TERMS AND CONDITIONS
for concluding a contract for online sale of art objects exhibited and offered for sale on the following Internet address: www.crown-antique.com
Dear Customers, please read attentively these Terms and Conditions. In case you do not agree with them, please stop using this web site. In case you continue to use the web site, this shall be construed as full and unconditional acceptance of the following Terms and Conditions.
General terms and conditions
Art.1.(1) These Terms and Conditions (hereinafter referred to as “TC”) shall apply to all orders made by the users (hereinafter referred to also as “customers”) of this Internet website (“hereinafter referred to as “the website”).
(2) The access and the use by the users of the web site shall be subject to and shall be settled by the Bulgarian legislation currently in force and by the clauses of these TC including all policies and/or other clauses and terms referred to by this document and published on the website.
(3) The use of the website and/or the making of an order through it shall signify that the customer announces and declares that he/she is acquainted with the TC and accepts them. To that effect it shall be extremely important that the TC are actually read and in case of arising of questions and/or disagreements, the customer shall – before making the order – contact and seek assistance via the Contact forms indicated on the website.
(4) TC may be changed. A notification hereof shall be uploaded to a spot visible by the users of the website. The new TC shall enter into force as of the moment of their formal announcement (uploading) on the website.
Art.2. (1) The web site: www.crown–antique.com is owned and managed by “Crown Auction House ЕООD” with EIK (Unified identification code): 203903444, having its seat and management address at: Sofia, Lozenetz district, Dr. Marin Roussev Str. No. 6, phone No.:+ 359 … , hereinafter referred to as “Crown” or “The Company”.
(2) If there is not otherwise stipulated, this website and its entire content, design, text, graphics, logos, images, audio files, video clips and any other material (including but not limited to and/or not violating in any manner the ownership rights) shall be protected by the Law on the copyright and the related rights (LCRR) and all applicable laws on the intellectual and industrial property.
(3) “Crown” is a trading company established in accordance with the stipulations of Bulgarian legislation; it is entered into the Registry Agency and specializes in deals with works of art and antiques, domestic and foreign trade with all types of art objects, intellectual property deals, etc.
Art.3 The purpose of this website shall be the intermediation and the sales on behalf of the owners of the works of art and antiques (hereinafter referred to as “Objects”), which have been consigned to be exhibited on the website by their owners with the purpose of their purchasing by the customers.
Art.5.(1) This website shell contain information about the common characteristics of the Object; its end price comprising all taxes due; the additional expenses to be made with reference to the sale of the Object, the term of the contract, if such, etc.
(2) The making of any order from the website shall be related to the commitment of payment by the customer. The order of any object shall represent a deal against consideration at the price quoted on the website.
Art.6.(1) The parties of the Contract for online sale of the Object exhibited on the website shall be: Crown Auction (the Company) and the user who made the order.
(2) The Company is duly authorized to execute the sale of the Object at the terms and prices exhibited on the website.
Art.7.(1) The making of an order shall require preceding registration on the website by the customer via creation of own customer profile.
(2) At registration the customer shall enter information in all fields marked as obligatory, among them to state his/her full names, e-mail address, the contact phone numbers, the residence address, the delivery address, etc.
(3) By checking the box “I agree to the General terms and conditions” the customer shall perform an electronic declaration within the meaning of the Electronic Document and Electronic Signature Act, by which he/she declares that he/she is acquainted with these TC and accepts them.
Art.8 (1) The protection of the user identity shall be an obligation and responsibility of the user. He/she shall protect his/her user identity, password data and any other security information.
(2) The Company shall not be held liable for any use, disclosure or loss of data resulting from the non-observance of the preceding clause by the user.
(3) In the case of non-authorized logging into the user profile as well as in the case where some data used to access a secured zone of the website are acquired by third parties, the user shall be obliged to immediately inform the company in writing. In such a case the customer shall provide explanations about the circumstances of this incident.
(4) In the event where the hypotheses envisaged in the preceding clauses have happened and in case a written message by the customer to that effect has been received, the Company shall block the user profile in order to protect the personal data of its customers and discontinuation of the non-authorized use.
Art.9. (1) The user shall have the right to access, update or edit his/her user profile.
(2) The information submitted for an order which is still under treatment, cannot be updated or edited.
Art.10 The user may terminate his/her registration at any time by communicating with the Customers’ Department of the company using the Contact form/Contact data shown on the website. In such a case the user data shall be treated in accordance with the applicable clauses of our Confidentiality policy.
Art.11 (1) Orders may be made by natural persons (NP) aged 18 years or above who have not been deprived of judicial ability, may form and declare valid intentions and who have submitted a genuine address in Bulgaria or abroad.
(2) Orders may be made also by representatives of legal persons (LP) on their behalf and at their expense as well as legal formations and organizations.
(3) In order to guarantee the proper treatment of their data the customers shall enter correctly the information required to make an order.
Art.12 (1) Orders may be made via the website or its mobile version at any time of the day 24/7.
(2) The orders made after 18:00 on a business day (Monday—Friday) shall be treated after 09:00 h on the following day.
(3) The orders made during non-business days (Saturday and Sunday; official holidays and all other types of holidays) shall be treated after 09:00 h on the first following business day.
Art.13 (1) Before finalizing the order through the button “Confirm” the customer shall have the possibility to review again the Objects of the purchase, their prices, his/her data (names, e-mail, phone, address and delivery method) by checking his/her shopping cart.
(2) The Customer shall receive confirmation for a successfully made order via a message on the e-mail address indicated by him/her. The confirmation shall contain information about the object, the price and the selected mode of payment.
(3) Following the finalization of the order, the Object reserved for purchasing, shall be removed from the sales section.
Art.14 The Customer may follow up the state of the current order as well that of other previous orders from his/her Customer profile (in the meaning of Art.7, paragraph 1 of TC).
Concluding of the contract
Art.15 (1) The contract shall be deemed concluded as of the moment when the Customer accepts the terms of the deal stipulated on the website and makes (finalizes) the order.
(2) By finalizing the order in the meaning of the preceding clause and by accepting these terms the Consumer shall agree to receive the required documents and information in his/her e-mail address indicated in his/her consumer profile.
Objects in the sense of Art. 3 of TC
Art.16 (1) The company has due authorization for public offering and sale of all objects exhibited on the website by their owners. The prices and the sale terms are determined by the owners.
(2) The Company disposes of the due documents provided by the owners regarding the origin and the authenticity of the relevant object. When an order is made, these documents are sent to the Buyer together with the Object. In case of a delivery outside the borders of Republic of Bulgaria, the Company shall attach also a certificate issued by the National Art gallery.
(3) “Crown Auction” shall not held liable for any damages resulting from the false and/or untruthful documents given by the owners and/or third persons posing as owners which has led to the exhibition of the objects for sale.
Art.17 By exhibiting the Object on its website, “Crown Auction” declares the following circumstances:
- that it has received in original all accompanying documents for the Object;
- that it has organized and made an examination of the Object by an external expert and there has been prepared a valuation of the object with regard to its authenticity and conformity of the circumstances declared by the owner with the actual state and characteristics of the Object;
- that the published photos are authentic and the Object is photographed itself (and not its replicas);
- that the information submitted (characteristics, description, details, etc.) for the Object has been prepared and submitted by the Seller; “Crown Auction” has not influenced it and has not transformed or modified it;
- that the Object is in possession of the Seller.
Price and payment
Art.18 (1) The prices advertised on the website for every single Object are in US dollars (USD) and comprise all required by Bulgarian legislation taxes. The sum in Bulgarian leva shall be calculated according to the reference currency rate of Bulgarian National bank on the day of the order.
(2) The end price of the order shall be calculated as the total of the prices of the ordered Objects (if more than one).
(3) The prices shall not be subject to change from the moment of ordering to the moment of payment.
Art.19 Apart from the price the Customer shall pay the value of all additional services such as packaging, forwarding and delivery expenses to the address indicated by him/her, including the insurance of the Object. The price of the additional services shall be indicated explicitly before the button “Confirm”.
Art.20 (1) The payment shall be made via a bank transfer or through the system for electronic online payments epay or Pay-pal.
(2) The payment shall be made within 3 (three) days from the finalization of the order.
(3) In case the payment is not made within the time period as per Art. 2, the order shall be invalidated and the Object shall be returned to the website for sale.
Delivery of the Object
Art.21 (1) The delivery shall be made by a courier service to the address indicated by the Buyer at the making of the order.
(2) The price of the delivery and the insurance are not included in the sale price; they shall be paid separately, to the courier, at the time of the delivery of the Object.
Term of delivery
Art.22 (1) The term of delivery shall begin to run as of the moment when the due sale price enters into the bank account of the Company.
(2) The maximum term of delivery to the territory of Republic of Bulgaria shall be up to 15 (fifteen) days from of the date of entry of the sale price in all its entirety into the bank account of the Company.
(3) The maximum term of delivery outside the territory of Republic of Bulgaria shall be up to 45 (forty-five) days from of the date of entry of the sale price in all its entirety into the bank account of the Company.
Art.23 In case there has been made a payment for an Object, ordered by the Customer but which is already not available or whose delivery cannot be made, the Company shall reimburse the payment to the Customer within 20 (twenty) business days from the date when the Seller was obliged to fulfil his/her obligation under the contract concluded online for the delivery of the Object.
Art.24 The Seller guarantees that the Object about to be delivered under the order of the Customer has all the features mentioned in the offer.
(1) Immediately following the delivery of the Object, the Customer shall verify whether there are any discrepancies with the contracted features.
(2) In case any discrepancies have been found, the Customer shall file a claim before the Merchant or a person authorized by the latter. When filing the claim, the Customer shall indicate its subject, the manner preferred to handle it, respectively the amount of the requested compensation, and the contact address. It shall be obligatory to attach the documents certifying the claim such as invoices; protocols, certificates or other documents establishing the discrepancy of the object with the contracted features; other documents establishing the grounds for the claim or its amount.
Renunciation from the concluded contract
Art.25 (1) The Customer shall have the right to renounce the contract concluded online within 14 (fourteen) days following the day of delivery. In case the customer have ordered more than one object and they are delivered separately, the term of renouncing the contract shall begin to run respectively from the day of the delivery of each object.
(2) The right of renunciation from the contract shall be valid only for customers who are natural persons and have acquired objects not intended for commercial or professional activity. An obligatory prerequisite to recourse to the right to renunciation from the contract shall be the Customer to be acting outside the frame of his/her commercial or professional activity. The purchase of objects from the website shall be intended for personal use of the Customer and not related to his/her commercial or professional activity.
(3) Legal persons, legal formations and other organizations shall not have the right to renounce the concluded contract.
Art.26 (1) In the event of renunciation the Customer shall bear only the following expenses:
- all additional expenses for the delivery of the object, when the Customer has explicitly selected a type of delivery differing from the standard delivery shown on the website
- when the Customer exerts his/her right to renounce the contract and when the Company has not offered to bring back the goods itself, the Customer shall send or transmit the Object without unjustified delay within 14 (fourteen) days as of the date when the Customer has informed the Company about his/her decision to renounce from the contract. The deadline shall be deemed respected if the Customer has sent or transmitted the object before the expiry of the 14-day term.
(2) In the cases as per paragraph 1, p. b the customer shall pay only the direct expenses for the returning of the object.
Art.27 (1) The exertion of the right of renunciation shall terminate the obligations of the parties to execute the contract.
(2) The Customer may renounce it by using the appropriate form published on the website (in accordance with Annex № 6 to Art. 47, para 1, p. 8 and Art. 52, para 2 and 4 of the Customer Protection Act).
Art.28 In order to exert his/her right to renounce the contract in the meaning of Art.25 of the TC, the Customer shall meet the following conditions:
- the Customer shall declare in written his/her will to renounce from the contract;
- the Customer shall indicate a bank account for the reimbursement of the sum he/she has already paid;
- the Customer shall respect the General TC;
- the Object shall not be damaged or used publicly.
Art.29 When the conditions mentioned in Art.28 above have been met, “Crown Auction” shall send written information to the e-mail indicated/used by the Customer as to which address they are supposed to return the Object.
Art.30 (1) The Customer shall bear responsibility for the Object and its documents until its return delivery back to the Company.
(2) Within 7 days from the return delivery of the Object, “Crown Auction” shall arrange for the examination of the latter by an assessor (a third party in relation to both parties to this contract who has the needed competence and qualifications) who – following a detailed examination and investigation – shall prepare a report regarding its authenticity and conformity to the object sent by the Company.
(3) In case the Buyer has returned the Object within the stipulated term and the report of the assessor in the meaning of the preceding clause has certified the full authenticity and conformity of the Object, the Company shall reimburse the purchasing price within 14 (fourteen) days minus the expenses made for additional services.
Personal data protection
Art.31 (1) All submitted personal data, needed to conclude and execute the deal, shall be treated in accordance with the clauses of the Law on the protection of personal data and solely for the purposes of this Sales contract.
(2) The owner of the website is a registered personal data controller and is entered into the Register of the Commission for Personal data protection.
Art.32 (1) The Parties shall settle all disputes arisen regarding the interpretation and the execution of the sales-purchase of the Object through understanding and mutual concessions; in the event when this becomes impossible, they shall refer the dispute to the competent Bulgarian court.
(2) The competent court to hear the disputes between the Parties in the meaning of para 1 shall be the Arbitration court with the Arbitrators’ Union in Bulgaria seated at Sofia, “6 Septemvri” Str., № 33.
Art.33 The applicable material law to settling the disputes arisen regarding the interpretation and the execution of the sales-purchase of the Object shall be the Bulgarian common and commercial law.
Art.34 For all matters not settled by this contract there shall be applied the relevant provisions of the legislation currently in force of Republic of Bulgaria.