GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY

 

These conditions aim to guarantee our customers’ rights in accordance with the requirements of the Consumer Protection Act, Personal Data Protection Act and Electronic Commerce Act.
These General Terms and Conditions settle the relationship between the Artist (Seller) and the Consumers (Clients), who use the online store nedanacheva.com for purchasing paintings (works of art). When clicking on an object, painting, link (which is different from the General Terms and Conditions) or clicking a button, located on the website www.nedanacheva.com, it is considered that you have accepted or that you have agreed to the below described General Terms and Conditions. These General Terms and Conditions comply with the requirements of the Consumer Protection Act (CPA) with the following website https://kzp.bg/, as well as with the other regulations in force in the Republic of Bulgaria.

 

1.DEFFINITIONS
The “SELLER” is the Internet website www.nedanacheva.com, which is owned by Neda Nacheva and it serves as a virtual platform for the sale of works of art. The Seller is the person that the Customer concludes a contract for distance sale of a specific painting (work of art) at the e-shop.
The “CUSTOMER” is an active person who has agreed to these General Terms and Conditions in relation to ordering and purchasing works of art that are offered in the e-shop.
The website www.nedanacheva.com is a virtual platform for offering works of art for selling and reaching an agreement between the SELLER and the CUSTOMER for the order and purchase and sale of a specific painting (work of art).
In accordance with these conditions the SELLER is fully entitled to unilaterally change the content of the Internet website, as well as the methods for access to it.
The “ORDER” is the request made by the Customer towards the Gallery for purchase of one or more specified works of art (paintings). The Order is being packed and sent via courier to the Customer’s address, specified in advance, after it had been approved via email or phone call. The approval via email is done by sending a confirmation email. The approval via phone call is done after call made by the SELLER for a confirmation.
The “CONTRACT FOR SALE” is the contract for purchase and sale of a work of art (painting) between the Seller and the Customer, concluded from a distance via this website (www.nedanacheva.com).
The “COURIER” is the trader who physically delivers the purchased painting (work of art) to the specified Customer’s address and works under the requirements of the Postal Services Act.

 

2. CONDITIONS FOR THE WEBSITE USE
2.1. Browsing through the website gallery is completely free and accessible from every point in the world.
2.2. The Customer is not required to be registered and to provide personal data in order to shop form the gallery. Upon the explicit wish of the Customer, he/she can make a registration and provide his/her personal data, as the artist is a registered Administrator of personal data under the meaning of the Personal Data Protection Act (PDPA) and is entitled to collect, process and use the personal data of his customers in view of the e-shop needs, having the obligation at the same time to keep these personal data confidential, not to use them for any other purposes, or to provide them to third parties.
2.3. For every painting in the gallery at www.nedanacheva.com, which is available for sale, there is a price specified, the main characteristics and additional information, aiming to help in making an informed choice upon the purchase of the specific work of art.
2.4. All prices specified on the website are final.
2.5. On the right part of the page, next to every painting for sale, there is also “Buy” button available. By pressing the “Buy” button, the selected product is being transferred into the Customer’s Cart. The content of the cart is saved until the Customer decides to proceed to the purchase of the selected paintings (works of art). By pressing the “View Cart” button, the Customer can review the content of his virtual collection, to add new paintings or to remove those he does not want. After pressing the “Order Completion” button, client’s data, delivery data, and review of the virtual collection appear.

 

3. ORDERING WORKS OF ART
3.1. To make an order from the gallery, the Customer should specify:
3.1.1. Valid email address;
3.1.2. Correctly filled in address for delivery and invoicing;
3.1.3. Correctly filled in contact data– two names, telephone number.
3.2. The Order is activated, i.e. requested from the gallery by clicking the second button “Order”, located after the data for delivery, and on the method of payment of the order.
3.3. Upon a successful order that was made, the Customer receives order confirmation via email on the email address specified by him. At the email confirmation the ordered painting (work of art) is specified, as well as the order number, the date and the hour when the order was made. A confirmation via phone is made upon a first order or upon necessity of additional information for any clarification that needs to be made in relation to the order.
3.4. In case that the ordered painting (work of art) is not available, the Artist shall notify the Customer. If the Customer does not agree the order to be referred to another painting (work of art), the order shall be cancelled.
3.5. The Orders at the online shop www.nedanacheva.com shall be accepted 24 hours per day, 7 days a week.
3.6. The Orders are cancelled if they are received without specific data of the Buyer (Customer) or some data is missing, and the Seller does not receive the specific data 48 hours after the order was placed. Such Orders receive the status “REJECTED” due to impossibility of being fulfilled.
3.7. The Customer may cancel an order that has been made, without the necessity of specifying the reason for the refusal.
3.8. Order cancellation can be made via a phone call or via an e-mail to the email address specified on the website: sales@nedanacheva.com

 

4. DELIVERY OF ORDERED WORKS OF ART
4.1. After a Customer’s order enters into the system of www.nedanacheva.com, the atomized system of the gallery shall notify the Customer with an email for the successfully accepted order.
4.2. Deliveries are made only after Orders have been successfully made. When packing the ordered painting (work of art), the Customer shall be notified via a phone call or email that the painting (the work of art) is passed on a courier for its transportation to the respective address.
4.3. The delivery of the ordered painting (work of art) shall not be made on Saturday and Sunday and on public holidays, except upon individually agreed conditions.
4.3.1. The Orders shall be delivered within 2-5 business days for the country and in accordance with the schedule of the courier company for abroad, but a delay is possible in rare cases and it shall be specified upon the order confirmation.
4.4. The Seller uses Speedy, Econt and other courier companies, specified by the client, as in certain cases the delivery could be made by the artist.
4.5. The delivery shall be made on the correctly specified Customer’s address or to the office of the courier company in the respective city.
4.6. The delivery of all the Orders shall be in accordance with the courier’s tariffs.
4.7. Every shipment is insured, as the insurance is at the expense of the SELLER.
4.8. If the Customer does not provide access and conditions for the delivery of the painting (the work of art) to the specified address within the specified period or does not go the specified office of the courier company that he chose to receive the painting (the work of art) in time, the Seller shall be relieved from the obligation to fulfil the requested order.

 

5. PAYMENT
5.1. The payment for the ordered painting (work of art) could be made via bank transfer, ePay, PayPal, and regardless of the chosen method of payment, the amount for the payment is the same and there are no additional fees charged for processing the payment.
5.1.1. Via bank transfer under the SELLER’s account;
5.1.2. Via PayPal.me/NedaNacheva;
5.2. For every ordered painting (work of art), the Customer should pay the price announced on the e-shop as of the moment of the order.

 

6. WITHDRAWAL FROM THE CONTRACT. PUT IN A CLAIM.
6.1. The Customer is entitled to put in a claim or return the purchased painting (work of art) within 7 (seven) days after receiving the painting (the work of art).
6.2. Withdrawal from the contract can be also made in front of the courier, upon the delivery of the painting(the work of art).
6.3. In an event of withdrawal from the contract, the Customer shall be obliged to return the purchased painting (work of art) preserved and undamaged.
6.4. Upon withdrawal of the contract, if the Customer has paid for the product, the amount paid for the returned painting (work of art) shall be refunded to the bank account specified by him within a period of 10 (ten) days after returning the painting (the work of art). Amounts shall not be refunded until the Customer returns the painting (the work of art). If the latter does not return it within the period specified under item 6.1, the withdrawal of the contract shall not take an effect.
6.5. A claim is made when the purchased painting (work of art) does not correspond to the agreement between the parties under the sale contract. The discrepancy in the agreement between the parties may express:
- damaged integrity of the painting (the work of art);
- the wrong painting (work of art) was sent, different from the one that had been ordered;
- discrepancy with the description of the painting (the work of art);
- the painting (the work of art) was damaged during transportation.
6.6. The frames for the paintings are not a subject of this contract and do not form part of the purchased painting. Within this meaning, the Artist shall not bear any responsibility for any transport or other defects of the frame.
6.7. The claim can be submitted in front of the Artist to the provided email address sales@nedanacheva.com, and at the same time the Customer should return the goods within a one-month period.
6.8. In an event of a claim, the Customer can choose to replace the specific painting (work of art) with another one upon alignment of prices – either the Customer pays in addition if the other painting (work of art) is more expensive, or the Customer is refunded with the amount of the difference between the replaced and the new painting (work of art), if the price of the new painting is lower than the price that had been paid by the Customer.
6.9. Returning the painting (work of art) due to a claim, in the cases different from damages during transportation, shall be carried out under the following conditions:
- Well preserved artistic appearance (the painting is not torn, scratched, stained, damaged).
6.10. In case of replacement of the works of art, transportation costs shall be at the expense of the Customer in both directions, except if the replacement had to be made due to the SELLER’s fault.

 

7. CONDITIONS FOR COPYING INFROMATION
7.1. The entire information published on the website www.nedanacheva.com, is a property of the Artist, including photos and descriptions of paintings (works of art).
7.2. Copying texts and photos from www.nedanacheva.com and their use for other websites and online stores without the explicit consent of the Artist or without citing the source, and placing the following text: “Source: online website www.nedanacheva.com”, is strictly forbidden

 

8. RESPONSIBILITY
8.1. The Seller of the painting (the work of art) shall bear the responsibility for any defects of the painting (the work of art), for the contract execution of a distance sale, as well as for refunding paid amounts. He has the obligation together with the painting (the work of art) to provide also information on paper – an invoice that helps the Customer in exercising his rights.
8.2. SELLER shall not bear any responsibility in front of third parties if such party considers the information published at the gallery as a violation to any copyrights or other intellectual property rights.

 

9. PERSONAL DATA PROTECTION
Data protection is of particular importance to us.
We aim our webpage to be user-friendly and to contain as much information as possible so that could be interested for you. We also take care of its safe use in order to be sure that your personal data and rights have been protected.
9.1. What kind of personal data do we proceed?
You have the opportunity to provide different personal data (for example, email, address, name) at our website. The provision of this data is completely voluntary.
Every time when a customer opens our webpage and reviews the menus in it, we receive information under the form of an information protocol with the following content:
• the webpage that directed you to us
• IP-address
• date and duration of the access
• customer’s inquiry
• quantity of data transferred
• information about the browser and the operating system that you use.
9.2. “Cookies”
We use “cookies” in order to make your visits to the webpage GALLERY as functional as possible. The Cookies are small text files that are stored on your hard disk.
You will find a list of our “cookies” below and the purpose that we use them for. Some of them contribute for the optimum use of our webpage. They are already saved on your computer without us having the opportunity to ask for your consent. Other “cookies” shall be saved after we had taken your consent.
Of course, every browser can be set in a way not to save “cookies” or to delete ones already existing. In order to inform yourself how to do this, you should make a consultation with the manufacturer of your browser and find out how to remove the “cookies” or you can use the instructions.
9.3. How do we process your personal data?
We use your data only for the specified purposes. When we process your inquiries and when you use our services, we sometimes use subcontractors who receive only data, related to the order.
The information protocol and the data in it are stored due to our systems security, in order to identify any hacker attack. We shall not be able to attach a specific protocol to a specific person. We do not compare information from one database to another.
The data that we receive voluntarily from you shall be stored so that we can:
• send you e-newsletter if you have subscribed to it;
• process your inquiries and the Orders;
If you have agreed to receive your newsletter, we use your email in order to send you up-to-date information about new paintings from the website gallery.
After we have achieved our goal to for collecting your personal data, we undertake the obligation to immediately destroy them unless there is a legal period for storing them.
9.4. What are your rights?
Upon request you have the right to receive information about the personal data collected from you. You have the right at any time to refuse the collection and the processing of your personal data, as well as to request your data to be deleted, corrected or blocked. For this purpose you need to send an email at the contact details published on the website.
If you have agreed to receive our newsletter, you have the right to refuse it at any time, using the option Opt-Out-Cookie, provided at the end of every newsletter.
9.5. Google Analytics:

Този уебсайт използва Google Analytics („Гугъл Аналитикс“), услуга за уеб анализ, предлагана от Google, Inc („Google“). Google Analytics използва т.нар. cookies („бисквитки“), представляващи текстови файлове, запаметени на вашия компютър, за да направи възможен анализа на използването на сайта от потребителите. Информацията за използването на този сайт, придобита посредством бисквитки, обикновено бива предавана и съхранявана от Google на сървъри в САЩ. На този сайт е активирано IP обезличаване, поради което Google ще заличи частично IP адреса на потребител в държавите-членки на Европейския съюз, както и в другите страни по Споразумението за Европейското икономическо пространство. Само в изключителни случаи пълният IP адрес се изпраща и заличава частично на сървъри в САЩ. По възлагане на оператора на този уебсайт Google ще използва тази информация, за да оцени използването на сайта, за съставяне на отчети за уеб-активности и предоставяне на оператора на сайта на други услуги, свързани с използването на сайта и използването на интернет към сайта. Google няма да свързва IP адреса, изпратен от вашия браузър чрез Google Analytics, с други данни, съхранявани от Google.
You can prevent storing the cookies via the respective settings on your browser. Please note that if you do that it is possible that you many not be able to use all the features of this website.
You can also prevent the collection of data, derived through the cookies and related to the use of the website by you (including the IP address), done by Google, as well as data processing by Google, when you download and install the browser plug-in located on the following internet address: https://tools.google.com/dlpage/gaoptout?hl=en. Please note that using the browser plug-in is limited only to the respective browser and the respective computer and after its installation it shall not be possible to be deleted in order to maintain the deactivation of Google Analytics. Google’s Privacy Policy can be found at http://www.google.com/intl/bg/policies/privacy/.
You can also turn off the collection of data by Google Analytics by clicking on the following link. An Opt-Out-Cookie shall be created on your computer, which prevents the future collection of your data, when you visit this website.

 

10.CONTACT

Every Customer can contact the SELLER in order to ask questions, make suggestions and receive information.
The contact can be fulfilled via the email specified on the website, as well as at phone number +359 897870677.