General Terms and Conditions for using the site of BULGARIAN PROPERTIES
Last changed 29.05.2018
The present GENERAL TERMS AND CONDITIONS govern the relations between Bulgarian Properties Ltd., hereinafter: "BULGARIAN PROPERTIES” or „Agency“, from one side, and the Users of web-pages and services at the domain https://www.bulgarianproperties.com (hereinafter: Users), on the other side.
BULGARIAN PROPERTIES is a company registered under the Commerce Act of the Republic of Bulgaria with UIC 131164582, VAT Number: BG 131 164582, with registered office and address of management: city Sofia 1407, district Lozenets, № 22 Zlaten Rog street, fl. 4, office 7, email: info [at] bulgarianproperties.com, phone number: +359 2 9 11 50.
Until 25.05.2018, the AGENCY, which is a registered personal data controller, according to Certificate № 123595/04.10.2013 issued by the Commission for Personal Data Protection, has been processing Users' personal data according to the Personal Data Protection Act.
Please read carefully the following General Terms and Conditions before using the information and commercial services provided by the site of https://www.bulgarianproperties.com (hereinafter: "Services"). By visualizing https://www.bulgarianproperties.com each User automatically undertakes to comply with the following terms as described further below. Should you have any questions please do not hesitate to contact us at +359 2 9 11 50 or email info [at] bulgarianproperties.com.
The present terms contain information about the activities of BULGARIAN PROPERTIES and the general terms for using the services, provided by BULGARIAN PROPERTIES, by regulating the relations between us and each of our users.
By visiting our site as well as by pressing any button on the said site it will be deemed that you are familiar with the General Terms and Conditions and you undertake to comply with them.
The present General Terms and Conditions can be amended at any time by BULGARIAN PROPERTIES in order to improve the quality of the provided services including by introducing new ones. In such case the amended General Terms and Conditions will be published on this web-site with new "Last change" date in the upper part and shall enter into force on the date of their publication. Such changes can also result from changes in the Bulgarian legislation. BULGARIAN PROPERTIES reserves the right to change the General terms and conditions at any time and at its own discretion. The changes will be published on the official page of the site and shall come into force from the data of their publication. The users of the site services are to check the updates of the General Terms and Conditions and adjust their actions accordingly.
The provisions of the acting Bulgarian legislation shall apply to all matters not regulated by the General Terms and Conditions and the Bulgarian courts of justice shall be competent for the resolution of any possible dispute. The parties hereby agree that in case any of the provisions of the present General Terms and Conditions becomes invalid this shall not result in the invalidity of the entire contract or any other parts thereof. Any clause that is found to be invalid shall be replaced by the imperative provisions of the law or the established practices.
art. 1. The services provided by BULGARIAN PROPERTIES to the User represent information society services in the sense of the E-Commerce Act.
art. 2 On its website BULGARIAN PROPERTIES provides offers for sale or rent of real estate properties for the prices listed at the site https://www.bulgarianproperties.com. The offers have been provided by sellers, lessors, construction developers, investors, agencies and other parties in contract relations with Bulgarian Properties Ltd.
art. 3 The information under art. 2 of the present General Terms and Conditions, that shall be provided to the User or to any other user, has the purpose of enabling BULGARIAN PROPERTIES to assist the User in purchasing or letting a property.
art. 4 All services provided by BULGARIAN PROPERTIES and all relations between us and the respective client/s, shall be settled with a separate written contract which shall come into force when signed by the company, on one hand, and by the respective client/s, on the other side. For further information about the types and prices of the services we provide, please visit this page: Services and prices of BULGARIAN PROPERTIES
art. 5 (1) The provision of real estate property offers by BULGARIAN PROPERTIES on this website shall be deemed as an offer by the Agency to act as a consultant and to provide intermediation services for the purchase of purchase/sale of the respective property on offer, unless otherwise specified in the respective offer.
art. 5 (2) Using the information according to art. 2 of the present General Terms and Conditions, the User undertakes to sign a protocol for views of properties made with the assistance of the Agency, as well as to sign intermediation contract with BULGARIAN PROPERTIES for the purchase/letting of a property with the intermediation of the Agency.
art. 6 (2) The User shall be entitled to object against the sending of commercial messages by unsubscribing using the options provided or by sending a withdrawal to BULGARIAN PROPERTIES. The User shall also expressly notify BULGARIAN PROPERTIES in case he does not want any of the personal data he/she has provided to be subject to direct marketing.
art. 7. (1) BULGARIAN PROPERTIES has legitimate interest to collect and process information about the Users on the grounds of their voluntary identification, provided in an informed manner. The information that can be used for identification of the person, can include the following personal data: name, surname, date of birth, address, phone number, email, IP address, as well as any other identification provided by the individual in the course of the identification, as well as data about the property sought by the individual - type, area, location, neighbourhood of the property, construction type. The information also includes any other data that entered, used or provided by the User in the course of using the Services provided by BULGARIAN PROPERTIES.
art. 8 In the identification form, to be filled in by the User, BULGARIAN PROPERTIES will indicate whether it is mandatory or not to provide certain data and the respective consequences of not providing such data.
art. 9 (2) At the time of identification, the User makes an electronic statement in the sense of the Electronic Documents and Electronic Signature Act, thereby declaring that he/she is acquainted with the present General Terms and Conditions, accepts them and undertakes to comply with them. By its storage on the BULGARIAN PROPERTIES server through common standard for transformation by technical means, enabling its reproduction, the electronic statement becomes an electronic document in the sense of the above said Act. BULGARIAN PROPERTIES may store in the log-files on its server the IP address of the User, as well as any other information necessary for his/her identification and the reproduction of its electronic statement for acceptance of the General Terms and Conditions in case of a dispute. Тhe text of the present General Terms and Conditions can be accessed by internet from the site of BULGARIAN PROPERTIES in a format allowing for its storage and reproduction.
art. 9 (3) When filling in the identification form the User is obligated to present complete and true data about his/her identity (for individuals), the legal status (for legal entities) and any other data required by the e-form of BULGARIAN PROPERTIES, as well as to update them within 7 (seven) days term of their change. The User declares that he agrees to provide the so-required personal data and guarantees that the data he/she has provided in the identification process is accurate, complete and true and that in case of change he/she will update it promptly. In case untrue data has been provided BULGARIAN PROPERTIES shall be entitled, at its discretion, to suspend the provision of the services immediately and without advance notification. The above shall also be valid in case the provided services are being used in violation of the present general terms, the legislation of the Republic of Bulgaria or the generally accepted moral standards.
art. 10 This site may contain links to other sites. These sites have been provided for your service and information and as such you can use them at your own responsibility. The contents of such sites is not related to BULGARIAN PROPERTIES and we do not support this content, irrespective of whether we are partners with such sites' owners or not. BULGARIAN PROPERTIES rejects any responsibility for any damages or losses the Users may incur as a result of using such sites. BULGARIAN PROPERTIES is not responsible for the contents of third-party sites, as well as for the existence of viruses or other harmful components of such sites.
INTERMEDIATION AND SERVICES
art. 11. (1) The Users use the interface of the BULGARIAN PROPERTIES website in order to see the properties offered by BULGARIAN PROPERTIES and to use the services offered by the company.
art. 11 (2) The contract for the provision of a certain service is considered effective upon the signing of a written contract between BULGARIAN PROPERTIES and the respective user.
art. 12. (1) The prices of the properties offered by BULGARIAN PROPERTIES, are those specified by the Users (sellers, lessors, construction contractors, investors, agencies or other parties working on the basis of contract relations with Bulgarian Properties Ltd.), and BULGARIAN PROPERTIES cannot be held responsible for any inaccurate and/or outdated prices announced by the User.
art. 12 (2) The prices of the properties offered are in Euro and include VAT unless specifically stated that the price does not include VAT.
art. 12 (3) BULGARIAN PROPERTIES reserves the right to change at any time and without advance notification the prices of the published offers, however, such changes will not affect any contracts that have already been signed.
art. 13. (1) BULGARIAN PROPERTIES cannot be responsible for the truthfulness or up-to-date status of the published offers. BULGARIAN PROPERTIES does not guarantee, and cannot be held responsible for anything resulting from using the site, or the reliability, accuracy or validity of the content, the description of properties and pictures, services or products, acquired as a result of the website's use.
art. 13 (2) You expressly agree that the use of this website is entirely at your responsibility and any damage caused to your equipment as a result of its use will also be at your expense.
art. 13 (3) BULGARIAN PROPERTIES rejects any responsibility regarding the content, marketing of products and services and their correspondence with specific purposes. You expressly agree that BULGARIAN PROPERTIES will not owe any compensation for damages or losses (whether actual, subsequent, penal or others), damages or losses of any other kind whatsoever, resulting from the use of this website or the link to this site. BULGARIAN PROPERTIES will not owe any compensation for any damage or error in the course of this site's use, miss, interruption, defective operation, computer virus, theft or damages resulting from the use of information, opinions or other materials from this website.
art. 13 (4) BULGARIAN PROPERTIES does not guarantee that the functions contained in this website are free of errors, that the defects will be repaired or that the server providing the content, is free of viruses of other harmful components.
art. 13 (5) You agree to safeguard, protect and hold BULGARIAN PROPERTIES and their suppliers, employees, officers, partners, agents, licensees, harmless against losses, expenses, damages of any kind that may result from any breach of the terms and conditions for use of this website. You expressly agree that BULGARIAN PROPERTIES will not be responsible for any deformation, insulting or illegal behaviour by other users on the site or by third parties.
art. 14 BULGARIAN PROPERTIES is entitled to suspend the access to the website for certain mobile numbers, IP-addresses or e-mail addresses, which were used for systematic violations of the present General Terms and Conditions.
art. 15. (1) The intellectual property rights on any materials and resources on the BULGARIAN PROPERTIES site, including, but not limited to, any published texts, pictures, photos, illustrations, graphics, computer programs, available databases, as well as any information that is uploaded to the site, are subject to protection under the Copyright and Similar Rights Act, belong to BULGARIAN PROPERTIES or to the respective specified person who has granted BULGARIAN PROPERTIES the right to use them, and cannot be used in violation of the acting legislation.
art. 15 (2) The trademarks (both registered and non-registered), published on the website, are protected by the applicable laws. Nothing contained in the present General Terms and Conditions shall be interpreted as granting consent for the use of the BULGARIAN PROPERTIES trademark.
art. 15 (3) The User's right of access does not include the right to use, copy or reproduce information, subject to intellectual property rights, unless the information is insignificant in terms of volume and is meant for personal use, provided that does not unjustifiably damage the legal interests of the authors or other holders of intellectual property rights and in case the copying or reproduction have a non-business purpose.
art. 15 (4) Upon copying or reproduction of any information beyond the acceptable volume as defined in the preceding paragraph, or in case of any other violation of the intellectual property rights pertaining to the resources of BULGARIAN PROPERTIES, BULGARIAN PROPERTIES shall be entitled to seek compensation both for direct and indirect damages to full amount.
art. 15 (5) in the course of using the access to services provided by BULGARIAN PROPERTIES, the User undertakes to: to comply with the Bulgarian legislation, the present General Terms and Conditions, the Internet ethics, the rules of good manners; to not harm the reputation of anyone else and not to instigate violent change of the constitutional order, to a perpetration of a crime, towards violence against any person, or inciting conflict on racial, national, ethnic or religious basis, to not propagate fascist or any other anti-democratic ideology, to not violate third party material or non-material rights, including intellectual property rights; to immediately notify BULGARIAN PROPERTIES of any case of performed or found violations; to not interfere with the proper functioning of the system, including, but not limited to, not impeding the identification procedure of another User, to not use access beyond the one granted, to not damage or impede the availability, reliability or quality of the granted access, as well as not to use it in a manner inducing anyone to reject using it; to not extract by technical means or in a technological manner any information resources or parts thereof, belonging to the databases on the BULGARIAN PROPERTIES website and thereby to not create one's own database in electronic or in any other format; to not impersonate another person or in any way to mislead other people in terms of his/her identity or being part to a certain group of people; to not engage in any malicious activities in the sense of the present General Terms and Conditions.
art. 15 (6) Unless expressly agreed, the User cannot reproduce, change, delete, publish or proliferate in any manner the information resources published on the BULGARIAN PROPERTIES website.
art. 16 (1) BULGARIAN PROPERTIES shall be entitled to deactivate or delete a username and password for access to the user profile of the User, in case the latter breaches any intellectual property right of BULGARIAN PROPERTIES concerning any elements contained on its site, that are subject to intellectual property rights.
art. 16 (2) All rights that were not expressly conferred shall be reserved for BULGARIAN PROPERTIES.
art. 17. BULGARIAN PROPERTIES uses small files through which the site "orders" the user's browser to store information on the device he uses (Cookies).
Should you have any questions regarding the present General Terms and Conditions regarding the use of the site please call us at. +359 2 9 11 50 or send us a notification, by filling in this form.