General Terms and Conditions

Website Terms of Use

These general conditions govern the relationship between “Lobster Creative Space” EOOD, with EIK 206878512, with management address: Sofia, Neofit Rilski St. No. 44, hereinafter referred to as “Merchant”, on the one hand, and Internet Users pages and services located on the website www.l44.space, hereinafter referred to as users for short, on the other hand.

Please read the published General Terms and Conditions in their entirety before using the information and commercial services offered on the Site (the Services for short).

This document contains information about the activities of <name of the natural person> and the general conditions for using the services provided by <name of the natural person>, governing 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 have his personal data processed on the basis of the contract concluded between him and the Merchant.

Definitions

For the purposes of these general conditions, the following concepts should be understood in the following sense:

Site/Website – www.l44.space and all its subpages.

User – 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 law, acts outside the scope of his commercial or professional activity.

General Terms and Conditions – these General Terms and Conditions, which include terms of use, cookies, registration rules, voluntary dispute resolution and any other legally significant information found on the Site.

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 independently, is intended for another person and does not have as its main subject the transfer of possession of an object.

Service contract – a contract, other than a contract of sale, 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 resolution of consumer disputes – procedure for out-of-court resolution of consumer disputes, meeting the requirements of this law and carried out by an authority for alternative resolution of consumer disputes.

Services provided

1. On the Site, Users have the opportunity to conclude contracts for services and contracts for the purchase and sale and delivery of the goods offered by the Merchant in the territory of the Republic of Bulgaria and beyond.

1.1. The goods and services offered by the Merchant through the website are intended for individuals and/or legal entities. The rules relating to consumer protection, including the rules on withdrawal from the contract, apply only to natural persons acting in their capacity as consumers within the meaning of the Consumer Protection Act.

An order

2. Users use the website interface to conclude contracts with the Merchant for the goods and services offered. A contract is concluded by placing an order using the user basket method or a similar method and making a payment using the method chosen by the user.

2.1. The contract is considered concluded from the moment the order is confirmed by the Merchant.

2.2. If it is impossible to perform a given service or deliver goods, the Merchant reserves the right to refuse the order.

2.3. Through the user basket method, after selecting one or more goods or services offered on the Merchant’s website, the User must add the same to his list of goods or services for purchase.

2.4. It is necessary for the User to provide data about the order and choose a method and moment of payment of the price, then confirm the order through the site interface.

2.5. When placing an order, the User receives confirmation by email that his order has been accepted.

2.6. Users can place orders on the website without registering a user profile.

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 a User as incorrect in cases where:

1. there is non-compliance by the User with the General Terms and Conditions;

2. an incorrect, arrogant or rude attitude towards the Merchant’s representatives has been established, including within the framework of using the ordered services;

3. systematic abuses by the User towards the Merchant have been established.

3.2. The payment of the service is an element of the factual composition of the conclusion of the contract.

Prices

5. The prices of the goods and services offered are those indicated on the Merchant’s website at the time of placing an order, except in cases of obvious error.

5.1. The prices of the goods and services include VAT, in the cases in which it is foreseen to charge it.

5.2. The merchant reserves the right to change at any time and without notice the prices of goods and services offered on the site, such changes will not affect orders already made, except for subscription services in relation to its future operation.

5.3. The Merchant may provide discounts on the goods and services offered on the site, in accordance with Bulgarian legislation and rules determined by the Merchant. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (eg promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).

Payment

6. The user can pay the price of the ordered services by using one of the options listed on the website. On the Site, payment is possible through the following methods:

Bank transfer;
payment by bank card or card of a payment operator;
payment via ePay and EasyPay
in cash on the spot in a commercial outlet after ordering

7. Card payments are made by using the payment services for card payments of a third party – a payment operator.

8. Payment by bank transfer is considered completed at the moment of verification of the Merchant’s bank account and when the payment is accompanied by sufficient information allowing the Merchant to identify the User’s order.

9. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.

10. The Merchant is not responsible if a payment method involving a third-party payment service provider is not available or otherwise does not function due to reasons beyond the Merchant’s fault.

10.1. The merchant reserves the right to provide other methods of payment for the services provided.

Delivery

11. The delivery of the ordered goods is carried out by a third-party courier service or Lobster Creative Space EOOD’s own transport.

11.1. A detailed description of the terms of delivery can be found here: «link to Terms of Delivery».

Contract cancellation and replacement

12. Users have the right to withdraw from the concluded contracts according to the rules of Art. 50-56 PPE.

13. The consumer’s right of refusal is inapplicable in relation to services related to entertainment activities for which the contract stipulates a specific date or period of performance (Art. 57 item 12 of the Civil Code).

14. In addition to the user’s right of withdrawal in the case of a contract concluded at a distance under the EPA, the Merchant may also provide additional options for withdrawal from the contract, for which the user should be notified through the website interface.

15. 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 withdraw from.

16. The trader publishes on his website a form for exercising the right to withdraw from the contract.

17. To exercise the right of withdrawal, the Merchant provides the user with the option to fill out and send electronically via the website the standard withdrawal form or another unambiguous application. In these cases, the Merchant immediately sends the user a confirmation of receipt of his refusal on a durable medium.

18. The Merchant reimburses the User for the price paid by him for the returned goods.

19. In the event that the user has made a payment under the contract with a bank card and has exercised his right to withdraw from the contract, the refund is made by ordering a reverse operation on the card with which the payment was made within 7 working days.

20. Termination of the contract has effect going forward and the Merchant has no obligation to return the price of the service paid up to the time of termination.

Warranties and claims

21. The user has the right to claim for any inconsistency of the service with what was agreed/ordered, when inconsistencies with its description are discovered after the service has been provided.

22. The user has the right to make a complaint about the service, regardless of whether the manufacturer or the trader has provided a commercial guarantee for the goods or service.

23. When presenting the complaint, the user can claim a refund of the amount paid, to replace the service with another one corresponding to the agreed or to a deduction from the price.

24. The complaint is submitted verbally to the telephone number specified by the Merchant or in writing via the specified e-mail, by post or delivered to the address of the company. The merchant provides access to a complaint form on his website.

25. When submitting a complaint, the user indicates the subject of the complaint, his preferred method of satisfying the complaint, the amount of the claimed amount, and the address, telephone number and email address for contact.

26. Filing a complaint is not an obstacle to filing a claim.

27. The trader maintains a register of the claims submitted. A document is sent to the User at the e-mail specified by him, in which the complaint number from the register and the type of goods are indicated.

28. When the Merchant satisfies the claim, he issues a certificate to that effect, which is drawn up in two copies, and obligatorily provides one copy to the User

Intellectual Property

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 Act and related rights, belong to the Merchant or to the person designated accordingly who assigned the right of use of the Merchant, and cannot be used in violation of current legislation.

30. In the case of copying or reproduction of information beyond what is permissible, as well as in 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.

31. Except in cases where it is expressly agreed, the User may not reproduce, change, delete, publish, distribute and publicize in any other way the information resources published on the Merchant’s website.

32. The Merchant undertakes to take due care to provide the User with an opportunity for normal access to the services provided.

33. The merchant reserves the right to suspend access to the provided services. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its site.

Termination and cancellation of the contract

34. The merchant has the right at his discretion, without giving notice, to unilaterally terminate the contract, in case he finds that the services provided are used in violation of the present general conditions, the legislation in the Republic of Bulgaria and generally accepted moral norms.

35. Except in the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon suspension of the Merchant’s activity or termination of maintenance of his website.

36. Apart from the cases mentioned above, each of the parties may cancel this contract by giving one week’s notice to the other party in case of failure to fulfill the obligations under the contract.

37. The written form of the contract is considered to be fulfilled by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the User or ticking a field (check box) on the website, etc. . similar, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.

Rescue clause

38. The parties declare that, in the event that any of the clauses under these General Terms and Conditions is/are found to be invalid, this will not invalidate the entire contract or any of its other parts. The invalid clause will be superseded by the mandatory rules of law or established practice.

Amendment of the general terms and conditions

39. The Merchant undertakes to notify the Users of any change in the present general terms and conditions within 7 days of the occurrence of this circumstance at the e-mail address specified by the User.

40. When he does not agree with the changes in the general conditions, the User 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 User should notify the Merchant within one month of receiving the message under the previous article.

41. 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 conditions, it is considered that the amendment has been accepted by the User without objection

Applicable law

42. The provisions of the current legislation of the Republic of Bulgaria apply to all issues not settled by these General Terms and Conditions.