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Terms and Conditions

Last updated on June 13, 2019

I. SUBJECT

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

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

II. CONTACT DETAILS

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

1. Name of the trader: “3 EN 3” OOD, UIC 203326551;

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” blvd. This address is also 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. Supervisory authorities:

5.1. Commission for Protection of Personal Data, Address: Sofia 1592, 2 „Prof. Cvetan Lazarov“ blvd., website: www.cpdp.bg;

5.2. Commission for user protection, Address: 1000 Sofia, Square 4A “Slaveykov, 3rd, 4th and 6th floor, website: www.kzp.bg;

III. TERMINOLOGY

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

1. “Goods” - the products offered in the e-shop including, but not limited to: Escreo paint, Escreo accessories;

2. “Services” the additional application service offered in the e-shop;

3. “Order” - goods or goods and services ordered by the user online;

4. “Distance contract”/”Contract" - 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, concluded through the e-shop, including any contract having as its subject both goods and services;

5. “Trader” - “3 EN 3” OOD, which through the e-shop performs virtual sale of goods and services. Trader is the legal person with whom the user enters into a distance contract of specific goods and/or services through the e-shop;

6. “User” - the persons using and visiting the site and e-shop;

7. ”E-shop” – the site https://www.escreo.com, which serves as a virtual platform for sale of goods and services and for reaching an agreement between the trader and the user for purchasing of specific goods and/or services.

IV. CHARACTERISTICS OF THE E-SHOP

Art. 4. (1) Through the e-shop the trader provides against remuneration goods and services to the user.

(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 purchase and delivery;

3. choose 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 present Terms and conditions and the other policies and rules adopted by the trader and published in the e-shop;

Art. 5. Trader delivers the goods and provides the services, ensuring user’s rights provided by law.

Art. 6. (1) User concludes contract with the trader through the interface of the e-shop.

(2) In accordance with the concluded with the user contract, trader is obliged to deliver and transfer the ownership of the goods, ordered by the user. In case of ordered 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 performed services under the conditions specified in the e-shop and these Terms and conditions.

Art. 7. User and trader agree that all statements between them in connection with the conclusion and execution of a contract 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 THE E-SHOP

Art. 8. The site and e-shop can be freely viewed, while 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, as for each product and service there is information regarding price, main characteristics, as well as additional information aimed at helping users make an informed choice when purchasing.

(2) The price of goods and services is in bulgarian lev and includes all taxes and fees. The price is determined by the trader, as in the profile of each product and service and for user’s help there is an online calculator calculating the price depending on the desired space for painting or desired number of products.

(3) The information provided to users is relevant at the time of visualizing it on the e-shop.

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

Art. 10. By choosing the relevant payment method, user agrees that the trader is entitled to receive advance payment for the concluded contracts for purchase of goods and services and their delivery.

VI. TECHNICAL STEPS FOR CONCLUSION OF DISTANCE CONTRACT

Art. 11. (1) Users use the interface of the e-shop to conclude contracts.

(2) The contract can be concluded in different languages, but in case of discrepancy with the text in Bulgarian language, the latter shall prevail.

(3) The contract 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 of the e-shop, 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 via the interface of the e-shop 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;

3. pressing the button “Cart” and opportunity for additional individualization of the order;

4. entering data for delivery;

5. selecting of payment method

6. pressing the button “Continue”

7. ticking the checkbox: "I agree with the Terms and conditions and the Privacy policy" and pressing the button “Pay and finish purchase”

(2) Each selected good is put in a user’s virtual cart – “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 order 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 by:

1. Cash - the payment is done at the time of delivery. 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 goods and/or services;

3. Online payment through a virtual terminal before receiving the goods.

(2) When the selected payment method is online payment or bank transfer and within 2 (two) days of making the order, the price of the goods and/or services is not received in the bank account of the trader, the order is automatically cancelled and the trader shall not be obliged for its performance, 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, Romania.

(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 the 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, Romania – up to 2 (two) working days and prior to agreement between the user and the trader.

(3) The terms hereinabove may be extended on public holidays and/or not working days with the period of the holidays.

(4) If paying cash is the selected method of payment, delivery deadlines start from the date of receipt of the confirmation email sent by the trader. If the selected payment is by bank transfer or online payment, delivery deadlines start from the date of receipt of the price 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 obligated to sign the documents accompanying the order. A third person is any person who is not the user, but accepts the goods and/or services on the provided by the user address for delivery.

(2) Upon delivery the goods should be examined carefully by the user or the third authorized person. If obvious shortcomings are established, lack of any of the accessories accompanying the goods and/or any of the required documents, the user shall immediately inform the person making the delivery, and a protocol shall be drafted. In addition user shall notify the trader on e-mail hello@escreo.com.

(3) Trader cannot be held responsible for delay in delivery due to force majeure or other events that substantially impede or render the delivery impossible. 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 the goods with the contract that exist upon the delivery of the goods or occurs up to two years after delivery, even if trader was unaware of the nonconformity.

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

(3) Complaints against 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 complaint, applying the documents on which the complaint is based: receipt or invoice; protocols or other documents establishing the nonconformity of the goods or services with the contract; other documents establishing the grounds and amount of the complaint.

(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) Complaints can also be brought under the general rules of the Bulgarian legislation.

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 the contract for sale of goods and to demand to return the ordered and purchased goods within 14 (fourteen) days as of the date of receipt of the goods by him or a third person, 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 as 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 under Appendix № 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 of the trader: Sofia Tech Park, Incubator Building, Fl. 1, 111B “Tsarigradsko shose” blvd. or to the following email - hello@escreo.com in which the following should be referred - name, address, phone and email address of the user, as well as the type of the goods and their quantity, respectively ordered application service, date of order and/or date of delivery.

(3) Trader shall send to the 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) 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 such are made by the user (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 as of the date on which trader was notified of user’s decision to withdraw from the contract.

(2) Trader shall reimburse the user, using the same payment method used by the user in the initial transaction, unless the user has expressly consented to the use of other payment method 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 para. 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 as of 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 an accidental loss or damage is borne by the user.

XI. PERSONAL DATA

Art. 21. “3 EN 3” OOD collects and processes user data constituting personal data under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (”Regulation”), Bulgarian Personal Data Protection Act and announced on the site Privacy Policy

Art. 22. Hyperlinks from https://www.escreo.com to sites owned by third parties are provided solely for the convenience of the user. 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. 23. 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. AMENDMENTS TO THE TERMS AND CONDITIONS

Art. 24. The present Terms and conditions can be unilaterally changed by the trader, as the changes shall come into force and shall legally bind users from the moment of their publication on the site.

XIV. APPLICABLE LAW AND DISPUTE RESOLUTION

Art. 25. For all outstanding issues in these Terms and conditions the Bulgarian legislation is applicable.

Art. 26. User may ask questions, make inquiries and seek consultations by the trader online via email hello@escreo.com, through the direct form of communication on the site or by telephone 0700 10 324.

Art. 27. (1) In case of a dispute between trader and user, which cannot be amicably resolved, user can contact the body for alternative dispute resolution (“ADR body”), in which area of activity the trader falls within pursuant to art. 181n, para. 1 of the Consumer protection act, and namely the General conciliation committee of the Commission for consumer protection.

(2) Disputes can also be settled by the European online platform for dispute resolution (“ODR”), as well as by the general legal procedure.