Terms of use
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These terms govern the relationship between the provider below and everyone who uses the Plumtex online store platform and the plumtex.com website. They apply together with the privacy policy and the cookie policy. The contract is concluded in Bulgarian; this English version is a translation, and if the two differ the Bulgarian version prevails.
1. Provider
- Name: Plumtex International Ltd. („Плъмтекс Интернешънъл“ ЕООД), entered in the Commercial Register of the Bulgarian Registry Agency
- Company number (UIC): 208804756, VAT number: BG208804756
- Registered office: 5A Vili Kazasyan Str., Triaditsa district, 1407 Sofia, Bulgaria
- Email: [email protected], phone: +359 889 626 969
- Supervisory authorities: Consumer Protection Commission, 4A Slaveykov Sq., 1000 Sofia, kzp.bg; Commission for Personal Data Protection, 2 Prof. Tsvetan Lazarov Blvd., 1592 Sofia, cpdp.bg
2. Definitions
- Platform — the Plumtex software for building and running online stores, provided as a service over the internet.
- Customer — a natural or legal person who has an account or has ordered a plan.
- Consumer — a customer who is a natural person acting outside their trade or profession within the meaning of the Bulgarian Consumer Protection Act.
- Store — the online store the customer builds and runs with the platform.
- Buyers — the people who shop in the customer's store.
3. The service
3.1. A plan includes access to the platform, hosting of the store, an SSL certificate, platform updates and technical help. The features, limits (storage, traffic, email accounts) and prices of each plan are those described on the Pricing page when the order is placed, and they form part of the contract.
3.2. The store runs on a free plumtex.store address or on the customer's domain. A domain can be ordered together with the plan; its registration is also subject to the rules of the relevant registry.
3.3. The platform works in current versions of the major browsers. No software installation or special equipment is needed.
4. Concluding the contract
4.1. The contract is concluded at a distance through the website: the customer chooses a plan and a store address, creates an account or signs in, reviews the order and price, ticks that they accept these terms and the privacy policy and want the service to start right away, and confirms the order. Until confirming, the customer can correct the data entered and change or cancel the order.
4.2. The contract is concluded when the order is confirmed. The provider sends a confirmation by email, and these terms stay available on the website, where they can be saved and printed.
5. Free trial
Every plan can be tried free for 21 days. The trial is never charged and does not turn into a paid plan automatically: if the plan is not paid after it, the store is suspended. The trial is there so the customer can check, before paying, that the platform and the chosen plan meet their needs.
6. Prices and payment
6.1. Prices are in euro and are final, including 20% value added tax. Payment is made in advance for the chosen period (monthly or yearly) with the payment methods shown at checkout. Card details are processed by the payment service providers and are not stored by the provider.
6.2. The provider issues electronic invoices under the Bulgarian Accountancy Act and VAT Act and sends them to the customer's email and account.
6.3. The provider may change prices for future periods by telling the customer by email at least 30 days in advance. A change does not affect a period that is already paid. A customer who does not agree may end the contract at no cost before the change applies.
6.4. The customer may move to a higher plan at any time. What was paid for the current plan is not refunded: it is taken into account, and the customer pays only the price difference for the days left in the paid period. When moving to a lower plan, the difference for the period already paid is not refunded either; the new plan applies from the next period. This does not affect consumers' right of withdrawal under clause 15 or their rights under clause 10.
7. Non-payment and suspension
7.1. If the service is not paid within 7 days after the paid period ends, the provider notifies the customer and may suspend the store.
7.2. If payment does not arrive within 30 days after the suspension, the provider may terminate the contract. Before deleting the data, the provider notifies the customer and gives them the chance to download an export of their catalog.
8. The customer's obligations
8.1. The customer provides true and up-to-date information, keeps their password safe and is responsible for what is done with their account.
8.2. The customer uses the platform only for lawful activity. The customer alone is responsible for the content, products and prices of their store, for their own terms and privacy policy towards buyers, and for complying with the laws that apply to their business, including consumer protection, tax and data protection rules.
8.3. Using the platform to send unsolicited commercial messages, spread malware, sell prohibited goods, infringe the rights of others or create load that disrupts other customers is not allowed. In case of a serious breach the provider may suspend the service immediately, notifying the customer and stating the reason.
8.4. The owner of an account and of its services is the person named as the customer. In a dispute about ownership the provider may ask to be shown an identity document, a company register extract or invoices for paid services before giving access or changing the owner.
9. The provider's obligations
9.1. The provider supplies the service with the care of a diligent business, keeps the platform secure and up to date, and makes the updates needed for the service to keep conforming to the contract.
9.2. Planned maintenance that may interrupt stores is announced in advance whenever possible.
9.3. The provider offers technical help by email and through the contact form and publishes guides in the help center.
10. Conformity of the service for consumers
Towards consumers the provider is liable for any lack of conformity of the service with the contract for the whole period it is supplied, under the Bulgarian Act on the Supply of Digital Content and Digital Services and the Sale of Goods. In case of non-conformity the consumer is entitled to have the service brought into conformity and, if that is impossible or not done within a reasonable time, to a price reduction or to terminate the contract with a refund for the remaining period. These rights cannot be limited by contract.
11. Changes to the service and to these terms
11.1. The provider may change the platform and these terms for a valid reason: changes in the law, security, development of features or technical reasons. Changes come at no extra cost to the customer.
11.2. For changes that affect the customer negatively, the provider gives notice by email at least 30 days before they apply. The customer may end the contract at no cost before that date or within 30 days after the change, and a consumer is refunded for the remaining period.
12. Processing personal data on the customer's behalf
12.1. For the personal data of buyers that the store collects, the customer is the controller and the provider is the processor under Article 28 of Regulation (EU) 2016/679 (GDPR). This clause is the processing agreement under Article 28(3) of the regulation.
12.2. Subject matter and duration: hosting and processing the data needed for the store to work, for the term of the contract. Types of data: names, email, phone, delivery and billing addresses, order and payment data (without card details), buyer accounts, messages and subscriptions. Categories of data subjects: buyers, visitors and subscribers of the store.
12.3. The provider: processes the data only on the customer's documented instructions, given through the platform settings and this contract, unless the law requires otherwise; binds the people with access to the data to confidentiality; applies appropriate technical and organisational measures under Article 32 GDPR; helps the customer with data subject requests and with the obligations under Articles 32–36 GDPR; notifies the customer without undue delay after becoming aware of a personal data breach; and makes available the information needed to demonstrate compliance and allows audits agreed in advance.
12.4. The customer gives general authorisation for the provider to use sub-processors (hosting, security and content delivery, email delivery) bound by the same obligations. The provider gives notice of changes to its sub-processors; the customer may object and, if they do not agree, end the contract.
12.5. When the contract ends, the provider deletes the data or returns it to the customer, at the customer's choice, unless the law requires it to be kept.
13. Intellectual property
The platform, the theme designs and the documentation belong to the provider. The customer may use them for the term of the contract. Content the customer uploads (texts, images, data) remains theirs; the customer allows the provider to store and display it only as far as needed to provide the service.
14. Liability
14.1. The provider is not liable for damage caused by the content and activity of the customer's store, by incorrect use of the platform, by third parties using the customer's login details, or by interruptions outside its control (force majeure, failures of internet providers, banks or couriers).
14.2. Towards a customer who is not a consumer, the provider's liability is limited to the amount paid for the service in the last 12 months and excludes lost profits. The limits in this clause do not apply to intent or gross negligence, nor towards consumers where they would breach their statutory rights.
14.3. The customer keeps their own copies of important data; the platform offers catalog export and backups.
15. Right of withdrawal for consumers
15.1. A consumer may withdraw from the contract without giving a reason and at no cost within 14 days of concluding it, by sending an unambiguous statement to [email protected] or by post. The model withdrawal form at the end of these terms may be used but is not required.
15.2. The provider refunds all payments received no later than 14 days after receiving the statement, using the same payment method, unless the consumer expressly agrees otherwise.
15.3. If the consumer expressly asked for the service to start before the withdrawal period ended, they pay an amount in proportion to what was supplied until the withdrawal, calculated on the price of the whole period.
16. Complaints and out-of-court dispute resolution
16.1. Complaints can be sent to [email protected] or through the contact form. The provider confirms receipt and replies in substance within 14 days, and the complaint is resolved within one month of being submitted.
16.2. Consumers may turn to the Consumer Protection Commission and its General Conciliation Committee or sector conciliation committees for out-of-court dispute resolution (kzp.bg).
17. Term and termination
17.1. The contract runs for the chosen period and renews when the next period is paid. The customer may end the contract at any time from their account or by email to the provider.
17.2. A paid period is not refunded when the customer ends the contract or changes plan by choice (clause 6.4), except in the cases of clauses 6.3, 10, 11.2 and 15 or where the law requires otherwise.
17.3. The provider may terminate the contract for a serious or repeated breach of clause 8 by written notice, or with 30 days' notice, refunding the remaining paid period.
17.4. Before termination the customer can download an export of their catalog. Data is deleted after termination, except data the provider must keep by law, such as accounting documents.
18. Governing law and final provisions
18.1. Bulgarian law applies. Disputes are settled by negotiation and, failing that, by the competent Bulgarian court. This does not deprive consumers of the protection and rights they have by law, including the right to bring a claim where they live.
18.2. If any provision proves invalid, the others remain in force.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Plumtex International Ltd., 5A Vili Kazasyan Str., 1407 Sofia, Bulgaria, [email protected]
I hereby give notice that I withdraw from my contract for the supply of the following service: ……
Ordered on / received on: ……
Name of consumer: ……
Address of consumer: ……
Signature of consumer (only if this form is on paper): ……
Date: ……