1.1. EVERYTHING DATA SOLUTIONS SRL, having its registered office at Barbu Văcărescu 143, Sector 2, Bucharest, Trade Registry No.: 40/7878/2020, Tax Identification Code: RO42763857, hereinafter referred to as the Provider; and
1.2. The Client or User: the natural person, legal person or any other legal entity that interacts with the Platform, creates an account and/or places an order, have agreed as follows:
Definitions:
Platform/Website: https://bulgariatoll.com;
Email: [email protected];
Client: the natural person, legal person or any other legal entity that places an order on the Website;
User: any person who visits and/or interacts with the Website;
Service: the e-commerce service conducted exclusively on the publicly available portions of the Website, meaning the User is enabled to contract services using exclusively electronic means, including other means of distance communication;
Content: all information on the Website that can be visited, viewed or otherwise accessed by using a digital device, namely: the content of any e-mail sent to its Users or Clients by the Provider by electronic means and/or any other available means of communication; any information communicated by any means by an employee of the Provider to the Client, according to the contact information specified or not by the latter; information related to the services and/or fees practiced by the Provider during a certain period; data relating to the Provider or other privileged data thereof.
Services: any service made available to the Client through the Website and which is to be provided after conclusion of the Contract;
Order: an electronic document acting as a form of communication between the Provider and the User by which the User sends the Provider, through the Website, their intention to purchase Services from the Website;
Specifications: all specifications and/or descriptions, as mentioned/described on the Website;
Contract: the placement of a valid Order by the Client and its acceptance by the Provider;
Distance contract: any contract concluded between a professional and a consumer within an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, using exclusively one or more means of distance communication, up to and including the moment the contract is concluded;
Provider to the Client, by using the services of the card processor agreed by the Provider, regardless of the delivery method;
Document: these Terms and Conditions.
2.1. Agreement. By using the Website, the User must agree to the Provider’s Terms and Conditions. The User/Client must read the information carefully. Informing the User/Client regarding these Terms and Conditions will precede any act or fact likely to create obligations for the contracting parties. Visiting and using the Website are conditioned upon acceptance of these conditions of use. This Document is proposed by the Provider and must be accepted before ordering any service offered by the Provider. Any order confirmed by the Client represents an acceptance by the Client of the Provider’s offer and of this Document, under the conditions stipulated by art. 9 of Law no. 365/2002 on electronic commerce.
2.2. Binding nature. Use of the Services entails the User’s/Client’s adherence to these Terms and Conditions by express acceptance of this Document. If any provision of this act proves to be null or invalid, all the others remain valid, to the extent possible. Where references are made to other websites, the Provider does not guarantee and/or confirm in any way the type of information the User/Client will find on them.
2.3. Access to the Provider’s Services is made exclusively by accessing the public Website. By using the Website/Content/Services, the User/Client is solely responsible for all activities arising from such use. They are also liable for any material, intellectual, electronic or other damages caused to the Website, Content, Services, the Provider’s company or any third party with whom the Provider has concluded contracts, in accordance with the applicable Romanian legislation.
2.4. The Client/User undertakes to become acquainted with these conditions before placing an order or opening an account. All orders and account openings imply acceptance by the Client/User of all these Conditions. This Document applies to all orders or accounts created through the Website. The Services may include the possibility to pay various fees, such as: fees for driving licences, registration certificates and temporary circulation authorizations.
2.5. The services described above are information society services within the meaning of art. 1 pt. 1 of Law no. 365/2002 (republished) and may be offered by the Beneficiary together with partner lawyers, legal advisers, sworn translators or other specialists. Each operation generally requires the same steps; however, to learn how each service works in practice, please check the pages of the Website specifically dedicated to each service offered.
3.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, trade symbols, static images, dynamic images, text and/or multimedia content presented on the Website, are the exclusive property of the Provider, with all rights reserved, obtained in this respect directly or indirectly (through licences to use and/or publish).
3.2. The User or Client is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than the original intended by the Provider, include any Content outside the Website, remove markings indicating the Provider’s copyright or copyright over the content, as well as participate in the transfer, sale or distribution of materials created by reproducing, modifying or displaying the Content, except with the express consent of the Provider.
3.3. Any Content to which the User or Client has and/or obtains access by any means is subject to the Document, where the Content is not accompanied by a specific and validly concluded user agreement between the Provider and the User/Client, and without any implicit or express warranty from the Provider regarding that Content.
3.4. The User or Client may copy, transfer and/or use Content only for personal or non-commercial purposes, only where such actions do not conflict with the provisions of the Document and with the Provider’s consent.
3.5. If the Provider grants the User or Client the right to use, as described in a separate user agreement, certain Content to which the User has or obtains access as a result of that agreement, this right extends only to that content defined in the agreement, only for the period of existence of that Content on the Website or for the period defined in the agreement, under the conditions defined, where such conditions exist, and does not constitute a contractual commitment from the Provider towards the respective User/Client or any other third party who has/obtains access to that transferred Content by any means and who might be or is harmed in any way as a result of that Content during or after the expiry of the user agreement.
3.6. No Content transmitted to the User or Client, by any means of communication (electronic, telephone, etc.) or obtained by the latter through access, visit and/or viewing, constitutes a contractual obligation on the part of the Provider and/or of the Provider’s employee or of the person who mediated the Content transfer, where such a person exists, with respect to that Content.
3.7. Any use of the Content for purposes other than those expressly permitted by the Document or the accompanying user agreement, where such exists, is prohibited.
3.8. The Provider reserves the right to modify or add new rules and restrictions regarding the Website’s Content at any time.
4.1. The Provider may assign and/or subcontract a third party for services related to fulfilling the Order without requiring the Client’s consent. The Provider will always remain responsible to the Client for all contractual obligations.
5.1. By placing an order, the Provider acquires the capacity of principal (mandant) on behalf of the Client by ticking the box “I accept the terms and conditions”, namely authorizing the Beneficiary to provide the services described in the order.
5.2. When the Client orders one of the Provider’s services, they must complete the information requested through the order form corresponding to each service. This information is necessary for the correct and efficient processing of the order placed by the Client. After the order is placed, a confirmation will be sent to the Client’s email, which confirms the firmness of the Client’s request and implicit acceptance of the contractual conditions.
6.1. All prices displayed on the Website do not include VAT. Payment can be made by bank transfer or online, depending on the system in place at the time the order is placed by the Client. The data entered by the Client is safe, as the Provider does not have access to the Client’s banking data.
6.2. The Provider may publish on the Website information about services and/or promotions practiced by it or by any other third party with whom it has concluded partnership agreements, during a certain period.
6.3. The Provider may limit the ability to purchase certain services available on the Website at a given time for one or more Clients.
6.4. In the case of online payments, the Provider is not and cannot be held responsible for any additional costs borne by the Client, including but not limited to bank fees, currency conversion fees applied by the bank issuing the card, where the card’s currency differs from RON. The Client bears sole responsibility for this action.
6.5. All information used to describe the services available on the Website (static/dynamic images/multimedia presentations/etc.) does not represent a contractual obligation on the part of the Provider and is for presentation purposes only.
6.6. In describing the services, the Provider reserves the right to use other services (accessories/etc.) which may not be included in the cost of the respective services.
7.1. The Provider’s offer regarding the services and their price is valid as long as it is displayed on the Website or has been agreed by the parties in writing. The Provider will fulfil its contractual obligations as soon as the Client makes the payment for the selected/agreed Service. Any changes to rates or to the availability of services will be communicated by email to the Client’s contact address in the user account.
7.2. The Provider makes every effort to offer continuous access to the services provided. The availability period does not include maintenance periods announced in advance via the platform, but includes unannounced maintenance periods. Given the dependence of the services on Internet access and the possible technical and system limitations that may occur, the Provider undertakes a duty of diligence with respect to service availability.
7.3. If the desired Service is no longer available for reasons attributable to the Provider, the Client’s information from the Provider’s database will be exported and sent to the Client.
8.1. Prices are set when the products are displayed on the site, are expressed in RON and do not include VAT. The displayed price may be changed without prior notice on the Provider’s Website.
8.2. Payment is processed through a secure online payment processing system and has two components:
i) the cost of the fee owed to state institutions; and
ii) the cost for exercising the authorization granted under the mandate contract.
8.3. Refund of Payments. Once the order has been registered and submitted to the state authorities, the Provider will not be able to refund payments, regardless of the reason. This rule applies including in cases where the Client filled in the form incorrectly or in other unforeseen circumstances. The Client will pay special attention to the information provided and carefully verify the data before finalizing the order, so as to avoid non-compliances or errors that could lead to the impossibility of refunding the payment.
9.1.1. The Client authorizes the Provider to pay on their behalf one or more fees. The Client also undertakes to use the services offered by the Provider in full compliance with the law and knowing the legal provisions in force.
9.1.2. The Client undertakes to fully comply with the provisions regarding copyright and personal data protection with respect to the data entered into the system.
9.1.3. The Client undertakes that the documents submitted in electronic format correspond to the original, and that the information provided is real and correct, under the sanction of art. 322 of the Criminal Code regarding forgery in documents. If the documents and information made available to the Provider are not correct and real, the Client assumes all civil, contravention and criminal liability arising from this, and, where there is a suspicion that the documents and/or information received by the Provider do not reflect reality, the Provider has the right to suspend the services provided and/or to terminate the collaboration with the Client.
9.1.4. In order to perform the granted mandate, the Client, as principal, has the following obligations:
9.2.1. Based on the authorization granted, the Provider, as mandatary, acts in the name and on behalf of the principal in order to pay the fee(s). To perform the granted mandate, the mandatary has the following obligations:
9.2.2. The Provider ensures for the Client: the possibility to create a user account and to upload documents for the services offered; email support from Monday to Friday between 09:00 – 18:00; data backup; connection to the system through a secure communication protocol (https).
9.2.3. The Provider does not assume responsibility for lost passwords for access to the user account or for activities that may compromise the Client’s account. If the Provider receives a notification regarding the existence of services with an apparently illegal nature performed by the Client, it reserves the right to suspend the user account or block access to it.
9.2.4. The Provider exercises no control over the data and documents provided by the Client.
9.2.5. The Provider has the right to collect anonymous data about the use of its services and to make them public in an aggregated manner.
10.1. The Client guarantees the accuracy of the data entered and bears full responsibility for them. The Client must be extremely careful and accurately complete all data requested in the order form. The process on the Provider’s platform is automated and relies on the information provided by the Client to process orders. For this reason, it is essential that all data be entered correctly and without errors. The Client must understand that if the data provided are incorrect or incomplete, the order process may be affected and payments made will not be refunded.
10.2. Although it makes efforts at all times to ensure the quality and accuracy of the messages published on the site, the Provider cannot guarantee, expressly or implicitly, the content, the site or the services published.
11.1. This Document terminates in the following cases:
11.2. The parties agree that termination of this contract also extinguishes/cancels all obligations already due between the contracting parties.
12.1. The Provider shall not be liable for any material or moral damages, any losses or costs that may arise from actions that are the Client’s responsibility, as well as for the Client’s breach of any legal obligations, where such breach is not due to the Provider’s fault.
13.1. Except where otherwise expressly provided, neither party to a concluded contract that is still in force shall be liable for failure to perform on time and/or properly, in whole or in part, any of the obligations incumbent upon it under the contract, if the non-performance of the respective obligation was caused by a force majeure event.
13.2. The party or legal representative of the party invoking the aforementioned event is obliged to inform the other party immediately and in full of its occurrence and to take any measures available to limit the consequences of the respective event.
13.3. The party or legal representative of the party invoking the aforementioned event is exempted from this obligation only if the event prevents it from fulfilling it.
13.4. If within 72 hours from its occurrence the respective event does not cease, each party shall have the right to notify the other party of the termination by operation of law of the contract, without either party being entitled to claim further damages from the other.
13.5. The party invoking the force majeure event must prove the impossibility of performing the obligations within 72 hours from the date of occurrence of the event, but only if the event prevents it from performing them.
14.1. The contract shall be governed by Romanian law and interpreted in accordance with the regulations relating thereto. Any disputes shall be settled amicably. If the disputes cannot be resolved amicably, they will be submitted to the courts at the Provider’s registered office.
15.1. The design, texts, graphics, structure and all information on the Website are the exclusive property of EVERYTHING DATA SOLUTIONS SRL, having its registered office at Barbu Văcărescu 143, Sector 2, Bucharest, Trade Registry No.: 40/7878/2020, Tax Identification Code: RO42763857. Any attempt to copy, reproduce, republish, transfer data, display, distribute, sell or modify the content, data, information and materials found is strictly prohibited.
16.1. The parties undertake to keep confidential the information of which they become aware during the performance of this contract and after its termination. The Beneficiary understands and accepts that for the performance of the obligations assumed under the Contract it is necessary to disclose and process certain personal data, such as name, surname, email address, telephone number, identity card/passport, signature, etc.
16.2. The Provider will process personal data in a confidential and responsible manner. The processing of personal data is carried out in accordance with the General Data Protection Regulation (“GDPR”) and with Romanian and European legislation on the protection of personal data.
16.3. The processing of personal data will be carried out lawfully, fairly and transparently, ensuring appropriate data security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, and in accordance with the Privacy Policy displayed on the Provider’s website. The Provider’s staff strictly observes the legal requirements regarding the protection of personal data and ensures that all processing operations are carried out only in the Client’s interest.
17.1. For any type of complaint, the Client will contact the Provider at the email address [email protected]. The Provider’s team will do its best to resolve complaints as soon as possible.
18.1. The parties declare that they have negotiated all clauses of these Conditions and they are expressly accepted by the Client when creating the account, any prior understanding producing no legal effects between them.
18.2. The Provider reserves the right to update and periodically modify these Conditions. The Client agrees that the amended form of these Conditions will enter into force on the date the new Conditions are published on the Website. The Client will periodically check the content of this document. The Provider will try, as far as reasonably possible, to inform the Client by email about any modification of the Conditions.
18.3. These Conditions are supplemented, with regard to the processing of personal data, by the privacy policy and the cookies policy available on the Website.
18.4. Any notice to the Provider must be sent electronically to the email address [email protected] indicated in the preamble of this Document.