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General terms

GENERAL TERMS

Please read the "General Terms and Conditions" for using the services available on the website www.bum-bam.com and if you agree with them, indicate your consent in the field "I have read and accept the GENERAL TERMS AND CONDITIONS". After making this marking and pressing the virtual button "Complete the order", it is considered that you are familiar with the "General Terms" and agree to abide by them.

I. SUBJECT

Art. 1. These general conditions are intended to regulate the relations between

Creativity Factory EOOD, with registered office and address of management: Sofia, 30 Kazbek Str., Sofia, UIC: 206395168, represented by Iliya Plamenov Dechkov, e-mail address: behappy@bum-bam.com, hereinafter referred to as brevity SUPPLIER,

и

the customers, hereinafter referred to as USERS, of the e-shop BUM BAM, hereinafter referred to as “BUM BAM”.

ІІ. SUPPLIER DATA

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Supplier: Creativity Factory EOOD

2. Headquarters and address of management: Sofia, 30 Kazbek Str., Bulgaria

3. Address for exercising the activity: Sofia, 125 Tsarigradsko Shosse, Bulgaria

4. Data for correspondence: Sofia, Tsarigradsko shose 125, Bulgaria

Email: behappy@bum-bam.com, tel: +359897500522

5. Entry in public registers, UIC: 206395168

6. Supervisory authorities:

Commission for Personal Data Protection

Address: Sofia, Ivan Evstatiev Geshov Str .; № 15,

Tel: (02) 940 20 46

fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg.

Commission for Consumer Protection

Address: 1000 Sofia, Slaveykov Square

№4A, fl.3, 4 and 6,

Tel .: 02 / 980 25 24

fax: 02 / 988 42 18

hotline: 0700 111 22

Website: www.kzp.bg.

III. CHARACTERISTICS OF BOOM BAM

Art. 3. BUM BAM is an e-shop available at an Internet address

www.bum-bam.com, through which Users have the opportunity to enter into contracts for the sale and delivery of services offered by BUM BAM, including the following:

1. To register and create a profile for reviewing BUM BAM and using the additional services for providing information;

2. To make electronic statements in connection with the conclusion or execution of contracts with BUM BAM through the interface of the page of BUM BAM, available on the Internet;

3. To conclude contracts for purchase and sale and delivery of the services offered by BUM BAM;

4. To make any payments in connection with the concluded contracts with BUM BAM, according to the payment methods maintained by BUM BAM.

5. To receive information about new goods and services offered by BUM BAM;

6. To review the services, their characteristics, prices and delivery conditions;

7. To be notified of the rights arising from the law mainly through the interface of the BUM BAM website;

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.

Art. 5. (1) Users enter into a contract for purchase and sale of services offered by BUM BAM through the interface of the Provider, available on its website at www.bum-bam.com or other means of distance communication.

(2) By virtue of the contract concluded with the Users for purchase and sale of services, the Provider is obliged to provide to the User the services determined by him through the interface.

(3) The Users pay to the Provider remuneration for the delivered services according to the conditions, determined on BUM BAM and the present general conditions. The remuneration is in the amount of the price announced by the Provider at the address of BUM BAM on the Internet.

(4) The Provider delivers the services requested by the Users within the terms and under the conditions determined by the Provider on the website of the e-shop and in accordance with the present general conditions.

Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution of the contract of sale may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. . 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User upon registration, if the User has entered the respective name and password for access.

IV. USING BOOM BAM

Art. 7. (1) In order to use BUM BAM for concluding contracts for purchase and sale of services, the User should perform one of the following actions:

a) Enter the necessary information to place an order;

b) To enter a name and password chosen by him for remote access, in case the User wishes to register.

(2) The name and the password for remote access are determined by the User, by registration electronically on the website of the Provider.

(3) By filling in your data and pressing the “Yes, I accept” buttons; and "Registration", the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.

(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is also sent. The Recipient confirms the registration and conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider. After the confirmation, an account of the User is created and a contractual relationship arises between him and the Provider.

(5) Upon registration, the User is obliged to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.

(6) In case a profile in web social networks or other networks is used for registration of the User, a party to the contract is the person who is the holder of the profile used for registration in the respective social or other network. In this case, the Provider has the right to access the data necessary to identify the User in the relevant social or other network.

Art. 8. (1) The e-mail address provided during the initial registration of the User, as well as any subsequent e-mail address used for exchange of statements between the User and the Provider, is "Primary e-mail address" within the meaning of these general conditions. The user has the right to change his Primary contact email address.

(2) Upon receipt of a request for change of the Main contact e-mail address, the Provider shall send a request for confirmation of the change. The request for confirmation is sent by the Provider to the new Main contact e-mail address specified by the User.

(3) The change of the Main contact e-mail address is made after confirmation by the User, expressed by a reference contained in the request for confirmation, sent by the Provider to the new Main contact e-mail address indicated by the User.

(4) The Provider informs the User about the made change, by e-mail, sent to the Main contact e-mail address indicated by the User before making the change under para. 2.

(5) The Provider shall not be liable to the User for illegal change of the Main contact e-mail address.

(6) The Provider may require from the User the use of the Main contact e-mail address in specific cases.

V. TECHNICAL STEPS FOR CONCLUDING A CONTRACT FOR

PURCHASE AND SALE OF SERVICES

Art. 9. (1) The users mainly use the interface of the Provider's website in order to conclude contracts for purchase and sale of the services offered by the Provider in BUM BAM.

(2) The contract shall be concluded in Bulgarian.

(3) The contract between the Provider and the User represents the present general conditions, available at https://bum-bam.com/terms-of-service

(4) A party to the contract with the Provider is the User according to the data provided during the registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data with which an account has been created with the Provider.

(5) The provider shall include in the interface of its website, technical means for establishing and correcting errors in the input of information, before the statement for concluding the contract is made.

(6) This contract is considered concluded from the moment of registration of the User with the Provider. The contract for purchase and sale of goods is considered concluded from the moment of its application by the User through the interface of the Provider.

(7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of services, the Provider shall explicitly notify the User in an appropriate manner by electronic means.

(8) The statement for concluding the contract and the confirmation for its receipt shall be considered received when their addressees have an opportunity for access to them.

(9) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data indicated by the Users are incorrect or misleading.

Art. 10. The Users conclude the contract of sale with the Provider according to the following procedure:

(1) Carrying out registration in BUM BAM and providing the necessary data, if the User has not yet registered in BUM BAM;

(2) Entering the system for execution of orders of BUM BAM by identification with name and password;

(3) Selecting one or more of the offered services of BUM BAM and adding them to a list of goods for purchase;

(4) Provision of data for the delivery;

(5) Choice of method and moment for payment of the price.

(6) Confirmation of the order;

VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION

Art. 11. The rules of this Section VI of these General Terms and Conditions apply to Users for whom, according to the data specified for the conclusion of the contract of sale

or upon registration in BUM BAM, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and / or Directive 97/7 / EC of the European Parliament and of the Council of 20 May 1997 on consumer protection in respect of distance contracts.

Art. 12. (1) The main characteristics of the goods offered by the Provider are defined in the profile of each service on the site of BUM BAM.

(2) The price of the services including all taxes is determined by the Provider in the profile of each service on the site of BUM BAM.

(3) The value of the postage and transport costs, not included in the price of the services, shall be determined by the Provider and shall be provided as information to the Users in one of the following moments before concluding the contract:

- In the profile of each of the services on the website of the Provider of BUM BAM;

- When choosing the services for concluding the contract of sale;

(4) The manner of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the website of the Provider.

(5) The information provided to the Users under this article is up-to-date at the moment of its visualization on the website of the Provider of BUM BAM before the conclusion of the contract of sale.

6) The provider must indicate the conditions for delivery of individual services on the website of BUM BAM.

(7) The provider shall indicate before the conclusion of the contract the total value of the order for all services contained therein.

Art. 13. (1) The consumer agrees that the Provider has the right to accept advance payment for the concluded with the consumer contracts for purchase and sale of services and their delivery.

Art. 14. (1) The consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, as of the date of receipt of the service.

(2) The right of refusal under para. 1 shall not apply in the following cases:

- for delivery and provision of services, the price of which depends on the fluctuations of the financial markets, which the Provider is not able to control;

- for delivery of services, made according to the requirements of the consumer or by his individual order;

- for delivery of audio and video recordings or software products printed by the user;

(3) When the Provider has not fulfilled its obligations to provide information,

defined in Art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the contract within three months from the date of receipt of the goods.

Where the information referred to in this paragraph is provided to the consumer within the withdrawal period, it shall run from the date of its provision.

(4) In case the consumer exercises his right of refusal under para. 1, the Provider shall be obliged to reimburse in full the amounts paid by the consumer not later than 30 calendar days from the date on which the consumer has exercised his right to withdraw from the concluded contract.

Art. 15. (1) The term of delivery of the service and the initial moment from which it runs is determined for each service separately when concluding the contract with the consumer through the site of the Provider of BUM BAM, unless the goods are ordered in one order.

Art. 16. (1) The provider shall hand over the services to the consumer after certifying the fulfillment of the requirements and the existence of the circumstances under art. 61 of the Consumer Protection Act.

(2) The User and the Provider shall certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.

(3) The User and the Provider agree that the requirements under para. 1 and Art. 61 of the Consumer Protection Act will be observed if the certification is performed by a person for whom, according to the circumstances, it can be concluded that he will transmit the information to the consumer - party to the contract.

VI. OTHER TERMS

Art. 17. (1) The Provider delivers and transmits the service to the User within the term determined at the conclusion of the contract.

(2) If the term under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall deliver and deliver the goods within a reasonable time, but not later than 2 months.

Art. 18. The User must review the service at the time of delivery and delivery by the Provider and if it does not meet the requirements to notify the Provider immediately.

VIII. PROTECTION OF PERSONAL DATA

Art. 19. (1) The Provider shall take measures for protection of the personal data of the User according to the Personal Data Protection Act.

(2) For reasons of security of the personal data of the Users, the Provider will send the data only to the e-mail address, which was indicated by the Users at the moment of registration.

(3) The Provider accepts and announces on its website a Privacy Policy, available at https://bum-bam.com/privacy-policy/

Art. 20. (1) At any time, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during the registration.

IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS

Art. 21. (1) These general terms and conditions may be amended by the Provider, for which the latter will notify in an appropriate manner all Users of BUM BAM who have registration.

(2) The Provider and the User agree that any addition and amendment of these general conditions will have effect on the User after its explicit notification by the Provider and if the User does not state within 14 days that he rejects them.

(3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.

Art. 22. The Provider publishes these general terms and conditions at https://bum-bam.com/terms-of-service, together with

all additions and amendments thereto.

X. TERMINATION

Art. 23. The present general conditions and the contract of the User with the Provider are terminated in the following cases:

- upon termination and declaration of liquidation or declaration of insolvency of one of the parties to the contract, by mutual consent of the parties in writing;

- unilaterally, with notice from each of the parties in case of non-fulfillment of the obligations of the other party;

- in case of objective impossibility of any of the parties to the contract to perform its obligations;

- in case of seizure or sealing of the equipment by state authorities;

- in case of deletion of the User's registration on the BUM BAM website. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;

- in case of exercising the right of withdrawal according to art. 55, para. 1 of the Consumer Protection Act.

XII. OTHER TERMS

Art. 25. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.

Art. 26. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.

Art. 27. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.

Art. 28. These general terms and conditions enter into force for all BUM BAM Users.

 

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