These General Conditions of Use are an agreement regulating the relations between SMILE GALAXY LTD. (the company) in its capacity of an administrator of the website www.smilegalaxy.net (the site) and its end users.
SMILE GALAXY LTD. is a commercial company seated in Plovdiv, Bulgaria with legal address: 23, Slaveevi gori Str., floor 1, office 1, 4004 Plovdiv, Bulgaria. The company is registered in the Commercial Register and the register of Non-profit Legal Entities to the Registry Agency with Unified Identification Code 201546470 and is represented jointly and severally by its managing directors Ivan Goryalov and Silvana Goryalova.
The present agreement applies to information services and systems accessible through the site, shortened mobile versions of the site or its applications, as well as all other applications and services, which are or can be related to this agreement.
By loading the site on a terminal device the user agrees to get acquainted with the General Conditions of Use of this site and its applications and act in compliance with them.
In application and interpretation of these General Conditions the terms referred to hereafter have the following meaning:
The Company allows the User to use the Services provided by the Site in a reasonable and well- minded manner strictly following the rules and requirements of these General Terms and Conditions.
The user agrees to accept and be bound by the present General Terms and Conditions of Use of the Site by the very fact of loading its contents in the memory of the terminal used.
Provision of Services does not involve provision of computer and/ or other client equipment (terminal devices for Internet access) and connectivity for transfer of information packages between user and website needed for access to the site.
As the Services provided are varied and continuously increased, modified and developed in order to be improved and made more efficient they can be modified by the Company at any time.
Territorial and Personal Scope
The Site and the Services offered are not limited to any specific territory.
The Site and the Services offered are mainly directed to Users from the European Union.
The Site and the Services offered can be directed to third-country users as well without any discriminatory features.
Purpose of the Site
The Site has the following three purposes:
Firstly, to inform the Users about the company’s activity, the products and services it offers as well as about conditions of sale and cooperation.
Secondly, to create a platform for online orders through which Users can enter into contracts for purchase of goods and services offered by the Company and make payments online.
Third, to give Users Company contact data in case they need additional information, have inquiries, comments or recommendations or to receive information about their rights and the way they can be exercised.
Conclusion of Agreement
The Agreement between the User and the Company is in force from the moment an agreement is reached in the way outlined above.
The language of the Agreement is English.
With acceptance of these Terms and Conditions the User agrees communication with him/ her to be done by e-mail as well.
The User agrees to be an addressee and to receive electronic statements from the Site and its administrator.
Both parties agree that the e-mails exchanged between them constitute electronic statements and that the accompanying information constitutes identification of the Site or the User respectively as author and owner of these electronic statements and is an electronic signature acknowledged by both parties as a handwritten signature in their relationship.
This Agreement is valid until the User stops using the Services offered by the Site.
The Site, its services and content are not targeted at minors.
Rights and Obligations of the User
The User is entitled to access in real time (online) the Services offered by the Site in compliance with the requirements set by the Company.
The User is entitled to access User content as well as any other content published in the Site solely for personal purposes.
The right of access granted to the User does not include the right to copy or reproduce information, or to use protected intellectual or industrial property, except for insignificant amount of information intended only for personal use, provided that such use does not harm legitimate interests of authors or other holders of intellectual or industrial property rights, and copying or reproduction are for non-commercial purposes.
When using the Site services the User has the following obligations:
Electronic Sales
Once a valid purchase order has been generated Users receive confirmation at the email address they have given.
Users can pay only by bank cards. Bank card payments are made via Unicredit Bulbank online POS terminal, ensuring a high level of security in virtual money transactions.
When the User confirms his/her purchase order the General Terms and Conditions of Use of the Company come into force.
Limited Liability
The Company provides services to the User ”as they are”and “as they are available”.
The Company does not guarantee or promise any concrete results from the site use or long-term use of the Services.
The company does not guarantee that:
Under no circumstances will the Company be held liable for any loss or damage resulting from:
The Company is not responsible if the User cannot access the Site due to problems beyond the control of the Site – software, hardware, Internet connection problems or force majeure.
The User accepts responsibility for any maintenance, repair and connection costs of his/ her computer system as well as of any other property needed for use of the Site services.
The Company reserves the right to interfere regularly with the functionality of the Site, including but not limited to discontinuing User’s access provided there are reasonable grounds for it.
Liability
To the fullest extent permissible by the applicable law the Company will not be liable for damages suffered by the User, which are 1. Indirect, 2. Consequential; 3. Incidental, 4. Criminal, including damages for lost profits arising from use or inability to use the Services.
The Company may unilaterally modify these Terms and Conditions at any time and without prior notice.
All amendments to these Terms and Conditions will be applicable in the future.
With any use of the Services and resources of the Site, including loading the Site on the Internet as well as clicking on a link on any of the Websites on the Site the User declares that he/ she has read the present Terms and Conditions, agrees with them and is committed to act in compliance with them.
If the User continues to use the Site after changes of the General Terms and Conditions have been made, this confirms his/her acceptance of the changes as binding.
In case the User does not agree with the General Terms and Conditions, he/ she should stop using the Site or any of its services.
This agreement shall enter into force immediately upon its acceptance by the User and shall have effect until the User ceases to use the services.
Both parties accept that mutual understanding and reasonable concessions would be the basic principle for implementation of this agreement and in this sense they would settle all controversial issues by means of friendly negotiations.
Any dispute, disagreement or claim arising or related to compliance or non-compliance of this agreement should be resolved by the parties through negotiations with goodwill.
In case both parties cannot resolve disputes arising or related to compliance or non-compliance of the agreement, they agree to submit such disputes to the competent Bulgarian court in accordance with the rules of generic jurisdiction and the applicable law of the Republic of Bulgaria.
In case of an international private dispute the court with jurisdiction to hear the dispute would be appointed in compliance with the rules of international private law.
The applicable law to this agreement is the law of the Republic of Bulgaria. In case of an international private dispute the applicable law will be determined in accordance with the rules of the international private law.