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Terms and Conditions

Last updated on February 28, 2017

I. SUBJECT

Art. 1. (1) The present Terms and conditions regulate the relations between "3 EN 3" OOD, UIC 203326551, hereinunder referred to as the TRADER and the persons using the site and e-shop, located on the Internet at https://www.escreo.com, hereinunder referred to as USERS.

(2) By clicking on any object, link or button located on the Internet at https://www.escreo.com the persons who use this site agree and fully accept and undertake to comply with the present Terms and conditions, the Privacy policy and the Bulgarian legislation.

II. DATA FOR THE TRADER

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

1. Name of the TRADER: “3 EN 3” OOD;

2. Seat and address of management: Sofia, region “Iskar”, residence area “Drujba” 1, 25 “Tirana” str. entr. V, 5th floor, app. 110;

3. Address for the exercise of activity: Sofia Tech Park, Incubator Building, Fl. 1, 111B Tsarigradsko shose. This address is the one to which the USER can send any complaints within the meaning of Art. 47, item 4 of the Consumer Protection Act;

4. Contact information: Sofia, email: hello@escreo.com, phone: 0700 10 324;

5. Entry in public registers: UIC 203326551;

6. Number of certificate of the data controller № 426125;

7. Supervisory authorities:

(1) Commission for Protection of Personal Data, Address: Sofia 1592, 2 „Prof. Cvetan Lazarov“ bul., phone: 02/91-53-518, Email: kzld@cpdp.bg, website: www.cpdp.bg;

(2) Commission on user protection, Address: 1000 Sofia, Square. "Slaveykov" №4A, 3rd, 4th and 6th floor, phone: 02/9330565, fax: 02/9884218, hotline: 0700 111 22, website: www.kzp.bg;

8. Registration under the Value Added Tax Act № BG 203326551;

III. TERMINOLOGY

Art. 3. For the purposes of these Terms and conditions the terms hereinunder shall have the following meanings:

1. "Goods" mean the products offered in the E-SHOP including, but not limited to: Escreo paint, Escreo accessories;

2. "Services" mean the additional to the ordered by the USER goods application service offered in the E-SHOP.

3. "Order" means "Goods" or "Goods and services" ordered by the USER online.

4. "Contract for sale" is a contract under which the TRADER undertakes to transfer the ownership of goods to a USER, and the USER pays or agrees to pay the remuneration thereof, including any contract having as its subject both goods and services.

5. "Trader" is "3 EN 3” OOD, which through the website and the E-SHOP located on the Internet at https://www.escreo.com, performs virtual sale of goods and/or services. TRADER is the person with whom the USER enters into a contract for sale from distance of specific goods and/or services from the E-SHOP.

6. "User" - means the persons using and visiting the site and E-SHOP.

7. "E-shop" is the website https://www.escreo.com, which serves as a virtual platform for the supply of goods and services for sale and to reach an agreement between the TRADER and the USER to purchase specific goods and/or services.

IV. CHARACTERISTICS OF E-SHOP

Art. 4. (1) Through the E-SHOP the TRADER provides against remuneration goods and services to the USER after his explicit statement for that.

(2) E-SHOP provides the USER with the opportunities to:

1. review the E-SHOP and use its additional services for provision of information;

2. conclude contracts for sale and delivery;

3. make payments in connection with the concluded contracts, according to the supported by E-SHOP ways of payment.

4. review goods and services, their characteristics, prices and terms of delivery;

5. be informed about the rights deriving from the law mainly through the interface page of the E-SHOP on the Internet;

Art. 5. TRADER delivers the goods and provides the services, ensuring USER’s rights provided by law, in good faith, accepted practice, consumer or commercial law criteria and conditions.

Art. 6. (1) USER concludes the contract through the interface of the TRADER located on the Internet at https://www.escreo.com.

(2) In accordance with the concluded with the USER contract for sale, TRADER is obliged to deliver and transfer the ownership of the goods, ordered by the USER. In case of ordered the application service together with the ordered by the USER goods, the TRADER is obliged to perform the service as well.

(3) USER pays the TRADER remuneration for the delivered goods, respectively services performed under the conditions specified in the E-SHOP and these Terms and conditions.

Art. 7. (1) USER and TRADER agree that all statements between them in connection with the conclusion and execution of a contract for sale may be carried out electronically via electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

V. USING E-SHOP

Art. 8. The site and E-SHOP can be freely viewed, and registration is not required.

Art. 9. (1) The main characteristics of the goods and services offered by the TRADER are defined in the profile of each product and service in the E-SHOP. Information is provided for each product and service on the site regarding price, main characteristics, as well as some additional information aimed at helping USERS make an informed choice to purchase.

(2) The price of goods and services is in Bulgarian lev and includes all taxes and fees. The price is determined by the TRADER in the profile of each product and service in the E-SHOP and for help of the USER there is an online calculator provided for calculating the price depending on the desired space for painting, and for Escreo accessories depending on the desired number.

(3) The information provided to USERS in this article is current at the time of visualizing it on the site of the TRADER before concluding the contract for sale.

(4) The TRADER states before concluding the contract the total contract value.

Art. 10. The USER agrees that the TRADER is entitled to receive advance payment for contracts concluded with the USER for purchase of goods and services and their delivery.

VI. TECHNICAL STEPS TO CONCLUSION OF CONTRACT FOR SALE

Art. 11. (1) USERS use the interface of the page of the TRADER to conclude contracts for sale in E-SHOP.

(2) The contract is concluded in Bulgarian, English, Romanian and German language, and in case of conflict, the Bulgarian text shall prevail.

(3) The contract for sale between the TRADER and USER represents the Order made, the present Terms and conditions and the Privacy Policy.

(4) Party to the contract with the TRADER is the USER according to the data provided at the time of order.

(5) TRADER includes on the interface on its site, the technical means for identifying and correcting errors when entering information prior to making any statement about the conclusion of the contract.

Art. 12. (1) USERS may conclude the contract by the interface of the TRADER 24 hours a day, every day, by the following procedure:

1. Review of the proposed goods and services;

2. Pressing the button "Buy Now" and individualization of the order. Opportunity to order the additional application service.

3. Pressing the button "Add to Cart";

4. Pressing any of the following buttons:

4.1. "Create another surface" – the selected goods and services are saved in "Your cart" and the USER can add an unlimited number of other goods and services to the cart. By pressing the button "Checkout" from the pop up window, the entire Order is placed, including all the goods and services added to the cart;

4.2. "Back to store" - the selected goods and services are saved in "Your cart" and the USER can continue to browse the E-SHOP and/ or add an unlimited number of other goods and services to the cart. For finalization pressing the button "Your cart" and then the button "Checkout";

4.3. "Checkout";

5. Entering data for delivery;

6. Selecting the method and timing of payment;

7. Pressing the button "Continue";

7. Ticking: "I agree with the Terms and Conditions and the Privacy Policy" and pressing the button "Pay and place order"

(2) Each selected product is put in a USER’S virtual cart - "Your Cart". Until confirming the order the USER can review and change the ordered goods and services, their quantities and the other data related to the specific order and its individualization.

(3) By finalizing the order and confirming it, the USER undertakes to pay the price of the order and once again declares that he is familiar with the fact that the contract is related to a payment obligation on his part. Completing the order by pressing the relevant button is legally binding.

(4) After finalization and confirmation of the order by the USER the system of E-SHOP automatically sends information e-mail, confirming the receipt of the order in the TRADER’s system and the concluded between the parties contract.

VII. PAYMENT

Art. 13. (1) The price of the Order may be paid in the following methods:

1. Cash - the payment is done at the time of delivery of the Order. This method is available only for Orders for the territory of the Republic of Bulgaria.

2. Bank transfer to the bank account of the TRADER before receiving the Order.

3. Online payment through a virtual POS terminal before receiving the Order.

(2) If within 2 /two/ days of receipt of the Order, the price of the Order is not received in the bank account of the TRADER (when the selected payment is online payment or bank transfer), the order is automatically canceled and the TRADER does not owe performance to it, without being liable for that.

VIII. DELIVERY

Art. 14. (1) Only goods that are ordered by the USER and confirmed by the TRADER are being delivered. Goods are delivered to the specified by the USER address, including outside the territory of the Republic of Bulgaria.

(2) Additional application service can be performed only in the city of Sofia, Plovdiv, Varna and Bucharest.

(3) TRADER delivers the goods and performs the services on the specified by the USER address and is not responsible in the event that the provided by the USER information is incorrect or misleading.

(4) USER does not owe transportation costs for delivery.

Art. 15. (1) The terms for delivery of goods are as follows:

1. For delivery in Bulgaria and Romania - up to 4 (four) working days;

2. For delivery to Europe and the world – up to 7 (seven) working days;

(2) The terms for performing the additional application service, available only for the city of Sofia, Plovdiv, Varna and Bucharest – up to 2 (two) working days and prior agreement between USER and TRADER.

(3) The terms of this article may be extended on public holidays and/or weekends with the period of holidays.

(4) If paying cash is the selected method of payment, delivery deadlines start from the date of receipt of the confirmation email of the TRADER. If the selected payment is by bank transfer or online payment, delivery deadlines start from the date of receipt of the price of the Order to the bank account of the TRADER.

Art. 16. (1) Upon delivery of the Order the USER or a third person authorized by him shall be obliged to sign the documents accompanying the Order. A third party is any person who is not the USER, but accepts the order on the provided by the USER address for delivery.

(2) Upon delivery the goods should be examined carefully by the USER or the authorized person. If obvious shortcomings are established, lack of any of the accessories accompanying the goods and/or lack of any of thе required by Bulgarian law documents, the USER shall immediately inform the person making the delivery, and a Protocol shall be drafted. In addition USER immediately notifies the TRADER on e-mail hello@escreo.com.

(3) The delay in delivery and service due to force majeure and due to events that substantially impede or render impossible the delivery or service, TRADER cannot be held liable. For the beginning and end of such obstacles TRADER shall inform the USER in a timely manner.

IX. WARRANTY

Art. 17. (1) Pursuant to Art. 105 and following of Consumer Protection Act goods have a legal guarantee of conformity with the contract for sale, which is expressed in the fact that the TRADER, within the other terms and conditions of the Consumer Protection Act, is responsible for any lack of conformity of goods with the contract that exists upon the delivery of goods and events up to two years after delivery, even if TRADER was unaware of the nonconformity.

(2) The claim of consumer goods may be brought within two years of delivery of the goods, but not later than two months from the discovery of nonconformity with the contract. The claim of service may be brought within 14 days of discovery of the nonconformity of the service with the contract.

(3) Claims for the purchased through the E-SHOP goods and/or services are carried out under the rules of Consumer Protection Act, and the USER should notify the TRADER on e-mail hello@escreo.com for each claim, using the documents on which the claim is based: receipt or invoice; protocols or other documents establishing the nonconformity of the goods or services with the contract for sale; other documents establishing the claim’s grounds and amount.

(4) The provisions of Art. 17, para. 1, para. 2 and para. 3 are applicable to USERS under the meaning of §13, item. 1 of the Supplementary Provisions of the Consumer Protection Act.

(5) Claims can also be made under the general terms.

X. RETURN OF GOODS

Art. 18. (1) The provisions of this section X are applicable to USERS under the meaning of §13, item. 1 of the Supplementary Provisions of the Consumer Protection Act.

(2) Pursuant to Art. 50 of the Consumer Protection Act, USER has the right to withdraw from contract for sale of goods and to demand the return of ordered and purchased goods within 14 (fourteen) days as of the date of receipt of the goods by the USER or a third party other than the person making the delivery and authorized by the USER. In case of ordered application service, the USER can withdraw from the contract within 14 (fourteen) days of concluding the contract, but not later than its performance.

Art. 19. (1) When the USER wants to withdraw from the contract, the latter shall inform the TRADER of his decision before the expiry of the term specified in the previous article.

(2) To exercise the right of withdrawal, the USER may use the standard withdrawal form according to Annex № 6 of the Consumer Protection Act or declare unequivocally otherwise his decision to withdraw from the contract, for example, by sending a letter through mail to the following address: Sofia, Bulgaria, 111B Tsarigradsko shose blvd, Sofia Tech Park, Incubator Building, Fl. 2 or to the following email - hello@escreo.com in which the following should be referred - name, address, telephone number and email address of the USER, as well as type of the goods and their quantity, respectively ordered application service, date of order and/or date of delivery.

(3) TRADER sends USER acknowledgment of his withdrawal from the contract.

(4) The goods should be returned to the TRADER in the state in which they were delivered to the USER or the authorized third person; USER is responsible for returning the goods in that state.

(5) The costs of returning the goods are borne by the USER.

(6) The USER has no right of withdrawal in respect of goods and circumstances falling within the scope of art. 57 of the Consumer Protection Act.

Art. 20. (1) When the USER has exercised his right of withdrawal from the contract, TRADER reimburses all payments received from the USER, including delivery costs, if applicable (excluding additional costs associated with the USER’S chosen method of delivery other than the least expensive standard delivery offered by the TRADER) without undue delay and not later than 14 days from the date on which TRADER was notified of USER’S decision to withdraw from the contract.

(2) The TRADER shall reimburse the USER, using the same means of payment used by the USER in the initial transaction, unless the USER has expressly consented to the use of other means of payment and provided that it is not related to costs borne by the USER.

(3) TRADER may withhold payment of the sums to the USER under par. 1 until he receives the goods or until the USER supplies evidence that he has sent back the goods, depending on which of the two happened earlier.

(4) When the USER exercises his right of withdrawal, the USER must send or hand over the goods to the TRADER or a person authorized by him without undue delay and not later than 14 days from the date on which the USER has notified the TRADER of his decision to withdraw from the contract.

(5) All transportation and other costs of returning the goods are borne by the USER. Until the return of the goods by the USER to the TRADER, the risk of accidental loss or damage is borne by the USER.

XI. PRIVACY POLICY

Art. 21. (1) "3 EN 3" OOD is data controller registered under the Protection of Personal Data Act and collects and process USER information constituting personal data under the Protection of personal data Act.

(2) The TRADER accepts and announces on the site Privacy Policy.

Art. 22. Upon making the order, respectively upon subscription to a newsletter the USER gives his explicit consent that the personal data provided in can be used and processed by the TRADER for the purposes specified in the Terms and Conditions and Privacy Policy.

Art. 23. Hyperlinks from https://www.escreo.com to sites owned by third parties are provided solely for the convenience of the USER. The TRADER assumes no responsibility for them or their content, as well as the way they use USER’S personal data. When visiting those sites, USER does so entirely at his own responsibility and at his own risk.

XII. COPYRIGHT

Art. 24. TRADER owns the entire contents of the site, including the trade name "3 EN 3" OOD, the logo and the trademarks, visible on the site. Materials posted and visible on the site are under the protection of the Copyright and Related Rights Act, Marks and Geographical Indications Act and other relevant laws, and any unauthorized use will be treated as infringement of copyright, rights on trademarks or other relevant regulations.

XIII. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 25. (1) TRADER reserves the right to unilateral changes to the Terms and Conditions and the Privacy Policy, for which shall inform the USERS by posting them on the site. TRADER has the right to unilaterally change any conditions for the delivery of goods and any other information published on the site without notice to USERS.

(2) Changes in the preceding paragraph shall come into force and shall legally bind USERS from the moment of their publication on the site.

XIV. NEWSLETTER

Art. 26. USER may subscribe for a Newsletter through site, located on the Internet at https://escreo.com.

XV. APPLICABLE LAW

Art. 27. For all outstanding issues in these Terms and conditions is applicable the Bulgarian legislation.

Art. 28. Questions, inquiries and consultations by the TRADER USER may make online via email hello@escreo.com, through the direct form of communication on the site or by telephone 0700 10 324.

Art. 29. Body for Alternative Dispute Resolution ("ADR body"), in which area of activity the TRADER falls within pursuant to Art. 181n, para. 4 of the CPA are the Conciliation committees to the Commission for Consumer Protection. Disputes can be also settled by European online platform for dispute resolution (“ODR”).