General Terms of Use of the Website secretgardenlabel.com
I. General Provisions
1) These General Terms constitute an agreement under which Top Secret Show Ltd. (UIC 204066957) provides its own website, secretgardenlabel.com, for distance selling to potential buyers and consumers, and they govern the rights and obligations of the users of the website secretgardenlabel.com, owned by Top Secret Show Ltd.
2) The parties to this agreement are Top Secret Show Ltd. (UIC 204066957), on the one hand, and every user of the website secretgardenlabel.com, on the other.
3) The user declares that they are familiar with these Terms of Use, and any active action on their part, or continued passive behaviour, once the website secretgardenlabel.com has loaded in the browser, constitutes an electronic statement of their agreement with these Terms of Use.
4) An active action means clicking, pressing or selecting a link or advertising banner that takes the user to other pages of the website secretgardenlabel.com.
5) Continued passive behaviour means not leaving the online shop after it has loaded in the user's browser.
II. Definitions
Users declare that they are familiar with and agree to the definitions of the following terms:
User of a web page or website is any person (a potential buyer of the offers made) who has entered the web address of, or reached, the web page or website through a redirection from another website and who agrees, if interested, to purchase goods and/or services electronically.
Web page, within the meaning of these General Terms, means a component and distinct part of a website.
Browser – a computer program that allows data to be transferred, processed and displayed using various types of data transfer protocols.
Interface – a combination of graphic objects associated with program code, through which the user communicates with the website in a way accessible to them.
Platform – a set of conceptual, software and graphic solutions forming a complete product that gives the user an accessible environment to the possibilities of the internet.
Link – a connection placed on a web page that allows automatic redirection to another web page, information resource or object through standardised protocols.
Malicious actions are actions or omissions that violate internet etiquette or cause harm to persons connected to the internet or associated networks; sending unsolicited mail (unsolicited commercial messages, SPAM); gaining access to resources using other people's rights and passwords; exploiting weaknesses in systems for one's own benefit or to obtain information (HACK); carrying out actions that may qualify as industrial espionage or sabotage; damaging or destroying systems or data sets (CRACK); sending "Trojan horses" or causing the installation of viruses or remote control systems; disrupting the normal work of other users of the internet and associated networks; or carrying out any actions that may qualify as a crime or an administrative offence under Bulgarian law or any other applicable law.
Information system / System is any single device or set of interconnected or similar devices that, in executing a specific program, provides automatic data processing.
Website / site is a distinct location on the global internet, accessible through its uniform address (URL) via the HTTP, HTTPS or another standardised protocol, containing files, programs, text, sound, pictures, images or other materials and resources.
IP address is a unique identification number associating a computer, web page or resource of the user in a way that allows it to be located on the global internet.
Password is a code of letters, digits and characters which, together with the username, identifies the user and gives access to their user profile.
Username is a unique code of letters, digits and characters chosen by the user, through which they are identified in their relations with the Provider.
User profile is a distinct part of the website of Top Secret Show Ltd. (UIC 204066957) containing information about the user, requested and stored by Top Secret Show Ltd. and used and processed solely for the purposes of Art. 4(1)(3) of the Personal Data Protection Act. The user accesses the profile by entering a username and password. The user profile also serves communication between the user and Top Secret Show Ltd.
Fortuitous event is a circumstance of an extraordinary nature, unforeseen at the time the agreement was concluded, that makes the provision of the services objectively impossible.
III. Subject of the Agreement
1) Top Secret Show Ltd. makes an online shopping platform available to users through its website secretgardenlabel.com, under the terms of a distance sales contract within the meaning of Art. 48 et seq. of the Consumer Protection Act, exercising the powers granted to it under that contract.
2) The distance sales contract through which the user purchases goods/services using the platform provided by Top Secret Show Ltd. is separate from these General Terms. By making an electronic statement to conclude the sales contract, the user agrees both to these General Terms and to the content of the distance sales contract providing for advance payment, which is displayed prominently in the purchase interface.
3) Top Secret Show Ltd. is not liable:
- for damage caused by other websites accessible through links/banners placed on this website;
- for damage resulting from the website secretgardenlabel.com being unavailable or interrupted for reasons beyond the control of its team;
- if the user leaves their account logged in on a computer or in any other way allows and/or permits it to be used by third parties who misuse their registration.
4) The username with which the user registers gives them no rights other than the right to use that username within the information system of Top Secret Show Ltd. When the user changes their username, Top Secret Show Ltd. does not verify and is not responsible for the truthfulness of the new username, or for whether it infringes the rights of third parties, in particular name rights or other personal rights, trade name rights, trademark rights or other intellectual property rights.
5) When using the access provided to the electronic platform, the user undertakes: to comply with Bulgarian law, applicable foreign laws, these General Terms, internet etiquette and the rules of morality and good conduct; not to damage the good name of others and not to incite a violent change of the constitutional order, the commission of a crime, violence against persons or racial, national, ethnic or religious hatred; not to promote fascist or other anti-democratic ideologies; not to infringe the property or non-property rights of others, including intellectual property rights; to notify Top Secret Show Ltd. immediately of any infringement committed or discovered; not to interfere with the proper operation of the system, including but not limited to not obstructing the identification of another user, not gaining access beyond the access granted, not impairing or hindering the availability, reliability or quality of the access provided and not using it in a way that leads to its denial; not to extract, by technical means or in a technical way, information resources or parts of information resources from the databases on the website of Top Secret Show Ltd., and thereby not to create their own database in electronic or other form; not to impersonate another person or otherwise mislead third parties about their identity or affiliation with a particular group of people; and not to carry out malicious actions within the meaning of these General Terms.
6) Except where expressly agreed, the user may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the website of Top Secret Show Ltd.
7) By registering on the website of Top Secret Show Ltd., the user permits a public user profile to be created for marketing purposes, in which Top Secret Show Ltd. may, at its discretion, publish any information relating to the user and their actions on the website that is not protected by the Personal Data Protection Act.
IV. Protection of Personal Data
1) Top Secret Show Ltd. exercises due care and is responsible for protecting the information about the user that has become known to it in connection with the registration that is the subject of these General Terms, except in cases of force majeure, fortuitous events or malicious actions of third parties.
2) The limitations under item 1 do not apply where the user or persons under their control have carried out malicious actions within the meaning of these General Terms or have infringed the rights or legitimate interests of third parties. In this case, Top Secret Show Ltd. has the right to provide the user's personal information to the competent state authorities in accordance with the applicable legislation.
4) Top Secret Show Ltd. collects and uses information about users solely for the purposes set out in these General Terms. The purposes for which the information is used are not listed exhaustively and do not create obligations for Top Secret Show Ltd.
5) By accepting these General Terms, the user agrees to the processing of their personal data for the purposes of the distance sales contract for the promoted goods, by giving consent to advance payment.
6) By accepting the General Terms, the user agrees that their personal data declared as publicly available in their user profile on secretgardenlabel.com, Facebook or anywhere else online; information about the user's friends in those profiles; and photos, texts or similar materials uploaded to those profiles may be used and distributed by Top Secret Show Ltd. for direct marketing purposes, unless the user expressly restricts access to them. The user's actions on secretgardenlabel.com (liked offers, questions asked, comments, friendships made) and information about the goods/services they have purchased (quantity, price, details) may always be used by Top Secret Show Ltd. for direct marketing purposes.
7) Top Secret Show Ltd. undertakes not to disclose any personal information about the user and not to provide the information collected to third parties – state authorities, companies, individuals or others – except where:
- it has received the user's express consent at registration or at a later time;
- the information is requested by state authorities or officials who, under the applicable legislation, are authorised to request and collect such information in compliance with the procedures established by law;
- in other cases provided for by law.
8) By registering on bilianayotovska.com, the user permits personal, advertising or other commercial messages from Top Secret Show Ltd. to be sent to their user profiles on bilianayotovska.com, Facebook or anywhere else online, or to the e-mail address they have provided.
V. Technical Steps for the User-Buyer to Conclude a Distance Sales Contract through the Website secretgardenlabel.com
1) By loading the home page bilianayotovska.com, the user can read in detail a published offer, which in most cases relates to the sale of an offered product/service. In a prominent place on the home page, the user can find the details of the company maintaining the website, as well as the General Terms of Use of the website and the General Terms for concluding a distance sales contract.
2) By performing an active action – selecting a link, banner, active button or image – the user declares that they are familiar with the General Terms of Use of the website.
3) If the user wishes to conclude a contract through the platform provided, they should reach a page of the website containing a specially designed interface through which they will make the electronic statement to conclude a distance sales contract. If the user is not yet registered on the website, they should complete a short registration procedure in which, voluntarily and in accordance with these General Terms, they provide the data necessary for concluding and performing the contract. On registration, the user creates a user profile with a virtual wallet, which is topped up with the user's funds.
4) The price under the contract is paid using the methods listed exhaustively on the website. Making the payment is, on the one hand, a voluntary statement by the user that they agree to pay for the service and, on the other, an electronic statement by the user that they agree to the General Terms of Use of the website and the General Terms of Sale, which they have read, approved and chosen.
5) After the contract is concluded, the user receives, in a designated place in the user interface provided by Top Secret Show Ltd., a message that their electronic statement has been successfully received, which confirms that the contract has been concluded. From then on, the parties to the contract are governed by the General Terms.
6) Any change in the circumstances relating to the contract is communicated to the user in the user interface provided by Top Secret Show Ltd. Transfers of money from Top Secret Show Ltd. to users of the website are made only by bank transfer, and all transaction costs incurred in connection with the amount transferred are borne by the receiving user.
VI. Additional Terms
1) Top Secret Show Ltd. reserves the right to amend or supplement these General Terms unilaterally, without notifying the user.
2) The user-buyer declares that they are aware that the services purchased by them through the website fall within the scope of Art. 50(3)(2) of the Consumer Protection Act.
3) The parties declare that if any of the clauses of these General Terms proves invalid, this will not render the contract, other clauses or parts of them invalid. The invalid clause will be replaced by the mandatory provisions of the law or established practice.
4) The promotions offered for each product are individual. Top Secret Show Ltd. reserves the right to change the terms of the promotions.
5) All matters not covered by these General Terms are governed by the applicable legislation of the Republic of Bulgaria.
6) These General Terms may be reviewed and updated at any time by Top Secret Show Ltd. If you continue to use the website, you expressly agree to the changes made.
Top Secret Show Ltd.
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