General Terms and Conditions
for the contracts for website development, implementation and maintenance services
These general conditions govern the relationship between Webdesh Ltd., hereinafter referred to as “Merchant”, on the one hand, and the persons using the services provided by the Merchant, hereinafter referred to as “Clients”, on the other hand.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of a contract between the Клиента and the Merchant.
For cases not settled in the individual contract, the relevant provisions of the General Terms and Conditions apply. The General Terms and Conditions are an integral part of the individual contract between the Merchant and the Client and are binding for them, unless otherwise agreed in the individual contract.
For the purposes of these general conditions, the following concepts should be understood in the following sense:
A service contract is a contract, different than a sales contract, under which the merchant provides or undertakes to provide a service to the Client and the Client pays or undertakes to pay the price for it.
A Client is any individual or legal entity, including his capacity as a User, who acquires goods or uses services provided by the Merchant.
Personal data is all data that can be linked to a specific individual, including the data regarding the individualization of the individual (name, identification number, identity document, etc.), address, place of work, e-mail address, telephone number, as well as any other data relating to that individual’s behaviour, identity, ethnicity, nationality, self-determination, beliefs or personal life.
Failure to fulfill is any guilty act or inaction in violation of the clauses of these General Terms and Conditions, individual contracts or applicable Legal provisions.
Force majeure is a circumstance (event) of an extraordinary nature that occurred after the conclusion of the Contract, could not have been foreseen and did not depend on the will of the parties, such as: fire, production accidents, military actions, natural disasters – storms, heavy rains, floods, hail, earthquakes, icing, drought, landslides and other natural elements, embargoes, government bans, strikes, riots, etc., and which affects the performance of the obligations of any of the parties to the Contract.
General Terms and Conditions are the these General Terms and Conditions, which include the conditions applicable to the contract for the provision of services for website development, implementation and maintenance, concluded between the Merchant and the Client.
A user is any individual who acquires goods or uses services that are not intended to use for commercial or professional activity, and any individual who, as a party to a contract with the Merchant, acts outside the scope of his commercial or professional activity.
A service is any material or intellectual activity that is carried out independently, is intended for another person and does not have as its main subject the transfer of possession of an object.
Digital content is data that is produced and made available in digital form.
1. Webdesh Ltd. is a limited liability company, established in accordance with the legislation of the Republic of Bulgaria and registered in the Commercial Register at the Registration Agency with UIC 204986610, VAT ID BG204986610, with headquarters and management address in Sofia, zh.k. Banishora, block 27, entrance G, with address for correspondence: Sofia, Lozenets, Midzhur 13 Str., Ap. 8, P.C. 1164, email address [email protected], phone +359884077638.
Webdesh Ltd. provides services in:
a. creation and implementation of websites, with functionalities and characteristics, according to individually agreed parameters between the parties;
b subscription-based maintenance of websites;
c. consultation and assistance in connection with the implementation of the developed website in existing systems/configurations/modules used by and/or owned by the Client;
d making company logos;
Clients have the opportunity to obtain information about the services provided by the Merchant and to get in contact with them for the purposes of making a request and/or subsequently concluding a contract on the Website https://webdesh.com.
3. For the purposes of concluding a contract for services, the Client requests an offer from the Merchant by filling out an electronic form on the Merchant’s Website https://webdesh.com/, providing initial indicative information about the potential assignment or filling in free text the contact form on the Merchant’s Website.
5. For the purpose of contacting the Client regarding the request made by him, the Merchant collects minimally necessary personal data such as names and e-mail of the Client.
6. By sending a request for an offer or a submitted contact form, the Client, an individual, declares and guarantees that he is of legal age and that he uses his actual identity and data.
7. The Client agrees and declares that he will provide true and complete information when filling in the data necessary for the Merchant to make an offer and the subsequent conclusion of a contract.
8. By sending a request to the Merchant, the Client accepts these General Terms and Conditions and undertakes to comply with them with regard to the provisions regulating pre-contractual relations with the Merchant.
9. In the request, the Client specifies a day and time for a conversation or a remote meeting with the Merchant to specify the details of the potential assignment. By submitting the request, it is considered that the Client declares his explicit consent for the Merchant to contact him by e-mail, telephone or any other applicable method of communication.
10. The Merchant sends a written offer to the Client’s contact email, containing a description of the type of services, technical specification, terms for their provision and the applicable price parameters and costs, based on the initial and subsequent information provided by the Client.
11. After getting familiar with the Merchant’s offer and in the event that the Client accepts it, the latter should confirm it explicitly, from which point it becomes binding for the parties. The sending of a counter-offer for the price, term or other parameters of the assignment by the Client is considered a new offer, which should be explicitly accepted by the Merchant. With the acceptance of the Merchant’s initial offer or the subsequently modified offer, based on the agreements reached between the parties, it is considered that the parties have concluded a contract for the provision of the relevant type of services, the Client has familiarized himself with these General Terms and Conditions and accepts them. These General Terms and Conditions constitute an integral part of the individual contract concluded between the parties and apply to all relations that the parties have not arranged in a manner different from the provisions in these General Terms and Conditions.
12. The parties may also explicitly sign a written contract for the provision of the services assigned by the Client, containing specific parameters of the agreements reached between the parties, and the offer is an appendix to the same. The service contract is considered to be concluded and the services are considered to be assigned when it is signed by both parties, including with an electronic signature under Article 13, Paragraph 1 of the EDETSA (including via Hellosign, DocuSign, Adobesign) and/or with an advanced electronic signature under Article 13, Paragraph 2 of the EDETSA, which signature will have legal force, equivalent to a handwritten signature.
13. In case of objective or subjective inability to provide a given service, the Merchant reserves the right to refuse the request and not to conclude a contract with the Client.
14. The Merchant has the right to refuse to conclude a contract with an incorrect Client.
15. The prices of the services offered by the Merchant are specified in the Merchant’s Offer.
16. With regard to the service of creating and implementing a website, the Merchant determines the price of the services provided by him based on the technical and functional characteristics and design of the website, determined according to the explicitly stated requirements of the Client and specified in the Merchant’s Offer.
17. Possible changes in the technical and/or functional characteristics and/or design of the website, after the conclusion of the contract, at the request of the Client or due to objective reasons that cannot be attributed to the fault of the Merchant, may lead to a change of the agreed cost to build and implement the website. The Merchant shall notify the Client in advance of the specific changes in the price parameters determined by the change in the request for website creation, or when this is impossible, of the method of their determination. The parties agree to discuss the possibilities for minimal deviation from the initially agreed upon price parameters.
18. Within the scope of the specified price for creating and implementing a website, the Merchant provides the Client with up to two consultations in connection with the implementation of the created website in existing systems/configurations/modules used by and/or owned by the Client, each in a volume of up to 2 hours. Additional consultations, corrections on already created pages, functionalities or materials provided at the request of the Client are subject to additional payment, the price being determined on the basis of the actual working time invested by the Merchant, applying a unified hourly rate specified in the Merchant’s Offer, representing an integral part of the concluded service contract.
19. The price of the services offered by the Merchant does not include costs for the purchase of software applications, themes, plug-ins, etc.
20. Value added tax (VAT) is charged separately on the price of the services provided, if such is due.
21. With regard to the monthly website maintenance service, the price of the services provided by the Merchant is determined based on the scope of activities specifically assigned by the Client, according to the monthly maintenance plan chosen by the Client.
22. Regardless of the scope of the assigned monthly maintenance activities, the following additional services are not included in the price of the same:
a. adding new content;
b. modify existing content;
c. updating and corrections to the content and design of the created Website;
d. fixing technical settings and problems (bugs) that did not arise on the basis of updating WordPress, the theme, plug-ins and with which the support of the hosting, the theme, the plug-ins fail to cooperate.
23. In the event that the Client wishes to request the provision of the services specified in item 22, they are subject to an additional payment, the price being determined based on the actual working time invested by the Merchant, applying a unified hourly rate specified in the Merchant’s Offer, representing an integral part of the concluded service contract.
24. The price of the monthly maintenance does not include assisting the Client by email or phone, and the same are subject to an additional charge for each individual case, upon application of a fee equal to the Merchant’s unified hourly rate for 1 hour of work.
25. The Merchant reserves the right to change the prices of the services offered by him at any time and without notice, and such changes will not affect already concluded contracts. In the event of a change in the price for monthly maintenance, the updated prices of the Merchant are applied to concluded contracts after a period of one month from the entry into force of the change.
26. The Merchant may provide discounts for the services he offers, in accordance with Bulgarian legislation and rules determined by the Merchant. Discounts may be provided in various forms (e.g. promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).
27. Different types of discounts cannot be combined when ordering and assigning the same service.
28. The Client pays the price of the assigned services by bank transfer to the Merchant’s bank account, specified in the concluded individual service contract, for an invoice issued by the latter. All bank fees and commissions are at the expense of the Client.
29. The Client is obliged to comply with the terms agreed in the individual contract for the payment of the sums owed to the Merchant and not to allow any delay in the fulfillment of this obligation.
30. The remuneration for the website creation and implementation service is paid by the Client in two equal installments as follows:
30.1. 50% – within 7 days of concluding the contract and issuing an invoice by the Merchant.
30.2. 50% – within 7 days of acceptance of the work in accordance with item 47 or item 49.
31. The remuneration for the service of creating a proposal for a company logo is paid in advance, together with the payment under item 30.1.
32. The monthly maintenance fee is paid in advance, by the 5th of each calendar month.
33. The remuneration for additional services provided by the Merchant, at the request of the Client, the amount of which is formed on the basis of the actual time invested for work, when applying an hourly rate, is paid within 7 days of acceptance of the work in accordance with item 47 or item 49.
34. All remuneration of the Merchant shall be paid within the terms specified in this section and in any case no later than 7 days from the date of receiving an electronic invoice issued by the latter.
35. The Merchant and the Client undertake to fulfill their obligations arising from these General Terms and Conditions, the concluded contract, and the current Bulgarian legislation earnestly.
36. The Merchant undertakes to develop the website according to the technical and functional specifications and design requirements specified in the offer accepted by the Client.
37. The Merchant undertakes to provide consultations to the Client in connection with the implementation of the created Website in existing systems/configurations/modules used by and/or owned by the Client, in a volume according to the contract concluded between the parties and possibly additionally assigned by the Client, for an additional remuneration.
38. The Merchant undertakes to create three proposals for a company logo, according to the Client’s assignment, objectified in the contract concluded between the parties.
39. The Merchant undertakes to provide monthly maintenance of the created website, with a scope according to the subscription plan chosen by the Client.
40. Additional functionalities of the website and the provision of additional services by the Merchant, beyond those agreed in the concluded contract, can be agreed upon by the Parties in written form and upon negotiation of additional remuneration for the Merchant. The services under the previous sentence are requested by the Client explicitly by email, with the Parties setting a deadline for their implementation.
41. When delivering the finished Website, the Merchant is obliged to provide the Client with all data, accounts and passwords necessary for full access and administration of the website and hosting.
42. After termination of the concluded contract, the Merchant undertakes not to access the website or hosting.
43. After termination of the concluded contract, the Client undertakes to change all passwords for access and administration of the website and hosting.
44. The Client has the right to monitor the execution of the contract at any time, as long as this does not interfere with the work of the Merchant. The monitoring is carried out remotely, online.
45. The Client’s instructions are binding for the Merchant, insofar as they do not interfere with his independence and do not deviate from the subject of the Contract.
46. The Client reviews the partial or final work submitted to him within 5 (five) working days of its presentation by the Merchant.
47. In the event that the Client considers that the partial or final work delivered to him does not fully or partially correspond to the assignment, the Client is obliged to notify the Merchant immediately and no later than 5 (five) working days, stating the comments in written form. Bringing the implementation in accordance with the Client’s comments is carried out by the Merchant without additional payment by the Client and within a suitable period determined by the Merchant, which may accordingly extend the deadline for the fulfillment of the Merchant’s obligations. After removing the defects of the work, the Parties sign an Act of Acceptance (Protocol) for the delivered partial or final work.
48. The Client’s comment cannot deviate from the written agreement between the Parties. In the case of the Client’s comments, which deviate from the written agreement between the Parties, the Parties may supplement or amend the subject of the contract concluded between them by signing an annex for the assignment of additional activities to the Merchant, which are subject to additional payment by the Client.
49. In case that within 5 (five) working days of delivery of a partial or final work, the Client does not submit written comments, the work is considered accepted without comments.
50. With regard to services provided by the Merchant, for which his remuneration is formed on the basis of the actual invested time for work when applying an hourly rate, the Merchant compiles a report on the type of services provided and the time invested for each of them. In the event that within 3 (three) working days of receiving the report on the services provided, the Client does not raise a written objection, the report is considered accepted without comments.
51. The Client is responsible for settling the copyright of all information and materials provided by him and published on the website created by the Merchant, including but not limited to: texts, photos, graphic materials, logos, etc.
52. The Merchant is not responsible for external modules used by the Client, their licensing, storage and configuration.
53. The Merchant is not responsible for difficulties with operating the hosting and delays in the development of the website, in cases where the Client’s hosting does not have a Control Panel (CPanel) and/or a File Manager and/or sufficient hosting resources available in the plan. The removal of such difficulties may require the provision of additional services by the Merchant, subject to additional payment based on actual working hours at a single hourly rate, determined in the Technical and Price Specification, which is an integral part of the concluded service contract.
54. The Merchant does not guarantee and is not responsible for the compliance of the developed website with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals in connection with the processing of personal data and on the free movement of such data and for the repeal of Directive 95/46/EC (General Data Protection Regulation) (“Regulation”).
55. Responsibility for bringing the developed website into compliance with the requirements of the Regulation lies solely with the Client, in case the latter collects and processes personal data through the website.
57. The Merchant has the right to refuse to fulfill an order of a client whose actions or inactions have given the Merchant reason to believe that he cannot fulfill his obligations arising from these General Terms and Conditions earnestly.
58. The Merchant provides the Client with a warranty for the functionality of the website for a period of 2 months, starting from the date of delivery of the website to the Client.
59. During the warranty period under item 58, the Merchant is obliged to remove at his own expense all defects that have arisen or appeared on the website, of which the Client has notified him.
60. Defects that are not covered by the warranty and can be removed for an additional fee:
- are the result of improper use or administration of the website, as well as failure to comply with the guidelines and instructions given by the Merchant;
- are the result of new versions of the system and communication software serving the server on which the website is located;
- are the result of a combination of software and equipment of which the Merchant was not informed when the website was created.
61. In the event of force majeure, the parties are not responsible for delay or failure to fulfill their obligations under the Contract.
62. The term for the implementation of each obligation is extended according to the period during which implementation was suspended by force majeure.
63. In the event of the occurrence of such a circumstance, the relevant party is obliged to notify the other party in written form as soon as possible, but not later than 3 (three) days after becoming aware of the event. The notification must contain information about:
a. the expected impact of force majeure on the implementation of the Contract;
b. proposals for ways to avoid or reduce the effect of such an event, respective circumstance;
c. the assumed period of operation and termination of the force majeure;
d. the possible consequences thereof for the implementation of the Contract.
64. Force majeure means a circumstance (event) of an extraordinary nature that occurred after the conclusion of the Contract, could not have been foreseen and did not depend on the will of the parties, such as: fire, production accidents, military actions, natural disasters – storms , torrential rains, floods, hail, earthquakes, icing, drought, landslides, and other natural disasters, embargoes, government bans, strikes, riots, riots, etc.
65. In all cases, the parties to the Contract explicitly agree to qualify as force majeure the presence of a technical malfunction of the Client’s hosting or external software, the author of which is not the Merchant.
66. From the date of occurrence of the force majeure until the date of its termination, the parties shall take all necessary actions to avoid or mitigate the impact of the force majeure and to continue to fulfill their obligations under the Contract, which are not prevented by the force majeure.
67. All copyrights on the website created, in fulfillment of the contract concluded between the parties, arise for and belong entirely to the Client from the moment of their creation, with the exception of the inalienable non-property rights of the author to have his authorship recognized on the website and his name or other identifying author’s sign to be indicated accordingly when using it.
68. The Client has the right to use the created website for the purpose for which it was requested, as well as for any other purposes, to allow its use by third parties, for a fee or free of charge, without restrictions, to improve it without the need for additional permissions for this from the Merchant and without any additional remuneration, compensations, or other payments being owed to the latter. The remuneration received by the Merchant, in fulfillment of the concluded contract for the development of a website, also covers any future use and transfer to third parties as far as applicable.
69. In the concluded individual contract, the Parties may stipulate an explicit right of the Merchant to place on the created website its trademark, logo or any other signs indicating the creation of the website by the Merchant, as well as the conditions under which this right is realized.
70. Intellectual property rights on all materials and resources located on the Merchant’s website https://webdesh.com (including the name Уебдеш/Webdesh, logo, corporate symbols and trademarks, available databases) are subject to protection under the Law for copyright and related rights, the Law on Trademarks and Geographical Indications, the Law on Industrial Design and all other provisions of applicable law, belong to the Merchant or the corresponding designated person who assigned the right of use to the Merchant, and may not be used in violation of the current legislation.
71. No part of the Merchant’s website https://webdesh.com may be reproduced in any form – copied, distributed or used as photos, text, graphics, services, for any purpose and in any media or computer environment without the explicit written consent of the Company. The materials on the Merchant’s website are protected by the Copyright and Related Rights Act and any unauthorized use may be a violation of copyright, trademark rights or other legal provisions. In the case of copying or reproduction of information beyond what is permissible, as well as in case of any other violation of intellectual property rights on the Merchant’s resources, the Merchant has the right to claim compensation for the direct and indirect damages suffered in full.
72. Except in cases where it is explicitly agreed, the Client may not reproduce, change, delete, publish, distribute and publicize in any other way the information resources published on the website of the Merchant https://webdesh.com.
73. The Merchant reserves the right to suspend access to the functionalities of the website https://webdesh.com. The Merchant has the right, but not the obligation, at his discretion to delete information resources and materials published on its site.
74. Both during the validity of the contract and for a period of 3 years after the termination of contractual relations, each party undertakes to keep in strict confidence any “Confidential Information” provided to it by the other party, its workers and employees, representatives, clients and counterparties in connection with the execution of the Contract, not to use, disclose or permit disclosure, not to allow third parties access to such information in any form provided in oral, written, graphic or electronic form, which constitutes “Confidential Information” within the meaning of the next paragraph, without the prior explicit and written permission of the other party.
75. Confidential information includes any information to which a party has access to in connection with the implementation of the contract, relating to all rights, obligations and factual relationships assumed or owned by the other party and related to it individuals and legal entities, directly or indirectly, including, but not limited to, information regarding:
a. technological knowledge and know-how concerning the contract or the activity of the other party in economic, technical, organizational or other respects, corporate non-public information, business strategies and objectives, schemes and sketches;
b. the finances, operations, financial and operational results, markets, current or potential clientss and suppliers, property, business methods, personnel, contracts, commitments or contingencies, legal matters or strategies of the other party, its affiliates and/or counterparties;
c. the products, technologies or scientific, technical or engineering information developed, owned or licensed for the benefit of the other party, or any subsidiary, affiliates and/or counterparties of the other party, including but not limited to research procedures, experimental data, test results, methodology, business plans, market projects, product development planning, techniques, technical designs and technical solutions, processes, know-how, applications, subject to patent or not, regardless of the manner of disclosure of presentation of such information – written or oral, graphic or photographic, audiovisual, recorded on magnetic tapes or any type of electronic medium, computer disk, prototype, sample, as well as in any other tangible form;
d. personal data of minimums, current and potential clients, contractors, subcontractors – names, IN/UIC, address, as well as official data and information: telephone, application documents in paper and electronic version.
76. Confidential information may be on paper, computer discs, diskettes and any other electronic media, without the need for them to be physical in their form.
77. The following shall not be considered confidential information:
a. information that the party has explicitly designated as non-confidential;
b. public facts or information that the party itself has made publicly available (for example, through commercial advertising, statements to the media, publications in print media and on public websites, etc.).
78. Each of the parties to the Contract undertake not to discuss, use in its own interest (including when independently performing an activity analogous to the other party – economic or not) and/or in the interest of third parties, including, but not limited to, companies that are competitors of the other party any Confidential Information to which it has access to in connection with the execution of the Contract during the validity of the latter and for a period of 3 years after its termination.
79. The prohibition to provide Confidential Information under the Contract shall be lifted when this information is officially requested by a competent state or municipal authority in connection with the fulfillment of its obligations under the law. In these cases, the party from which this information is requested is obliged to immediately notify the other party thereof.
80. Each of the parties to the Contract is responsible in front of the other party for its own actions, if Confidential Information under the Contract is distributed by its counterparties and contracted persons or subcontractors.
81. The parties undertake not to distribute or allow the distribution of personal data that became known to them during and/or in connection with the conclusion and execution of the Contract.
82. In case of violation of the obligation to protect and not distribute Confidential Information and personal data, the party that violated its obligation owes the party in good standing compensation for all damages suffered and lost profits, directly resulting from the violation, for each individual case. If, as a result of the distribution of confidential information or personal data, an administrative-criminal sanction is imposed on the party in good standing, then the party in bad standing owes it the compensation according to the previous sentence, as well as the full amount of the imposed property sanction and costs in connection with the administrative and/or judicial proceedings.
83. The rules in this section apply only to clients for whom, according to the data specified for the conclusion of the service contract, it can be concluded that they are consumers within the meaning of the Consumer Protection Act.
84. The main characteristics of the services offered by Webdesh Ltd. are defined on the Merchant’s Website, the written offer sent to the user and the draft of the written contract.
85. The final price of the services including all taxes and fees and the method of calculating the price of the services, which due to their nature cannot be calculated in advance; the additional costs owed by the User, as well as the type of those that may be owed by the User and which cannot be calculated in advance within reasonable limits, are defined in the written offer sent to the User.
86. The Merchant’s remuneration does not include costs for the purchase of software applications, themes, plug-ins, etc.
87. The methods of payment, provision of services and execution of the contract are defined in these general terms and conditions and the written offer sent to the user.
88. The information provided to users under this point is current at the time of sending the written offer of the Merchant, before the conclusion of the contract.
89. The Users agree that all information required by the Consumer Protection Act may be provided via e-mail.
90. The User has the right, without owing compensation or a penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of conclusion of the contract, except in the following cases, in which the User does not have the right to refuse the contract.
a. the service is fully provided and its implementation has begun with the explicit prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal after the contract has been fully executed by the merchant;
b. in the provision of digital content that is not delivered on a physical medium, when the performance has begun with the explicit consent of the user, who has confirmed that he knows that he will thereby lose his right of withdrawal and the Merchant has provided confirmation of the explicit prior consent and acceptance by the user to start execution of the contract before the expiration of the period for exercising the right to withdraw from the contract.
91. The right of withdrawal can be exercised through the single form for withdrawal from the contract, available on the Merchant’s website, in Appendix No. 1 to these general conditions or another plain request. In these cases, the Merchant immediately sends the user a confirmation of his refusal on a durable medium.
In order to exercise his right under this clause, the User must plainly notify the Merchant of his decision to withdraw from the contract, individualizing the services he is withdrawing from, by providing all data on the completed order and its value, data of the person who made the order and date of order and provide his contact details.
92. When the User has exercised his right to withdraw from the contract remotely, the Merchant shall refund all amounts received from the user without undue delay and no later than 14 days from the date on which he was notified of the user’s decision to renounce the contract, taking into account the provision of item 94. The amount will be refunded without incurring any additional costs to the user.
93. The Merchant refunds the amounts received using the same methods of payment used by the user in the initial transaction, unless the latter has explicitly stated his consent to use another means of payment and provided that this is not associated with costs for the user.
94. When in connection with the execution of the contract, the Merchant incurred expenses, including costs of purchasing software applications, themes, plugins, etc. and the User withdraws from the contract, the Merchant has the right to retain the corresponding amount for the expenses incurred and to deduct it from the refund amount under 92.
When the Client cancels the services contract, the price subject to refund is reduced by the value of the received discount applied to the service, and only the amount actually paid is subject to refund.
95. The complaint for the digital content, when it does not correspond to the contract, can be presented to the Merchant or a person authorized by him, within the framework of:
a. two years from the provision of the digital content, when the contract provides for a one-time provision or a series of separate acts of provision of digital content;
b. the period of time during which the digital content must be provided according to the concluded contract, when the contract provides for the continuous provision of digital content within a certain period of time.
96. The merchant has fulfilled his obligation to provide the digital content when the digital content or any means suitable for accessing the digital content or downloading it is made available or accessible to the user or on a physical or virtual instrument chosen by the user for this purpose.
97. When presenting a complaint, the user can claim to bring the digital content into compliance with the contract; proportional reduction of the price, or to cancel the contract.
98. When submitting a complaint, the user indicates the subject of the complaint, his preferred way of satisfying the complaint, the amount of the claimed amount, and a contact address.
99. The complaint is submitted verbally via the telephone number indicated by the Merchant or in writing via the indicated email, by post or delivered to the address of the company. The merchant provides access to a complaint form on his website.
100. When submitting a complaint, the user must also attach the documents on which the claim is based, namely:
a. receipt or invoice;
b. protocols, acts or other documents establishing the non-compliance of the goods or services with the agreed upon;
c. other documents establishing the claim by basis and amount.
101. The Merchant is obliged to accept a complaint for consideration if it is submitted in a timely manner.
102. The Merchant maintains a register of the claims submitted. A document is sent to the User at the e-mail indicated by him, in which the date and number of the complaint from the register, the type of service and the signature of the person who accepted the complaint are indicated.
103. When the Merchant satisfies the claim, he issues a deed to this effect, which is drawn up in two copies, and obligatorily provides one copy to the User.
104. The User has the right to make a complaint by asking the merchant to bring the digital content into conformity, unless this proves impossible or would result in disproportionate costs for the merchant, taking into account all the circumstances of the particular case, including the value that the digital content would have if there were no discrepancy and the significance of the discrepancy.
105. The Merchant is obliged to bring the digital content into compliance within a period of two months, counted from the notification by the user of the lack of compliance.
106. The user has the right to a proportional reduction in the price or to cancel the contract, according to item 97, in the following cases:
a. bringing the digital content into compliance is impossible or would result in disproportionate costs for the Merchant;
b. The Merchant has not brought the digital content into compliance within the period under item 105;
c. a discrepancy of the digital content has appeared, regardless of the actions taken by the Merchant to bring the digital content into compliance;
d. the non-conformity of the digital content is so serious as to justify an immediate price reduction or termination of the contract, or
e. the Merchant has stated or it is clear from the circumstances that the merchant will not bring the digital content into compliance within a reasonable time or without significant inconvenience to the user.
107. The price reduction is proportional to the difference between the value of the digital content provided to the User and the value that the digital content would have had there been no discrepancy. Where the contract provides that the digital content is provided within a certain period of time against payment of a price, the price reduction shall apply for the period of time during which there was a discrepancy in the digital content. Refunds are made within 14 days from the date of receipt of the price reduction notification.
108. The User has the right to cancel the contract only if the discrepancy is not insignificant. In the event of a significant discrepancy, the User exercises his right to cancel the contract by notifying the Merchant of his decision to cancel the contract.
109. Upon cancellation of the contract, the merchant shall refund to the user all sums paid by him under the contract within 14 days from the date of receipt of the cancellation notice. Where the contract provides for the provision of digital content against payment of a specified price and within a specified period of time and the digital content has been in compliance for a certain period of time before the termination of the contract, the merchant shall reimburse the user only a proportionate part of the price paid by the user, which corresponds to the period of time during which the digital content was not in compliance, as well as any part of the price paid in advance by the user for each period of time of the contract that would have remained if the contract had not been canceled.
110. Upon termination of the contract by the user, the merchant prevents any further use of the digital content, for example by making the digital content unavailable to the user or by blocking the user’s account.
111. After the cancellation of the contract, the user refrains from using the digital content or the digital service and providing them to third parties.
112. The user does not owe payment for using the digital content or the digital service in the period preceding the cancellation of the contract, during which the digital content did not meet the individual and objective compliance requirements and the requirements for integrating the digital content into the user’s digital environment.
113. In the event of a dispute that has been referred for consideration by the user directly to the merchant, but has not been resolved between them, the user has the option of Alternative Dispute Resolution.
Alternative dispute resolution between users and merchants is an out-of-court conciliation procedure on a voluntary basis. It is carried out through conciliation commissions.
The Users have two options:
To use the European Platform for Online Dispute Resolution (ODR) / http://ec.europa.eu/odr / – a single access portal that allows users and merchants in the EU to settle their disputes related to cross-border online purchases, and also with national ones.
To submit an application for mediation directly to the CPC with a request for the formation of a common conciliation commission. Information on the types of conciliation commissions and the steps to form a conciliation commission. https://kzp.bg/pomiritelna-komisiya.
114. The contract concluded between the Merchant and the Client shall be terminated on the grounds provided for in it, as well as in the following cases:
a. Upon termination of the activity and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
b. By mutual written agreement of the parties;
c. Automatically in the event of an amendment to the General Terms and Conditions following the conclusion of the Contract, in the event that the Client declares within a period of up to one month that he does not accept the amendment – from the date of receipt of the notification from the Client;
d. Unilaterally by the Merchant, with a written notification with immediate effect and without owing compensation – in case he finds that the Client uses the subject of the services provided by the Merchant in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria or generally accepted moral norms;
e. in the event of an objective impossibility to perform the assigned task; In this case, the incurred non-refundable expenses and the value of the services provided to date are paid, according to the remuneration agreed in the contract.
115. In the event of culpable failure to fulfill the obligations provided in the General Terms and/or the concluded contract, the right Party may cancel the concluded contract by sending a written notice to the wrong party with a 30-day deadline for performance and with a warning that in the absence of performance in good faith within the specified period, will consider the Contract to be void.
116. These general terms and conditions may be amended by the Merchant, for which the latter will notify the Client within 7 days of the occurrence of this circumstance at the e-mail address indicated by the latter. The Client agrees that e-mails sent in accordance with this chapter do not need to be signed with an electronic signature in order to be effective against him.
117. When he does not agree with the changes in the general conditions, the Client has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. In order to exercise this right, the Client should notify the Merchant within one month of receiving the message under the previous article.
118. The Merchant and the Client agree that any addition and amendment to these general terms and conditions will be effective against the Client after the latter has been explicitly notified and if the Client does not state within the given one-month period that he rejects them.
119. All communications and notifications between the parties will be considered valid if they are made in writing, including by e-mail and are sent by e-mail or by mail with a return receipt or by courier to the electronic or physical addresses for correspondence of the Parties specified in the Contract.
Proper receipt of an electronic notification shall be deemed to have been received by the recipient’s e-mail server.
120. In the event that either Party changes its address without notifying the other Party, all notices sent to the relevant Party’s address specified in the contract shall be deemed to have been duly served.
121. The contract can be amended or supplemented only by mutual agreement between the parties, expressed in writing, which becomes an integral part of the contract.
122. In the event that any section, subsection, provision or part of them or conditions of these General Terms and Conditions and/or the contract concluded between the Merchant and the Client prove to be invalid, illegal, or unenforceable according to the applicable law, this section, subsection, clause or part thereof conditions shall be deemed severable and the remaining provisions and conditions shall remain in force and be binding on the parties as if the invalid, illegal or unenforceable provisions under applicable law had not been included.
123. The provisions of the current legislation of the Republic of Bulgaria apply to all matters not settled by these General Terms and/or the contract concluded between the Merchant and the Client.
124. All disputes arising from or relating to these General Terms and Conditions and/or contracts concluded between the parties, including disputes arising from or relating to their interpretation, invalidity, non-fulfilment or termination, as well as disputes to fill gaps in the contract or its adaptation to new circumstances will be resolved by the Parties through understanding and mutual concessions, and when reaching an agreement proves impossible, the parties will refer the dispute to the competent Bulgarian court.
125. The electronic statements and messages provided in these General Terms and Conditions are considered to be validly made if they are made in the form of e-mail, pressing an electronic button from the website with content that is filled in or selected by the Client or checking a field (check box) on the website and other similar actions, as long as the statement is technically recorded in a way that makes it possible to reproduce it.
These General Terms and Conditions have been accepted by Webdesh Ltd. and are effective since July 9th 2022.