These General Terms and Conditions govern the relationship between MarketID Ltd., hereinafter referred to as “Trader”, on the one hand, and the Users of websites and services located on a website www.marketiseme.com, hereinafter referred to as Consumers, on the other.
“Marketize Mi” Ltd. is a limited liability company registered in the Commercial Register at the Registry Agency with UIC BG205520003, which manages www.marketiseme.com website through the same. The company has an address of management: Sofia. Sofia, ul. 12 Dimitar Hadjikotsev, email address firstname.lastname@example.org, phone +359 888 252 679.
Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as Services).
This document contains information about the activity of and the general terms and conditions for using the services provided by “Marketize Mi” Ltd., regulating the relationship between us and each of our users.
The confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant.
By accepting the General Terms and Conditions, the User agrees to the processing of his or her personal data on the basis of the contract concluded between him and the Merchant.
For the purposes of these General Terms and Conditions, the following terms should be understood in the following sense:
Site/Website – www.marketiseme.com and all its subpages.
Consumer – any natural person who uses services that are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside the framework of his commercial or professional activity.
Personal data – information about a natural person that reveals his physical, psychological, mental, family, economic, cultural or social identity.
Service – any material or intellectual activity that is carried out in an independent manner, is intended for another person and does not have the main object of transferring possession of an item.
A service contract is a contract, other than a sales contract, under which the trader provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price for it.
Procedure for alternative dispute resolution of consumer disputes – a procedure for out-of-court settlement of consumer disputes, meeting the requirements of this Act and carried out by an alternative dispute resolution body for consumer disputes.
About these General Terms and Conditions
1. “Marketize Mi” Ltd. offers and performs services described below, namely:
- Digital marketing services, including content and email marketing;
- Website design and development;
- Branding and promotion services, including branding, logo and marketing materials
- Video processing and audiovisual content creation services
1.1. At present, the www.marketiseme.com does not have the characteristics of an online store within the meaning of the Bulgarian legislation and no goods or services can be ordered through the interface of the website. Insofar as consumers can communicate with the Merchant through a contact form or otherwise, ordering the services offered is made only by means of direct agreement.
1.2. These General Terms and Conditions, in so far as they relate to the conclusion of a service contract, shall apply only unless otherwise agreed between the parties in the framework of direct negotiation.
1.3. Notwithstanding the application of the provisions on the conclusion and performance of service contracts, all other provisions remain in force between Users and the Merchant and regulate the use of www.marketiseme.com .
2. Consumers may order services from the Merchant in the framework of direct agreement, carried out in an informal way, including by means of distance communication.
2.1. The service contract is considered concluded from the moment of confirmation of the order by the Merchant or the conclusion of a written agreement objectifying the agreements between the parties.
3. The Merchant has the right to refuse to conclude a contract with an incorrect User.
3.1. The Merchant has the right to treat the User as incorrect in cases where:
- there is a non-compliance by the User with the General Terms and Conditions;
- incorrect, arrogant or rude attitude towards the representatives of the Merchant has been established, including within the framework of the use of the ordered services;
- systematic abuses have been established by the User towards the Merchant.
3.2. Payment of the service is an element of the factual composition of the conclusion of a contract.
Provision of services
4. The specific details of the provision of the services are not subject to these General Terms and Conditions and should be agreed between the parties for each individual order. Nevertheless, the parties will consider that the services should be provided by the Merchant when no others have been agreed, with the care of a good Merchant and in compliance with the usual standards and practices for working for the respective services.
5. The prices of the services offered shall be those agreed between the parties at the time of placing an order or concluding an agreement on the provision of services, except in cases of obvious error.
6. The User may pay the price of the ordered services by payment by bank transfer or, where such a possibility is explicitly provided by the Merchant, by the services of a payment operator.
7. Payment by bank transfer shall be deemed to have been completed at the time of crediting the Merchant’s bank account and when the payment is accompanied by sufficient information allowing the Merchant to identify the User’s order.
8. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the provisions and conditions and/or fees of such third party.
9. The Merchant shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the fault of the Merchant.
10. The merchant reserves the right to provide other methods of payment for the services provided.
Withdrawal from the contract and replacement
11. Given the nature of the services provided, the User has the right to refuse a service under the terms of the CPA only if the performance of the service has not started by the Merchant.
12. In addition to the consumer’s right of withdrawal in the case of a distance contract under the CPA, the Trader may also provide additional opportunities for withdrawal from the contract, which the consumer should be notified of through the interface of the website.
13. In order to exercise his right under this clause, the User must unequivocally notify the Merchant of his decision to withdraw from the contract, individualizing the services he wishes to opt out.
14. The trader publishes on its website a form for exercising the right of withdrawal from the contract.
15. In order to exercise the right of withdrawal, the trader shall give the consumer the choice to fill in and send electronically via the website the standard withdrawal form or other unequivocal statement. In such cases, the Merchant shall immediately send the consumer a confirmation of receipt of his refusal on a durable medium.
16. The Merchant shall refund to the User the price paid by him for the returned services.
17. In the event that the consumer has made a payment under the contract with a bank card and has exercised his right of withdrawal, the refund is made by ordering a reverse operation on the card with which the payment was made within 7 working days.
18. The termination of the contract has effect for the future and the Merchant has no obligation to return the price of the service paid until the termination of the service.
19. The rules on withdrawal from the contract apply only to consumers who have the status of “consumer” under the provisions of the CPA. Such an opportunity shall not be granted to consumers who use services in the course of their business.
20. With regard to consumers who do not have the status of “consumers” under the provisions of the CPA, the Merchant may offer different options for withdrawal from the contract, which should be explicitly agreed by means of direct negotiation between the parties.
Guarantees and claims
21. The user has the right to claim for any discrepancy of the service with what was agreed / ordered when, after the provision of the service, discrepancies with its description are found.
22. The consumer shall be entitled to make a claim for the service, regardless of whether the manufacturer or trader has provided a commercial guarantee for the good or service.
23. When submitting the claim, the consumer may claim a refund of the amount paid, for replacing the service with another corresponding to the agreed or for a discount from the price.
24. The claim shall be submitted orally to the telephone number specified by the Merchant or in writing through the specified email, by post or submitted to the address of the company. The merchant presents access to a claim form on his website.
25. When making a claim, the user indicates the subject of the claim, the preferred way of satisfying the claim, respectively the amount of the amount claimed, and address, telephone and contact email.
26. The filing of a claim shall not prevent a claim.
27. The trader maintains a register of claims. The User is sent a document to the email specified by him, which indicates the number of the claim from the register and the type of goods.
28. When the Merchant satisfies the claim, it issues an act for this, which shall be drawn up in two copies, and must provide one copy to the User
Intellectual property on the website
29. The intellectual property rights on all materials and resources located on the Merchant’s website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or the respectively designated person who has assigned the right of use to the Merchant, and may not be used in violation of the legislation in force.
30. In case of copying or reproduction of information beyond what is permissible, as well as in any other violation of intellectual property rights on the resources of the Merchant, the Merchant has the right to claim compensation for the direct and indirect damages suffered in full.
31. Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Merchant’s website.
32. The Merchant undertakes to take due care to enable the User to have normal access to the services provided.
33. The trader reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its site.
Intellectual property in connection with the services offered
34. In so far as it is possible to create intellectual property objects within the framework of the services provided, including branding services and marketing materials, as well as in the supply of services for the creation and processing of audiovisual works, unless otherwise agreed, the relevant materials shall be deemed to have been made on the user’s request, ordered the service and all intellectual property rights arise in favor of the user.
35. Without prejudice to the provisions of the above clause of these General Terms and Conditions, the Merchant reserves the right to use the relevant sites within the framework of its activity for the needs of promoting it to current and potential customers, including placing the relevant objects in its portfolio and placing a logo of the respective user on its website as a reference for established commercial relations.
36. Unless otherwise agreed between the parties, the Merchant reserves the right to be named as an author (attribution) for the relevant materials to the extent that is accepted in the usual practice for the respective objects of intellectual property.
37. For the purposes of interpreting the above paragraphs, the rights of the Merchant under the above points may be exercised only for the purpose referred to in point 35 and may not be used for any other economic activity.
Termination and termination of the contract
38. The Merchant has the right, at its own discretion, without giving notice, to unilaterally terminate the contract if it finds that the services provided are used in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and the generally accepted moral norms.
39. Except as provided in these General Terms and Conditions, the contract between the parties shall also be terminated upon termination of the Merchant’s activity or termination of the maintenance of its website.
40. Apart from the above cases, either party may terminate this contract by giving one week’s notice to the other party in case of non-fulfillment of the obligations under the contract.
41. The written form of the contract is considered complied with by sending a message to an e-mail (e-mail), pressing an electronic button on a page with content that is filled in or selected by the User or ticking a box (check box) on the website, etc. similar in so far as the statement is recorded technically in a way that enables it to be reproduced.
42. The parties declare that in the event that any of the clauses of these General Terms and Conditions proves invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory rules of law or established practice.
Amendment of the General Terms and Conditions
43. The Merchant undertakes to notify the Users of any amendment to these General Terms and Conditions within 7 days of the occurrence of this circumstance at the email address specified by the User.
44. When he does not agree with the amendments to the General Terms and Conditions, the User has the right to withdraw from the contract without giving any reason and without owing compensation or penalty. In order to exercise this right, the User should notify the Merchant within one month of receipt of the notice under the preceding article.
45. In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, it is considered that the amendment has been accepted by the User without objection
46. The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not settled by these General Terms and Conditions.