Copyright © 2018 - 2019 PINEXL Ltd.

Terms of Service of

PINEXL

The current Terms of Service govern the relations between "Pinexl" Ltd., referred to as "Pinexl", on one part, and the Consumers of internet pages and services, placed on the site (referred to as Consumers), on the other side.

“Pinexl” Ltd. is a legal entity, registered in the Bulgarian Commercial Register with UIC 205369793 , with seat and management address Sofia 1113, Latinka Str. 16, ent.A, fl.2, app.2 , e-mail address: contact@pinexl.com.

 

Please, read entirely the published Terms of service before using the information and commercial services, provided by the Site (referred to as Services).

 

The current document contains information about the activity of “Pinexl” and the Terms of service, provided by “Pinexl”, which govern the relations between us and each of our Consumers.

 

Confirmation of the Terms of service is an obligatory condition for concluding a contract between the Consumer and “Pinexl”

 

With accepting the Terms of service the Consumer is agreeing for his personal data to be processed on the grounds of the concluded contract between him and “Pinexl” Such personal data is name and e-mail.

DEFINITIONS

For the purpose of these Terms of service, the following Terms are to be understood as follows:

 

Site - www.pinexl.com and all of its subpages

Consumer - is any natural person who acquires goods or services that are not intended to engage in commercial or professional activity and any natural person who, as a party to a contract, acts outside the scope of his trade or profession.

Terms of service - the current Terms of service which include Terms of service, cookies policy, registration and delivery rules, voluntary dispute resolution, contract return form, guarantee form and any other legally relevant information that is on the Site.

Personal data - any information about an individual which reveals his or her physical, psychological, mental, family, economic, cultural or social identity.

Service - any material or intellectual activity, which is carried out in an independent manner, and is intended for another person and is not the main object of transferring possession of a good.

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 is obliged to pay the price for the service.

Alternative Consumer Dispute Resolution- an out-of-court settlement procedure for Consumer disputes that meets the requirements of the Consumer protection act and is executed by an alternative Consumer dispute resolution body.

PROVIDED SERVICES

Art. 1. On the Site the Consumers have the option to conclude contracts of service for the suggested from "Pinexl" services.

Art. 2. (1)  Digital services are provided to the Consumer in the form of a downloadable link that is generated on the "Thank you" page of the site. At the same time, the user receives a confirmation email with the link. The link is active within 30 days.

(2)         After expiration of the term under para 1, the link becomes inactive. The Consumer has the right to contact "Pinexl" for a new link, but not later than 3 months from the order.

 

 

ORDER

Art. 3. (1) Consumers are using the interface of the website of “Pinexl” for concluding Service contracts for the offered from “Pinexl” services.

(2)         The Service contract is considered concluded at the moment of confirmation of the order from  “Pinexl”.

(3)         The Consumer chooses one or more of the offered on the Site services.

(4)         It is required that the Consumer picks a method of payment of the price, after which he should confirm the order by the interface of the site.

(5)         When making an order, the Consumer receives a confirmation by e-mail, that his order has been accepted.

 

Art. 4. (1) “Pinexl” can refuse conclusion of contract with an abusive Consumer

(2)         “Pinexl” can treat a Consumer as abusive in case:

  1. there is a non-compliance with the Terms of service;

  2. there was established an abusive, arrogant or rude attitude towards the representatives of the “Pinexl”;

  3. there were established systematic Consumer abuses towards “Pinexl”

 

PRICES

Art. 5. (1) The prices of the suggested services are these, listed on the website of “Pinexl” at the moment of placement of an order, except from the cases of an obvious mistake.

(2)         The prices include VAT in cases the charging is applicable.

 

Art. 6. “Pinexl” has the right to alter at any moment and without notice the prices of the offered services on the Site, taking into account that such changes will not affect already placed orders.

 

Art. 7. (1) “Pinexl” can give discounts for the services, provided by the site under the applicable legislation and the rules defined by “Pinexl”. The rules, applicable to such discounts, are available at the place, where the discount is showed. Discounts may be made in different variations (for example promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or a client research).

(2)         Different types of discounts can’t be combined in case of ordering and buying the same service.

 

PAYMENT

Art. 8. The Consumer can pay the price of the ordered services by choosing one of the listed methods on the website. On the website payment can be made by: by credit or debit card or through the PayPal payment system.

 

Art. 9.  If the Consumer picks a method of payment, including a Third Party - provider of payment services, the Consumer may be obliged by the regulations and conditions and/or taxes of such a Third Party.

 

Art. 10.  “Pinexl” is not liable if a certain method of payment, including a Third Party - provider of payment services, is not available or in other aspect is not working due to reasons, for which “Pinexl”can't be held accountable for.

 

WITHDRAW FROM THE CONTRACT AND REPLACEMENT

Art. 11. (1) The Consumer can withdraw from the contract without pointing out a reason, without being liable for any damages or penalty, in a 14-day period, as of the date of conclusion of Service contract.

(2)         In order to exercise his right under this section, the Consumer should notify “Pinexl” unambiguously about his decision to withdraw from the contract, by individualising the services by giving all data about the placed order, including, but not limited to: content and cost of the order, data of the person, who has placed the order, etc.

(3)         “Pinexl” publishes on its website a Return form and Guarantee form.

(4)         “Pinexl” provides to the consumer the opportunity to fill and send online a standard return form or another unambiguous application. In these cases “Pinexl” immediately sends to the Consumer a confirmation of receiving the withdraw.

(5)         When “Pinexl” has made expenses regarding the  performance of the contract and the Consumer withdraws from the contract, “Pinexl” has the right to keep the sum for the expenses made and to require their payment.

 

Art. 12. (1) The Consumer does not have the right to withdraw from the contract in cases when a subject matter of the contract are:

  1. the provision of services, when they have been fully provided, if the performance has begun, with the Consumer's express agreement and confirmation on his side that he knows he will lose his right of withdraw, when the contract is fully operated by the Trader;

  2. for the supply of goods and the provision of services whereof the price is dependent on fluctuations in the financial markets which cannot be controlled by the supplier and which may happen during the period of exercising the right of withdraw;

  3. for the supply of goods made to the Consumer's specifications or clearly personalized;

  4. for the supply of goods which, by reason of their nature are liable to deteriorate or expire rapidly;

  5. for the supply of sealed goods that have been unpacked after delivery and can not be returned for reasons of hygiene or health protection;

  6. for the supply of goods which, after being supplied and by their nature, have been mixed with other goods from which they can not be separated;

  7. for the supply of alcoholic beverages the price of which has been agreed at the time of conclusion of the sale contract, where delivery can be effected within no more than 30 days from the conclusion of the contract and the actual value of which depends on fluctuations in the market, which can not be controlled by the Trader;

  8. where the Consumer has explicitly requested the Trader to visit him at his home for the purpose of carrying out urgent repairs or maintenance; where, in the course of such a visit, the Trader provides other services in addition to those requested by the Consumer or supplies goods other than spare parts necessary for the repair or maintenance, the renunciation shall apply to those additional services or goods;

  9. for the supply of sealed sound recordings or video recordings or sealed computer software that have been unpacked after delivery;

  10. for the supply of newspapers, periodicals or magazines, except from subscription contracts for the supply of such publications;

  11. concluded during a public auction;

  12. for the provision of accommodation services which do not have the purpose of living, transporting goods, renting out cars, catering or providing services related to recreational activities if the contract defies a specific date or period for implementation;

  13. to provide digital content that is not supplied on a  tangible medium. when performance has begun with the explicit consent of the Consumer who has confirmed that he knows he will lose his right of withdrawal in this way.

 

Art. 13. “Pinexl” reimburses the sum paid to the Consumer.

 

 

COMPLAINTS

Art. 14. (1) The Consumer shall be entitled to complain in respect of any non-conformity of service with the negotiated/ordered.

(2) Regulations, excluding liability

 

Art. 15. (1) The consumer shall be entitled to address a complaint in respect of services, regardless of whether the producer or trader provided a commercial guarantee for the said services.

              (2) The complaint of services may be addressed in a period of 14 days since the non-conformity of the service with the negotiated was found.

 

Art. 16. (1) The complaint shall be made verbally on the phone of  “Pinexl”  or in writing, via the indicated e-mail or by mail to the address of the entity. “Pinexl” presents on its site access to a form of complaint.

              (2)         Upon addressing a complaint, the consumer shall specify the purpose of the complaint, the manner of satisfaction of the

complaint preferred thereby, respectively, the amount of the sum claimed, and contact address, phone and e-mail.

 

Art. 17. Upon submission of a complaint, the consumer shall mandatorily attach the documents supporting the complaint:

1. a cash register receipt or invoice;

2. written statements or other documents establishing the lack of conformity of the services with what

has been agreed;

3. other documents establishing the grounds and amount of the claim.

 

Art. 18.  Addressing a complaint to the trader shall not limit the bringing of an action.

 

Art. 19. (1) “Pinexl” keeps a register of the complaints submitted. The document consisting the submission number of the complaint from the register and the type of service is sent to the email, provided by the consumer.

 

(2)         When “Pinexl” satisfies the complaint, it issues a document in 2 copies and provides one of them to the Consumer.

 

 

INTELLECTUAL PROPERTY

Art. 20. (1) The rights of intellectual property over materials and resources, placed on the website of “Pinexl” (including the existing database), that are an object of protection under the Law on Copyright and Neighbouring Rights, are property of “Pinexl” or the indicated person, who transferred the right of use to “Pinexl” and can not be used in violation of the current legislation.

(2)         When copying or reproducing information beyond the legal limits or by any other violation of intellectual property rights on the resources of "Pinexl", “Pinexl”   has the right to make claim for all damages including direct and indirect damages.

(3)         Except as expressly agreed upon, the Consumer may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources posted on the “Pinexl" website.

 

Art. 21. (1) “Pinexl" is obliged to exercise due care to enable the Consumer to have normal access to the services provided.

(2)         “Pinexl" reserves the right to stop access to the services provided. “Pinexl"  has the right, but not an obligation, at its discretion to delete information resources and materials posted on their site.

 

 

TERMINATION AND CANCELLATION OF THE CONTRACT

Art. 22. “Pinexl" has the right at its sole discretion without giving notice to terminate the contract if it finds that the services provided are used in violation of the present Terms of service, the applicable legislation and the generally accepted moral norms.

 

Art. 23. Except as provided in these Terms of service, the agreement between the parties shall terminate upon termination of the activity of "“Pinexl" or termination of maintenance of its website.

 

Art. 24. Except from the case outlined  above, either party may terminate this Agreement by giving one week's notice to the other party in the event of failure to perform the obligations under the contract.

Art. 25. The written form of the contract is considered fulfilled by sending an e-mail message, pressing an electronic button on a content page to be filled in or selected by the Consumer or check box on the website, etc., insofar as the statement is recorded technically in a way that enables it to be reproduced.

 

SEVERABILITY CLAUSE

Art. 26. The parties declare that if any of the provisions of these Terms of service prove to be invalid, this will not invalidate the entire contract or any of its parts. The invalid clause will be replaced by the mandatory rules of the law or established practice.

 

AMENDMENT TO THE TERMS OF SERVICE

Art. 27. (1) “Pinexl" is obliged to notify Consumers for any amendment to these Terms of service within 7 days of the occurrence of this circumstance at the email address specified by the Consumer.

(2)         When the Consumer disagrees with the Terms of service, the Consumer has the right to withdraw from the contract without giving any reason and without being liable for damages or penalty. In order to exercise this right, the Consumer must notify“Pinexl"  within one month of receiving the notice under the preceding paragraph.

(3)         In case the Consumer does not exercise his right to withdraw from the contract in accordance with these Terms Terms of service, the Consumer shall be considered to have accepted the Amendment without objection.

 

APPLICABLE LAW

Art. 28. The provisions of the law of Republic of Bulgaria  shall apply to any cases unregulated under these Terms of service.