General Terms of Use of Seliton
I. SUBJECT
Art. 1. These general terms regulate the relationship between "SELITON BULGARIA" Ltd., with registered office and address of management in the Republic of Bulgaria, city of Sofia 1784, 12 Mihail Tenev St., Eurotour Business Center, 5th floor, office 18, UIC 131135125, with business and correspondence address the same as above, represented by Georgi Mirchev - manager, hereinafter referred to as Seliton Bulgaria or "Provider", and each User of the Services provided by the mentioned company. These General Terms are accessible to all persons on the website https://www.seliton.com
II. TERMS AND DEFINITIONS
Art. 2. The terms and definitions listed below will have the following meaning for the purposes of these General Terms, the individual contracts concluded with Users, and other documents prepared in connection with the provision of the Services (including but not limited to protocols, invoices, letters, notifications, correspondence, etc.):
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Seliton or "Summer Cart" or the Platform – is a platform for creating and maintaining online stores for carrying out professional and/or commercial activities and represents a unity of software, database, documentation, design, images, videos, license codes, license files, and other materials, including all updates, corrections, solutions achieved during work, and functionally improved or limited versions of the Platform. Unless the text indicates otherwise, wherever Seliton or "Summer Cart" is mentioned in these General Terms, it shall be understood to mean the Platform as a collection of its individual modules.
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"Online Store" – is a collection of web pages, files, and interfaces created and maintained through the Platform, which are used by the User as a means for e-commerce, providing the User's Customers with information about its Products and enabling their purchase through order and payment of the respective price, as well as an administrative panel for managing the Platform;
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"User" – is an adult and capable natural person or legal entity, as well as an association of persons, carrying out professional and/or commercial activities, to whom the Services are provided under a contract with Seliton Bulgaria.
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"Customer" – a person visiting the User's Online Store.
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"Products" – are goods and/or services, information about which is published in the User's Online Store.
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"Services" – includes the services of creating, storing, and using an Online Store with certain functions, based on the Seliton platform (or for short, Online Store service), the Hosting service, technical support services, and other services included in the User's purchased Package or provided under an individual contract with the Provider;
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"User Profile" – web pages representing an administrative area for managing the Services and using technical support.
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"Hosting" – is a service for providing disk space, processor time, memory, traffic, and a compatible working environment for Online Stores on servers provided by Seliton Bulgaria.
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"Package" – is a set of Services offered by the Provider standardly for all Users or specifically for a group/category of Users.
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"Domain" – is the name of the domain officially registered in the domain name system.
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"Right to Remove the Copyright Notice" – is a service for removing the copyright notice and links to the websites of Seliton, Summer Cart, and/or Seliton Bulgaria from the header and footer, solely in the client area of the Online Store.
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"Client Area" – part of the Online Store intended for the User's Customers.
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"Administrative Panel" – part of the online store intended for the User, used for remote administration and management of the Online Store.
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"Intellectual Property Rights" are copyrights (property and non-property), related rights, rights to trademarks, patents, trade secrets, know-how, production experience, publishing rights, contractual and licensing rights, and any other intellectual property rights that exist or may arise, as well as any renewals and extensions of these rights.
III. PROVIDER DATA
Art. 3. Provider data:
1. Name of the Provider: "SELITON BULGARIA" Ltd.
2. Registered office and address of management: Republic of Bulgaria, city of Sofia 1784, Mladost district, 12 Mihail Tenev St., "Business Center – Eurotour", 5th floor, office 18
3. Address for carrying out activities: Republic of Bulgaria, city of Sofia 1784, Mladost district, 12 Mihail Tenev St., "Business Center – Eurotour", 5th floor, office 18
4. Correspondence address: city of Sofia, Mladost district, 12 Mihail Tenev St., "Business Center – Eurotour", 5th floor, office 18, Email: sales@seliton.com, contact phones 0700 45 155, 0878 422 449, 0882 436 974
5. VAT registration number: BG131135125
IV. SERVICE AND PACKAGE PRICES. PAYMENT METHODS
Art.4. (1) The Provider offers the Services in the form of Packages, for a fee payable in BGN or another agreed currency and due by the User, according to the payment method specified for the purchased Package or a specially agreed payment method.
(2) Unless otherwise stated, the price of each Package is due before the activation of the Online Store.
(3) The Provider's obligations are limited to those stated in these General Terms, the terms of the purchased Package, and the individual contract between the Provider and the User, if such is concluded.
(4) Each Package, respectively the services included in it, is limited to a term starting from the activation date of the Online Store. The contract term is the term regarding each of the Services listed in the invoice. Unless explicitly stated otherwise, it is considered that the Package, respectively the Services included in it, has a term of 1 (one) month.
(5) Seliton Bulgaria may discontinue the offering of a particular Package. Seliton Bulgaria may amend the conditions for an offered package, with the new conditions being valid from the publication of the amendments on the Platform's website or notification of the User. The amendments do not affect Users who have paid for Packages by the date of the amendment, for the paid period.
Art.5. (1) If the conditions of the purchased Package provide for the price to be paid in full or in installments after the activation of the Online Store, the User owes payment of the price according to the conditions specified for the Package. If the Package conditions do not fix due dates but only provide for deferred payment of the price, the User owes full payment no later than 60 (sixty) days from the activation of the Online Store.
(2) The User explicitly agrees that if the price for the Package or a specified installment is not paid on time, they do not wish to use the Services for the delay period, and the Provider has the right to immediately suspend access to the Online Store. The suspension of access does not stop or interrupt the service usage terms of the Package.
(3) The non-issuance, non-sending, or non-receipt of an invoice or other document is not a reason for non-payment of the Package price. The User agrees to receive electronic invoices at the email address specified in their profile.
Art.6 (1) If the Package conditions provide for a trial period during which the User can familiarize themselves with the functions and capabilities of the Online Store, if the Package price is not paid by the User no later than the day following the end of the trial period, the Provider has the right to immediately suspend access to the Online Store.
(2) When the Package provides for a trial period, the User has the right to opt out of using the Services and terminate the contract within the trial period, without notice and without stating a reason.
V. CHARACTERISTICS AND USE OF SERVICES
Art.7. (1) The services provided by the Provider to the User include:
a) services for creating, storing, and using an Online Store based on the Seliton / Summer Cart platform (or for short "Online Store Service") as well as Hosting;
b) technical support service for the Online Store;
c) other services explicitly included in the User's purchased Package or individual contract with the Provider.
(2) The design, technical capabilities, included modules, and other functionalities and characteristics of the Online Store, the volume and characteristics of the Hosting service are determined by the type of Package purchased by the User, these General Terms, and the individual contract with the Provider.
(3) The Provider is not obliged to provide Internet connectivity for the Users' devices through which they receive access to the Services or to provide the devices and equipment necessary for using the Services.
(4) The Services include providing one free sub-domain on .myseliton.com, which is not subject to choice, and do not include the provision of another domain name. The User may purchase a domain from Seliton Bulgaria or use an already purchased domain.
Art. 8. (1) The Provider provides the User with access to an Administrative Panel for remote administration and management of the Online Store. To access the Administrative Panel, the User must authenticate with the provided username and password. The activated functions of the Administrative Panel are determined based on the Services included in the purchased Package and the individual contract between the Provider and the User.
(2) The User's profile allows them to administer and configure certain Services and use technical support.
(3) The User has the right to administer and manage the Online Store only through the Administrative Panel and specially designated program interfaces (API).
(4) The User is responsible for storing and maintaining the confidentiality of the provided username and password for access to their profile and the Administrative Panel, and assumes full responsibility for all activities and actions performed through them, whether performed by them, by persons to whom they have provided access data, or by unauthorized persons. If there is any suspicion that the access data to the User's profile or the Administrative Panel have become known to unauthorized persons, the User must immediately notify the Provider.
Art.9. (1) The Provider provides the Services to the User within good faith, reasonable, and customary consumption and technological capabilities, as well as according to the parameters of the purchased Package and the concluded individual contract.
(2) In case deviations from the technical and software limitations and rules for using the Hosting and Online Store services are established, or in case the hosting limits are exceeded, or if the server load exceeds the normal and customary consumption of the service, the Provider has the right to limit or terminate the provision of services until the violation ceases, under the conditions of Art.14 (2).
(3) The User agrees not to use the Service to send unsolicited commercial messages (spam). Violation of this requirement is grounds for temporary suspension of the Service, for which the Provider notifies the User. In case of repeated action, the Provider has the right to unilaterally terminate the provision of the Service without notice.
(4) The User agrees not to add/configure domains or sub-domains that they do not have the right to use.
Art.10. (1) The User creates their profile and receives a password for remote access to the profile by performing online registration on the Platform's website, according to the procedure specified on the page. By registering or sending a request or order to update the Package or Services, the User declares that they are familiar with these General Terms, have been provided with a copy, agree with their content, and unconditionally undertake to comply with them.
(2) When registering, the User undertakes to provide accurate and up-to-date data. The User undertakes to promptly update the data specified in their registration in case of change. The User bears full responsibility for incorrect or false data provided. If the User has provided incorrect or incomplete data, the Provider is not responsible for the non-fulfillment of contractual obligations.
(3) The Provider confirms the User's registration by sending an electronic message to the email address specified by the User.
(4) User profiles without an active Package are subject to removal by the Provider.
(5) A statement for purchasing a Package by the User can also be made through their profile. In this case, the Provider confirms the User's order by sending an electronic confirmation message to the email address specified by the User in their profile, thereby establishing contractual relations between the Provider and the User regarding the purchased Package.
(6) The Provider activates the Online Store after full payment of the price/installment of the price, according to the conditions of the selected Package. If the selected Package includes a trial period, activation is carried out along with the confirmation under the previous paragraph.
Art.11. (1) The responsibility for the completeness, accuracy, and legality of the information entered in the Online Store lies entirely with the User. In this sense, the User is fully responsible for any texts, images, and materials published by them. The User agrees that the Provider is not responsible for the published information, texts, images, and materials.
(2) The User is entirely responsible for acquiring and providing usage rights for the images, texts, videos, trademarks, and other legally protected intellectual property objects used in the Online Store. The User agrees that the Provider is not responsible for acquiring and using such rights.
(3) The User is required to ensure all licenses, permits, and registrations necessary for carrying out their activities through the Online Store.
(4) The Provider provides as part of the Platform sample products, texts, documents, images, and other materials. The responsibility for using these sample templates lies entirely with the User.
VI. UNLAWFUL ACTIVITIES
Art.12. (1) The User alone advertises, offers, and/or sells the Products to Customers through the Online Store. The Provider is not responsible for sales, payments, deliveries, complaints, and returns of Products ordered by Customers. The User agrees that at no point do contractual relations arise between the Provider and a Customer of the Online Store regarding the use of the latter as a means of e-commerce. In this sense, the User agrees that the Provider is not responsible to the Customers, as it is not a trader or supplier of Products, nor a party to a contract with a Customer, but only offers the Services under these General Terms.
(2) The Provider is not responsible when the User has committed an offense or infringed the rights or legitimate interests of third parties in conducting their activities through the Online Store.
Art.13. (1) The User undertakes not to publish, distribute or provide and not to allow the publication, distribution, or provision by Customers, through the online store, of any kind of messages, texts, publications, images, videos, computer files, and any other data and information that contradict applicable legislation, these general terms, or good morals and/or that infringe or affect the rights and legitimate interests of third parties. Also, not to damage or threaten the reputation, authority, good name, or commercial reputation of Seliton Bulgaria, its licensors, partners, officers, directors (managers), employees, agents, and suppliers;
(2) In case of security risk and/or violation of the normal and trouble-free operation of the Platform, the Provider may temporarily suspend access to the Online Store, as well as delete viruses, trojans, and other information located on the servers, which it considers to pose a potential risk.
(3) The Provider's contractual obligations do not include monitoring for unlawful activities carried out and unlawful information stored, transmitted, or made available through the Online Store.
(4) The User declares that when purchasing a Package and/or concluding an individual contract for the provision of the Services, they act within their commercial or professional activity and will exercise the same with due care.
Art.14 (1) When the User uses the Online Store in violation of the applicable legislation or these General Terms, generally accepted moral norms and/or threatens the good name and reputation of the Provider, solely at the discretion of the Provider, the Provider has the right, without giving notice or notification to the User, to temporarily or permanently suspend the provision of the Services and stop access to the online store without owing compensation or any other kind of compensation.
(2) In all cases and regardless of the reason for suspending the provision of part or all of the Services, including but not limited to the suspension of access to the Online Store, the service usage terms of the Package are not interrupted, stopped, or extended by the suspension period.
VII. UPDATES AND MAINTENANCE
Art.15. (1) If the conditions of the purchased Package provide for the Online Store to be subject to software updates, receiving new modules, and/or error corrections in the Online Store, the Provider notifies the User of their availability in an appropriate manner, such as via email or system message. To use the updated and corrected versions, as well as the new modules, Seliton Bulgaria may determine additional or different from the current usage conditions, which are binding on the User.
(2) Seliton Bulgaria applies automatic updates when the Online Store is part of the Seliton infrastructure. Otherwise, the User needs to manually apply the update; if the User does not apply a specific update and/or error correction, the obligations of Seliton Bulgaria for technical support and provision of updates and/or error corrections in the Online Store cease until the update and/or correction is applied.
(3) The Provider has the right at any time to make changes and improvements to the platform, as well as to the form and content of the provided Services, as long as the main functions of the Online Store are not removed.
(4) If maintenance, fault or error rectification, updates, and other related activities are necessary, the Provider has the right to temporarily suspend the provided Services for the duration of the relevant activity.
VIII. TECHNICAL SUPPORT
Art.16. (1) In case of a problem with using the Services, the User must notify the Provider. The latter is obliged to make all reasonable efforts to resolve the problem within the reasonably necessary timeframes and according to the purchased Package.
(2) The technical support service does not include entering and/or managing the content of the Online Store, and/or creating, maintaining, or updating the User's Product database, or any other services related to managing the specific data of the User. The scope of the technical support service is determined by the purchased package and the individual contract between the Provider and the User.
IX. EXCLUSION OF WARRANTY
Art.17. (1) The services are provided "as is" without warranties, express or implied, including but not limited to warranties of fitness for a particular purpose, non-infringement of intellectual property rights, or any other warranty arising from an offer, specification, and/or sample, offer, publication or any other document.
(2) Unless otherwise required by law, Seliton Bulgaria does not offer an express, implied, or statutory warranty, including, without limitation, warranties of merchantability, non-infringement of intellectual property rights, or fitness for a particular purpose.
(3) Seliton Bulgaria makes no warranty or representation regarding third-party software products, databases, and/or services used in conjunction with the Services, including but not limited to their compatibility with the Services or suitability for the User's or their Customers' requirements, needs, or expectations.
(4) The Provider does not guarantee that the Services will meet the User's or their Customers' requirements, needs, or expectations, or that the Seliton / Summer Cart software is free from defects or errors, or that the use of the Services will be uninterrupted.
X. PERSONAL DATA, PRODUCT DATA, AND COMMERCIAL COMMUNICATIONS
Art. 18. (1) By filling in personal data, the User confirms that they have provided their personal data voluntarily and give their explicit consent for the collection, processing, storage, and provision of these data in accordance with Bulgarian legislation. The User also agrees that the Provider collects other data about the User and users of the Online Store, such as IP address, visit time, name and version of the web browser, operating system, and other browser parameters, as well as using cookies. The collected data may be used for reports provided to the User, for marketing and statistical research, and improving the Services provided to customers.
(2) For security reasons, the Provider will send data only to the email address specified by the User at the time of registration/request.
(3) The Provider has the right to publish summarized information about the online stores for marketing purposes.
Art.19. (1) The User agrees that any material, information, or other communication, including all data, images, sounds, personal information, text, and other included items that the User transmits or sends to the Seliton Bulgaria sites or provides to the Provider, will be considered non-confidential ("Communication"). The Provider will have no confidentiality obligation concerning the Communication. The User agrees that Seliton Bulgaria and its designated persons will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license, and sublicense through any number of levels of sublicensees and licensees, incorporate and use the Communication, including derivative works, for any commercial or non-commercial purposes.
(2) The Provider may use the User's name, trademarks, and logos associated with the Online Store for promoting the Service.
Art.20 The Provider may send the User unsolicited commercial communications to make inquiries and surveys, advertise, and provide information about goods or services, competitions and games with announced prizes, and promotional offers.
XI. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Art. 21. (1) The intellectual property rights to Seliton or Summer Cart and all its copies remain the property of the Provider. Seliton or Summer Cart is protected under copyright and intellectual property laws and the provisions of international agreements. The User agrees to prevent any unauthorized copying or use of Seliton or Summer Cart and/or the Online Store created with the platform.
(2) Seliton Bulgaria does not provide and does not transfer in any way to the User or Customer, explicitly or implicitly, any rights to patents, copyrights, trademarks, or information (including trade secrets) and any other Intellectual Property Rights owned, used, or held by Seliton Bulgaria or third parties.
(3) The Provider does not acquire copyrights to the materials and information uploaded by the User in the Online Store.
(4) The User does not have the right and should not attempt to access the source code of the Online Store, nor has the right to copy, distribute, or modify it in any way. The User or their contractors explicitly have the right to modify the HTML, Images, Javascript, and CSS code involved in the themes visible to Customers. Modifying the code by the User or other persons, including the technical support of Seliton Bulgaria, may lead to malfunction of the Online Store and issues when applying updates.
(5) The User does not have the right to remove or hide copyright information and links to the websites of Seliton, Summer Cart, and/or Seliton Bulgaria, unless the purchased package or individual contract includes the service "Right to Remove the Copyright Notice".
XII. TERMINATION
Art.22 (1) The contract for the provision of the Services under these General Terms is terminated:
a) upon expiration of the service terms according to the purchased Package and/or the individually concluded contract;
b) if the User is in default of any of their obligations under these General Terms, the law and/or the conditions of the individual contract concluded with Seliton Bulgaria and does not remedy the default within the time provided by Seliton Bulgaria. The parties agree that a "reasonable" period will be considered a period of 5 (five) working days from the notification by the Provider;
c) in explicitly provided cases in these General Terms
d) by mutual agreement of the parties;
XIII. LIABILITY
Art.23. (1) Neither Seliton Bulgaria, nor its licensors, partners, officers, directors (including managers), employees, agents, and suppliers, will be liable for any damages (including, without limitation, damages for loss of business profits or revenue, loss of software use, data loss, recovery costs for lost data, business interruption, loss of business information, or other loss) arising from the use or inability to use the Services, even if Seliton Bulgaria has been advised of the possibility of such damages.
(2) To the extent permitted by law, the total liability of the Provider arising from or related to its contractual relations with the User is limited to the price of the Package for a period of the last three calendar months (or a proportional part if the price is for a longer period), and if the services have been used for less than three months, the period is equal to the used period. The Provider is not responsible for any damages suffered by the User concerning their contractual relations, as long as the Provider has not acted intentionally or under conditions of gross negligence.
(3) The only and exclusive remedy for the User is set forth in these General Terms. These General Terms define the mutually agreed allocation of risks between the parties, and the prices of the Services included in the Packages correspond to this risk allocation.
(4) The User undertakes to indemnify, hold harmless, and defend Seliton Bulgaria, its licensors, partners, officers, directors (including managers), employees, agents, and suppliers from and against any claims or lawsuits, including any court and out-of-court costs and attorney fees, arising or resulting from the User's failure to fulfill the obligations and responsibilities arising from their contractual relations with Seliton Bulgaria (including but not limited to these General Terms), their contractual relations with Customers and other contractors, and the obligations and responsibilities arising from the law.
(5) In the event that the contract concluded under these General Terms is unilaterally terminated by the Provider due to the User's fault, the User owes the Provider a penalty in the amount of the due remuneration for the remaining period of the contract.
(6) The Provider is not responsible in cases of overcoming the security measures of the technical equipment through which the services are provided and resulting in information loss, information dissemination, information access, information access restriction, modification of information published on the User's websites, and other similar consequences or damages to the User or their customers. The Provider is not responsible in case of information access, data loss, or service parameter modification resulting from false identification of a third party representing the User, if the circumstances indicate that this person is the User.
(7) The Provider is not responsible in case of inability to provide the Services for a certain period due to force majeure, accidental events, internet connectivity problems, hacker attacks, technical and other objective reasons, including orders of competent state authorities.
XIV. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art.24. (1) These General Terms may be unilaterally amended by Seliton Bulgaria, for which the latter will notify the User in an appropriate manner.
(2) Seliton Bulgaria and the User agree that any supplement or amendment to these General Terms will take effect in the relations between the parties after explicit notification of the User, and if the latter does not state within 14 days of the notification that they reject the amended and/or supplemented version.
(3) The parties agree that all notifications of Seliton Bulgaria related to the amendment of these General Terms will be sent to one of the email addresses provided by the User. The User agrees that electronic messages sent under this article do not need to be signed with an electronic signature or to be acknowledged as received to be considered received.
(4) Seliton Bulgaria publishes the General Terms on the Platform's website.
XV. APPLICABLE LAW
Art.25. Any claim arising from or related to these General Terms is governed by the internal substantive law of the Republic of Bulgaria. Any legal proceedings between the parties will be conducted exclusively by the Bulgarian state courts, specifically the competent court in Sofia. The parties agree and accept this exclusive jurisdiction and venue.
XVI. OTHER CONDITIONS
Art. 26. (1) In case of contradiction between these general terms and provisions in an individual contract between the Provider and the User, the clauses of the individual contract take precedence. To be valid, the Individual Contract must be in writing and duly signed by an authorized representative of Seliton Bulgaria.
(2) If a provision of these General Terms is invalid or unenforceable, or in conflict with applicable law, such provision will be interpreted, limited, or amended as necessary to eliminate the invalidity or unenforceability, or conflict with applicable law, and all other provisions of these General Terms will remain in effect.
Art.27. These General Terms come into force for all Users on 01.01.2016.
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