance 1, Atelie 14, Sofia 1799, Bulgaria
Correspondence, complaints and claims: 80, Alexander Malinov Blvd., Entrance 1, Atelie 14, Sofia 1799, Bulgaria
Public Registrations: The supplier is registered with the Trade Register of Bulgaria under UIC 204802195
VAT Registration: BG204802195
Commission for Personal Data Protection
Address: 2, Prof. Tzvetan Lazarov Blvd., Sofia 1592, Bulgaria; phone: +359 (02) 91-53-518; fax: +359 (02) 91-53-525
Email: firstname.lastname@example.org; website: www.cpdp.bg
Consumer Protection Commission
Address: 4A, Slaveykov Sq., Floor 3, 4 and 6, Sofia 1000, Bulgaria; hot line: 0700 111 22, website: www.kzp.bg
Platform for Online Consumer Dispute Resolution:
4. The Website is public and its content, as defined by Solution Finder, can be freely accessed without a registration by anyone with Internet connection. The Website Registration is voluntary and free. Registration is required only when you would like to:
- Upload and publicly share Art on the Website;
- Enter into an agreement with the Supplier regarding Commercial Realization;
- Product/s purchase from the Online Store.
5. To register with the Website, you are required to fill in the registration form and provide the following personal data:
- User Name;
- Name and Family Name, pursuant to ID document;
- Country of residence;
6. The registration requires Password activation. You, as a User, are entirely responsible for keeping your password secret and for any action that might involve its use. You, as Registered User, agree to keep your User Name and Password confidential, not to disclose them to anyone, whom you cannot be held responsible for, as well as to immediately notify Solution Finder for any misuse of your Password or other Website security breach you have witnessed. Solution Finder is not taking any responsibility for damages or lost profits resulting from the lack of due care on your part in respect of the Website security.
7. After filling in the data in the registration form you must give your consent for the creation of your Profile by pressing the Create New User button. The Website registration is deemed successfully completed after you receive on your email an automatically generated message sent from email@example.com confirming Profile registration. To activate your profile you, as Registered User, have to click on the registration validation link.
8. When you decide to make a registration on the Website, you warrant and declare that the information you provide is correct, complete, true and accurate. You must update your Profile within 7 days of any change in the information provided for purposes of the Profile registration.
9. We have the right to refuse registration in case you do not provide the personal data, as indicated in the registration form.
10. You, as a User, acknowledge that sharing your User Name, email, Password or other personal data required for use of the Website functionalities with other people, or not taking due care to keep it secret, might lead to unauthorized use of your User Profile. We shall not be responsible if a Registered User’s User Name, Password or email are used by other people.
11. We do not verify and shall not be held responsible if your User Name is not matching with your real name, or it infringes intellectual property rights of third parties, this including rights over name, company name, trade mark or likewise.
12. Solution Finder reserves the right to unilaterally and without notice cancel your registration as a Registered User if you violate the laws or these Terms & Conditions.
A. Agreement conclusion
13. You, as Representative or Author, aged 18 or above, after you register on the Website, through the Art Upload Form you can upload unlimited number of images of Art. You shall proceed to Art upload only if you are willing to share publicly the Art and if you agree to grant to Solution Finder the license for exclusive use of the Art. The Website is a commercial venture, i.e. it is not an area only for visual art storage, nor is meant to only provide a platform for public art sharing. Therefore, you shall read the present Terms & Conditions before you start using the Website and consider the implications of Website registration and Art upload.
14. You, as Representative or Author, aged 18 or above, shall provide to Solution Finder a consent for Commercial Realization of Art by logging in with your User Name and Password, inputting once the Author personal data under My Kids’ section of your Profile and filling in the Art Upload Form. The Consent is provided for every single image of uploaded Art.
15. When you upload Art to the Website, you will be asked to fill in the following Art related information in the Art Upload Form:
- Art name, given by the Author on her/his native language;
- Native language of the Author;
- Art name in English;
- Author’s first name;
- Author’s age at the time of Art creation.
Then you press the Browse button and choose the Art image file. You also have to tick for confirmation of the information provided and to press Send. The Art will be publicly available only with its Art name in English, Author’s first name, Author’s age, at the time the Art was made, and Author’s country. All other data provided by you, as Representative or Author, aged 18 or over, is collected only for purposes of copyright verification and fraud prevention.
16. In addition, you, as Representative or Author, aged 18 or over, declare that:
16.1. The content provided is the exact visualization of an original Art in material form, created by the Author identified with the personal data provided in your User Profile, over which Art you hold unlimited intellectual property rights;
16.2. No rights in relation with this Art have been transferred to any third party, nor there is any pending dispute on the Art copyright;
16.3. You have all legal rights to reproduce and distribute the Art, as well as to establish and/or transfer rights over it to third parties, including but not limited to intellectual property rights;
16.4. Art content does not infringe applicable laws or third parties’ rights;
16.5. The Art and your Agreement with Solution Finder allowing Commercial Realization of the Art does not breach any copyrights, trademarks, commercial secrets or any other intellectual property rights of any third party;
16.6. The Art and your Agreement with Solution Finder allowing Commercial Realization of the Art is not in breach of personal data protection laws, does not confront with yours or the Author’s right to privacy, nor it damages yours or the Author’s good name and dignity;
16.7. The Art content is not illegal, harmful, threatening, offensive, abusive, vulgar, malignant, improper, stimulating violence, hate or intolerance based on race or ethnicity, nor it is otherwise inappropriate for public disclosure or distribution due to breach of the generally accepted standards for public behavior;
16.8. You have voluntarily initiated your relationship with Solution Finder aiming Art Commercial Realization and entering into a binding agreement therewith assumed rights and obligations as per the present Terms & Conditions.
17. We shall not be responsible for any damages or lost profits incurred by you, as Representative of the Author, by the Author or by any third party as a result of your registration with the Website, the content you have provided to the Website and/or the transfer of rights you have given over that content.
18. Any piece of Art is uploaded as a visual image of the original piece of Art with the following technical parameters:
- File format: .jpg or .jpeg
- Image resolution: min. 300 dpi
- Not blurry
- Scanning/shooting has been made with perfect lighting
If the technical parameters presented above are not met, Solution Finder is entitled to reject the uploaded image, which shall then be automatically or manually deleted.
B. Copyrights on the uploaded Art
19. Upon acceptance of the present Terms & Conditions and Art Sharing Form, and the upload of Art through the Website functionalities, you, as Representative or Author, aged 18 or over, are entering into an Agreement with Solution Finder, whereby you transfer unconditionally and without limitation the exclusive rights (license) for the use and utilization of the Art, as follows:
19.1. To store the image of the Art for unlimited time, and publish it on the Website allowing in its own discretion unlimited or limited access to it, or distribute it to third parties in any other way, using in all cases digital solutions and/or technical tools to prevent or limit further coping, saving on other device or redistribution of the image for commercial use;
19.2. To use the image of the Art or parts thereof in any form in its own discretion, including, but not limited to the following:
19.2.1. To offer and sell image of the Art through the Online Store or direct contracting with third parties under terms and at prices, which We consider appropriate;
19.2.2. To reproduce the Art or parts thereof in handmade or industrial manufacturing of goods (art textile, glass or ceramic, furniture, carpets, wallpaper, posters, promotional merchandise, office supplies, etc.) and sell them through the Online Store or direct contracting with third parties;
19.2.3. To extract, reproduce, edit, add, distribute, multiply and incorporate in any possible way and by any possible means ideas, concepts, elements, forms, etc., which are part of the Art, in order to create a Derivative Product and makes Commercial Realization thereof;
19.2.4. To grant sublicenses to third parties for the above-mentioned rights;
19.2.5. To use for free the image of the Art in the process of advertising and promotion of its business, including, but not limited to the Website operations.
20. You, as Representative or Author, aged 18 or over, hereby agree and unconditionally accept that the finished Product, created by Solution Finder based on the Art, incorporates as well intellectual property rights of Solution Finder, deriving from, without this list being comprehensive, digital editing of the Art’s image, Product design, new Product research and development, organization and realization of Product production, marketing and Product sale. Apart from that, when We undertake a Commercial Realization of a Product, in addition to the intellectual property rights, We engage with and manage processes and tangible and intangible assets, which value is included in the Commercial Realization as business activity cost.
21. The license for use and utilization of the Art is granted to Solution Finder without any geographical limitation, i.e. it is valid worldwide and for the maximum term allowed by the applicable law. As of the date of the present Terms & Conditions this term is 10 years.
22. You, as Representative or Author, aged 18 or over, are entitled to receive royalties based on the proceeds generated through the Commercial Realization of the Art you have uploaded on the Website. The royalties are defined and paid as follows:
- Share: 0.5% of the Net Revenue in BGN, generated from any Product based on your Art;
- Payment schedule: once per year, on the condition that the amount accrued during the period is equal to or exceeding EUR 50.
- Way of payment:
- Standard bank transfer to a bank account in your name, as Representative or Author, aged 18 or over;
- PayPal – to your personal profile, as Representative or Author, aged 18 or over;
- bank transaction fees on any transfers equal to or exceeding EUR 50 are shared between Solution Finder and you, as Representative or Author, aged 18 or over;
- Accrued royalties, which have not been paid on schedule due to their size shall be paid after the amount reaches EUR 50.
- If you, as Representative or Author, aged 18 or above, are willing to receive payment of royalties on schedule although the accrued amount is less than EUR 50, then you should explicitly request in writing such payment via a. standard bank transfer, provided that the bank transaction fees will be at your expense; b. PayPal; or c. Cash in the office of Solution Finder.
- The royalties are accrued in BGN and all associated foreign exchange rate differences or fees shall be at your expense.
22.1. The Net Revenue shall equal the Gross Revenue minus the accrued VAT.
22.2. The royalties are gross of any personal income tax due, i.e. you, as Representative or Author, aged 18 and above, shall be liable to declare the royalties income received and to pay any taxes due in your country of residence.
22.3. We will notify you, as Representative or Author, aged 18 and above, before undertaking any Commercial Realization of uploaded Art. Starting from the date of the notification sent by email, We will apply Open Books policy in respect of you and you will have the right to receive once per quarter a report on the sales of Products, related to your Art. You will only need to request your report in writing.
22.4. For the timely and accurate payment of royalties it will be your obligation to fill in and keep up to date your bank details or PayPal data in the non-public section of your Profile. By filling in the personal data, you provide your explicit consent that the data be used exclusively for payment of royalties in accordance with the present Terms & Conditions.
23. Solution Finder shall not be held liable for any breach of copyright or other intellectual property rights by Website Users.
24. For verification purposes, We shall be entitled at any time to require from you, as Representative or Author, aged 18 or over, to provide the original piece of Art, as well as to confirm in any other appropriate way your copyright.
25. If there is any doubt regarding the copyright on the Art, there are claims of third parties, or there is doubt regarding the accuracy of the information provided and the declarations made by you, We shall have the right to cease any Commercial Realization of the Art and royalty payments to you. In such a case, in order to verify the party’s rights and prevent or limit fraud, misuse, law violation or damages, you agree that We can disclose to any interested party, who proves her/his claim, or to the authorities, the information you have provided in the process of your Website registration.
26. Any party who believes in good faith that her/his copyright have been breached with content published on the Website, may contact Solution Finder to present her/his claim and provide the following information:
- Identification of the copyright holder, whose rights have been infringed (names, email, phone);
- Description of the infringement;
- Description of the content, which violates a third-party copyright, presented in such a way as to allow identification and inspection of that content;
- Evidences in confirmation of the copyright infringement allegations.
27. You, as Representative or Author, aged 18 or over, understand and agree that you use the Website for Commercial Realization of Art entirely at your own risk. We do not provide any guarantee or make commitments, explicit or implied, that your Art will be chosen for a Commercial Realization, or that such Commercial Realization will generate particular revenue. Any advice or information provided on the Website cannot be considered or deemed as a guarantee in that respect.
C. Contract Termination
28. The Contract between you, as User, and Solution Finder shall be terminated as follows:
28.1. Upon dissolution of Solution Finder business or termination of Website maintenance;
28.2. Upon your deregistration from the Website;
28.3. In other cases, provided for by the Law.
29. If a Registered User, undertakes deregistration from the Website, then her/his contractual relationship with Solution Finder will be deemed terminated from the deregistration date onwards. The deregistration will affect any and all existing licenses over the Art, as follows:
29.1. If the Art is not promoted for Commercial Realization, then the licenses granted to Solution Finder shall be deemed terminated on the deregistration date;
29.2. If the Art is promoted for Commercial Realization, then the licenses granted to Solution Finder for use of the Art will remain in full force and effect and will apply by and between the parties as originally agreed.
The Art is promoted for Commercial Realization if Art Commercial Realization Notification was delivered prior to the deregistration date in compliance with Art. 22.3. of the present Terms & Conditions.
A. General Terms
30. The Online Store gives you the opportunity as Website User or Visitor to:
30.1. Review Products, included in its catalog, as well as access other content and Website functionalities, which in the discretion of the Supplier are accessible for free, without the need of Registration or personal data collection.
30.2. Get access to the Website content and functionalities, which in the discretion of the Supplier are available to Registered Users only, i.e. require Registration and personal data collection for User identification purposes, this including:
30.2.1. to enter into Sales Agreements and get delivery of Products offered in the Online Store, as well as to make electronic notifications in connection therewith;
30.2.2. to make payments for Products purchased from the Online Store, according to the available payment options;
30.2.3. to enforce your legal user rights ensuing from the relationship with the Online Store.
31. You, as Online Store User, and the Supplier agree that all notifications related to the entering into and performing under the Agreement can be made in electronic form and through electronic notifications as per the Electronic Document and Electronic Signature Act and the E-commerce Act. Until proved otherwise, it will be assumed that any electronic notification made after logging in with your User Name and Password, has been made by you as a Registered User identified through your Profile on the Website.
B. Sale and Purchase Agreement from Distance. Technical steps and legal implications.
32. You, as Registered User, enter into a Sale and Purchase Agreement with the Supplier, while using the Website interface and following the Online Store instructions.
33. The Agreement shall be made in the language of your choice, as per the available options on the Website. In case no language is selected from the menu, the language of the Agreement shall be Bulgarian.
34. The present Terms & Conditions form an integral part of the Sales and Purchase Agreement. Upon registration, and before accepting the Terms & Conditions, you have the possibility to download them in .pdf and to save them on your device by pressing Download Terms & Conditions button. Notwithstanding any alterations in the Terms & Conditions over time, when you place and order in the Online Store, the Terms & Conditions effective as at the date of the order shall be applicable.
35. The Online Store has an exhaustive list of all Products, available to the User for purchase. Each Product is specified by price, general characteristics and additional information in order to support you in making an informed choice for your purchase. You cannot place an order or enter into a Sales and Purchase Agreement for a Product, which is marked as Unavailable or Out of Stock.
36. On each Product page there is an Order button. By pressing this button, you move the Product to your shopping bag. The content of the shopping bag is kept until you make your choice to purchase the Products, but not for more than 1 hour. By pressing Cart button (at the top right corner) you may review its content, add new Products, change Products’ quantity or remove those that you are no longer willing to buy.
37. All Product prices in the Online Store are inclusive of VAT and any other applicable taxes as per the Law. Product delivery cost, if charged to you, will be added to the final Product price after you chose a delivery option and press the Calculate Delivery Cost button. You will be able to review the total price before order placement by pressing the Update Totals button.
38. If you want to make the next step for Products purchase, you have to press Proceed to Checkout button at the bottom of the page. After doing so, you will see data fields related to Order payment, which you have to fill in. You will also have the opportunity to review your order, select the way of payment and delivery address. All fields marked with * are required and if you leave them blank or fill in incorrect data, then the order placement will not be possible. After all required data are filled in, including confirmation of your agreement with the Terms & Conditions, and in case you are still willing to buy the Products, you have to press Place Order button at the bottom right corner of the page.
39. After pressing Place Order button, the content of the already accepted order will be displayed, including order number, order date, User email, order total amount, method of payment, selected Products, quantity of Products, final Products price, delivery terms, payment address and delivery address.
40. After you place an order, you will receive by email an order confirmation at the email address you have provided. In this confirmation message the following information will be included: order number, order date, order content, payment and delivery terms.
41. The Supplier has the right to cancel an order in case the personal data provided is incomplete, inaccurate, untrue or misleading. Such orders will be classified as Denied and you will be notified about their status by email. If the order has already been paid, then the amount will be returned to you within 5 working days.
42. Product Delivery is only made on the basis of a placed order, which is confirmed by email to you and is not denied as per p.41 hereinabove. The Products are delivered to the delivery address you have provided, and the delivery is made by the Supplier or by a licensed third party contracted by the Supplier. The Supplier cannot be held liable in case you have submitted untrue, inaccurate, incomplete, or misleading delivery address.
43. The payment for the ordered Products can be made in one of four different methods. Regardless of the selected method of payment, the due amount is one and the same and no additional fees are applied:
- Cash on Delivery – the amount is paid in cash to the courier at the time of delivery. This option is only available for delivery to address in Bulgaria;
- PayPal – through your profile with PayPal, or, if you do not have one, with a credit / debit card through the secure online payment system of PayPal.
44. In case the Supplier cannot fulfill the Agreement since the Product is out of stock and therefore cannot be delivered, the Supplier is obliged to send a notification to you and return the amount paid within 14 days of the due delivery date.
C. Agreement Withdrawal. Complaints.
45. Within 14 calendar days following Product delivery, you have the right to withdraw from the Agreement without a specific reason, without penalty or fine and without paying any costs to the Supplier, except for the costs as per Art. 54, p.3 and Art. 55 of the Consumer Protection Act. When the order contains more than one Product, delivered separately, the withdrawal term commences on the date of the delivery of the last Product from your order.
46. You have no right to withdraw from the Agreement if:
- the Products have been produced according to your custom specification or individual requirements;
- the Products might deteriorate their quality due to their nature or have short expiry date;
- the Products have been delivered in sealed packaging, but have been opened and thus cannot be returned due to healthy or hygienic reasons;
- you acquired digital content, which is not delivered on any hardware;
- in other cases, provided for in Art. 57 of the Consumer Protection Act.
47. In order to exercise your right to withdraw from the Agreement, you may:
47.1. inform the Supplier for your decision with a clear statement sent by email to firstname.lastname@example.org. You have to specify in your statement your full name, address, phone number and email, as well as the order number, which you are withdrawing from. The Supplier reserves the right to ask for additional information in order to identify you as the User who made the order, to verify your Agreement withdrawal right, as well as to validate your Profile or the order data.
47.2. refuse to receive the Product at the time it is delivered to you by the courier.
48. When an Agreement withdrawal notification is received within the due term, the Supplier will immediately send an email to the address provided by you in your Profile and will thus confirm the withdrawal notification receipt.
49. In case of Agreement withdrawal, the Supplier will return all payments made by you for this particular order, including delivery costs (except for the extra costs, associated with chosen delivery options different from the least expensive standard delivery offered by the Supplier), without unnecessary delay and not later than 14 days after the withdrawal notification receipt. The amount will be paid back in the same way it has been paid to the Supplier, unless you specifically agree to another payment method.
50. In case of Agreement withdrawal, you will be obliged to return all the Products to the Supplier’s address, without damages, with intact commercial appearance, in the original packaging and label. The Products must be in their original form, packaging and quality, not being processed or tested in a way that may make them look older, worn, changed or damaged. The Supplier has the right to delay the repayment to you until the Products are returned. If the Products purchased are not returned within the term as per Art.45, the Agreement withdrawal shall not take effect. The direct cost for return of the Products to the Supplier shall be at your expense.
51. Within 30-days of Product receipt, you, as User, have the right to make a complaint, if the Supplier has not performed in compliance with the Agreement. The non-compliance can be related to:
51.1. Delivery of Product, different from the one that has been ordered;
51.2. Delivery of damaged Product or Product with missing parts;
51.3. Delivery of Product with different characteristics from the ones of the Product ordered;
51.4. Other non-compliance related to the Product specifics.
52. Complaint may be sent to the Supplier by email to email@example.com. In order to review and process the complaint, the Supplier reserves the right to require from you, as a User, to return the Product for inspection and assessment. In the event of a valid recognized complaint, resulting in reimbursement of the total amount paid, you have to return the Product to the Supplier’s address within 14-days of the receipt of the Supplier’s confirmation. The Supplier will make the reimbursement upon return of the Product ordered.
53. The Supplier is a personal data administrator acting in compliance with the Personal Data Protection Act. As such, the Supplier has the right to collect, process and use specific User personal data for the operation of the Online Store. At the same time, it is the Supplier’s obligation to keep all personal data confidential, not to use them for any other purpose, nor to provide them to third parties, unless required by law.
54. At any moment the Supplier has the right to ask you, as User, to identify yourself and to confirm any of the information and personal data provided during the Registration process.
55. When you use the Website, the Supplier has the right to automatically store specific information, which your computer or other User device sends in regards with your activity. The information is stored in log-files on a server and includes IP address, date and time of Website access. This data is not personal data as per GDPR. In addition, the Supplier may store any other information, necessary for User identification and reproduction of User’s digital consent with the Terms & Conditions, in case of legal dispute.
56. If for any reason you, as User, have forgotten or lost your User Name and Password, you may request password reset through the Website automatic system for lost passwords by pressing Lost Password on the left side of the Login button.
57. User deregistration from the Website does not automatically lead to User content or User personal data deletion. Those may be stored for as long as the User or a third party is entitled to file a claim against the Supplier in respect of terminated relations but will not be used for any other purpose. At the expiry of this term, the information shall be automatically deleted.
59. The Website, as a software product and its parts, including, but not limited to the data, materials, text, pictures, images, and others, incorporated thereto, are protected under the Law on Copyright and Neighboring Rights and the legislation related to it, including the Law on the Trademarks and Geographical Names. Those rights are property of Solution Finder and/or its partners. They cannot be used in contradiction with the present Terms & Conditions or in breach of the applicable legislation.
60. You, as Website Visitor or User, cannot use, reproduce, store or distribute in any way or form and by no means the Website content, unless you have the explicit written consent of the Supplier.
61. Your access to or the use of the Website, as Visitor or User, does not lead to transfer of intellectual property rights on the Website or any part of it, or any of its content.
62. You only have the right to use the Website in accordance with the Solution Finder instructions. You neither have the right to remove, change or hide a trademark or other indication of Supplier’s intellectual property right, nor to make copies or modifications of the Website.
63. The Supplier:
63.1. Makes every effort for the information provided on the Website to be always accurate and up-to-date but cannot guarantee its completeness and credibility.
63.2. Is not liable in case the Website is neither accessible, nor if there is a case of not processed or not processed in due time orders, notifications or the lack of possibility of use of other functionalities due to any situation beyond its control – force major, occasional events, problems with Internet and likewise;
63.3. Does not guarantee that the Website will be always accessible, responsive, secure and free from bugs, if it is caused by reasons beyond its capabilities, control and will;
63.4. Is not responsible for damages to the software, hardware or the telecommunication devices, for data loss, caused by materials or resources, researched for, displayed or used in any possible way through Website interface;
63.5. Is not responsible for the materials and website content of other Internet pages, which could be accessed through links found on the Website, as well as for damages or lost profits resulting from the use, access/lack of access or the reliability thereof;
63.6. Is not liable if you, as a User, misuse somebody else’s personal identity, document or financial resources.
64. You, as a User, are responsible:
64.1. To Comply with the law, the present Terms & Conditions, the Internet ethics, as well as with the generally recognized ethical and moral principles;
64.2. Not to breach tangible and intangible property rights of other people, including intellectual property rights;
64.3. Not to identify yourself as another person, nor to provide or declare inaccurate or misleading information about yourself or the person you represent;
64.4. To inform immediately the Supplier for any detected violation in the use of the Website;
64.5. Not to interfere or try to interfere in the functioning of the computer software, which enables the work of the Website, this including not to circumvent the User identification procedure, not to use access beyond the one granted to you, not to prevent other Users from using the Website;
64.6. Not to extract, through technical methods, information resources or parts thereof stored at Website databases;
64.7. Not to represent yourself as another person or representative of a person whom you do not have the legal grounds to represent, nor to mislead in any other way about your identity or representative powers;
64.8. Not to undertake malicious actions, including, but not limited to: actions or lack of actions in breach of Internet ethics or damaging the interests of other people connected to Internet or other networks; sending spam or junk mail; flooding; access to resources through other people’s rights and passwords; hacking; actions that could be classified as industrial espionage or sabotage; cracking; sending Trojan horses or initiating viruses installation; distance access and control; damaging the normal functionality of other people using Internet and associated networks; any other actions that could be classified as crime or administrative offense as per the Bulgarian legislation or any other Law.
64.9. Not to undertake actions against or through the Website, which might lead to unauthorized collection, storage or use of personal data.
65. Detecting any breach under p.64 shall entitle the Supplier to immediately and without any notification block your Registration, stop your access to the Website, and, inform the authorities in case of any suspicion of illegal activity.
66. By using the Website, you, as User, understand and accept that the Website is an automated Internet platform, which aims at the Commercial Realization of the uploaded Art. Taking into account the automated process, the Supplier cannot review all the content uploaded by Users to the Website. Nevertheless, We reserve the right (but not the responsibility) based on our judgement to review and/or remove content, which has been made available through the Website, but has been considered as inappropriate for its goals, rules and policies. Through your Registration and the acceptance of the present Terms & Conditions you confirm that the Supplier may review any registration and any content in order to verify and guarantee that these Terms & Conditions are respected, as well as to remove content and/or stop your registration, in case of their breach.
67. You, as a User, will be responsible to compensate the Supplier for any and all damages and lost profits, including for compensations, penalties, legal expenses and other costs paid, deriving from third party claims or authorities’ sanctions in relation with the content provided by you on the Website, from your actions or lack of actions while using the Website, as well as from any other breach of these Terms & Conditions on your part.
68. The invalidity of any provision of the present Terms & Conditions, or part thereof, shall not lead to invalidity of the entire agreement between the parties. The invalid provision will be replaced by the respective legal provision. The rest of the provisions will remain in full force and effect and will be applied by and between parties, as agreed.
69. The effective Bulgarian laws will apply to any and all matters, which have not been settled by the present Terms & Conditions.
70. All dispute between the parties will be settled in good faith. If an agreement cannot be reached, the matter shall be referred for resolution to the competent Bulgarian courts.
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