GENERAL TERMS AND CONDITIONS
of the CloudCart® online stores platform
- These General Terms and Conditions ("General Terms"), the policies of "CloudCart" AD, as well as some additional terms and conditions that are applicable to specific services offered by "CloudCart" AD and are indicated on the company's corporate website in the relevant sections where subscription plans and services are offered, govern the relations between "CloudCart" AD and any user of the CloudCart® online stores platform, hereinafter referred to as the "Merchant" or "You," and set the terms and conditions for using the CloudCart® online stores platform, as well as any additional services, features, and applications. "CloudCart" AD is a commercial company established and existing under Bulgarian law, registered in the Commercial Register and Register of Non-Profit Legal Entities at the Registry Agency of the Republic of Bulgaria (CRRNPLE) under UIC (Unified Identification Code) 206004146, hereinafter referred to as "CloudCart."
- An absolute condition for using the CloudCart® platform is the unconditional and complete acceptance of the General Terms. By completing the Account registration form, ticking the box for agreeing to the General Terms, and clicking the "Next" button, the Merchant declares that he is familiar with them, agrees with their content, and undertakes to comply with them unconditionally.
- Acceptance of the General Terms in the manner specified herein constitutes conclusion of a binding and obligatory contract between CloudCart and the Merchant regarding the use of the CloudCart® platform. Therefore, we advise you to carefully familiarize yourself with them. The brief explanation (summary) of individual clauses and sections is created solely to facilitate your acquaintance with the General Terms. Please note that it is not intended to and cannot replace an in-depth acquaintance with the General Terms in their entirety and does not serve for interpretation of the General Terms.
THE ABOVE MEANS:
A condition for using the CloudCart® platform and creating an online store or website through it is to accept these General Terms, which are considered accepted upon submitting a request for Account registration. Once you accept them, the General Terms become mandatory for you to comply with. It is recommended to carefully read the General Terms in their entirety, so to familiarize yourself with your rights and obligations related to using the CloudCart® platform.
- CLOUDCART INFORMATION
2.1. Information according to Art. 4, para. (1) of the Electronic Commerce Act:
- Name of the service provider: "CloudCart" AD;
- Seat and management address: 1766 Sofia, 5 Panorama Sofia str., 3rd floor;
- Address for carrying out the activity: 1766 Sofia, 5 Panorama Sofia str., 3rd floor;
- Correspondence data: 1766 Sofia, 5 Panorama Sofia str., 3rd floor;
Phone: +359 886 77 18 77;
Email: [email protected];
- Registration in the CRRNPLE: UIC 206004146;
- VAT number: BG206004146.
For the purposes of these General Terms, the terms below shall have the following meaning:
3.1. Online store – a database that is registered and accessible at its unique Internet address, stored on the CloudCart® platform, and provides end customers with information about the Merchant's Products and the opportunity to purchase them remotely;
3.2. Website – a database that is registered and accessible at its unique Internet address, stored on the CloudCart® platform, and provides end customers with information about the Merchant's Products without the opportunity to purchase them;
3.3. Products – goods and services presented in the Merchant's Online store or Website.
3.4. Account – a separate part of CloudCart servers containing information about the Merchant in relation to his Online store or Website. The Account enables the Merchant to use specific Services on the CloudCart® platform, to which access is restricted, configure the use of Services, set up his profile, terminate the use of Services, etc. ("Administrative Panel").
3.5. Services – includes services for creating, storing, managing, and using an Online store or Website on the CloudCart® platform and hosting services provided by CloudCart.
3.6. Additional services – design of an Online store, content creation, Online store settings, SEO optimization, and other services related to additional opportunities for the Online store's development and support of its effectiveness, provided by CloudCart.
3.7. Applications – software products designed mainly to support productivity, performance, and functionality of the Online store, which are additionally installed in the CloudCart® platform and are downloaded from a specially created environment within the platform. There are both free and paid applications.
3.8. Features – a set of technical means that enable the interaction of software tools, part of the platform modules, such as payment methods, delivery methods, synchronization with warehouse software, and others.
- PLATFORM FEATURES
4.1. The CloudCart® online store creation platform, provided by CloudCart, includes the following:
- creation, management, and use of an Online store and/or Website through the standard functionality available on the CloudCart® platform;
- providing hosting for the operation of the Online store and/or Website by CloudCart;
- technical support according to the scope, volume, and other conditions specified in these General Terms;
- integrations with various payment, courier, warehouse, marketing, and other platforms;
- possibility of using Additional Services, Services provided by third parties, Applications, and Features.
- REGISTRATION AND ACCOUNT CREATION IN THE PLATFORM
- To access and use the Services of the CloudCart® platform, you must complete the Account registration form by providing your name/company name, UIC/BULSTAT, address, phone number, valid email address, and any other information required by CloudCart in connection with the registration and creation of an Account in the CloudCart® platform. All data provided by the Merchant can be edited from the Merchant's Administrative Panel after the Account registration process is completed.
- To create an Online store or use other Services on the CloudCart® platform, you must be an individual acting within the scope of your commercial or economic activity, craft, or profession and in this capacity have a registration in CRRNPLE or BULSTAT Register, or act on behalf of and for the account of a merchant in connection with the use of Services. By signing the General Terms, you declare that you are not a consumer within the meaning of § 13, item 1 of the Additional provisions of the Consumer Protection Act.
- The Merchant's email address and password serve to identify the Merchant and establish the authorship of his electronic statements when accessing his Account and using the Services of the CloudCart® platform. The Parties expressly agree that the simple electronic signature has the value of a handwritten signature in their relations.
- CloudCart confirms the completed Account registration of the Merchant by sending a message to the email address provided by the Merchant.
- CloudCart has the right to refuse to register an Account for a Merchant if it believes that there is a violation of these General Terms or applicable laws.
- The Parties agree that all statements between them can be made in electronic form, including via email. The Merchant agrees that CloudCart may use the email address and phone number provided when opening the Account as the primary methods of communication. CloudCart has the right to make statements to the Merchant through the platform interface as well.
- The Merchant is responsible for keeping the username and password of his Account secure, as well as any other information related to the security of the Account and payment transactions made by the Merchant. By signing the General Terms, the Merchant declares that the email and phone number provided for the purposes of Account registration, as well as the payment card used for making payments to CloudCart, are under his control. CloudCart is not responsible for any damages in case of a security breach of your email, phone number, payment card, or your Account in the CloudCart® platform.
- The owner of the Account is considered to be the Merchant who is the holder of the payment card used for paying the subscription plan for the Online store/Website or other service to CloudCart. All actions performed from the Merchant's Account, including the acceptance of the General Terms, are considered actions performed on his behalf and for his account. The Merchant is fully liable for all actions performed through his Account, whether authorized by them or not.
THE ABOVE MEANS:
To use the platform, you must register an Account. You can register an Account only if you are a merchant or act on behalf of a merchant. If the General Terms or the law are not complied with, CloudCart has the right to refuse to register the Merchant's Account. The Merchant is fully liable for the security of the Account and the data provided for its registration. The owner of the Account is the merchant to whom the payment card used for paying CloudCart services belongs.
- ACCOUNT MANAGEMENT AND ONLINE STORE/WEBSITE
- An Online store/Website on the CloudCart® platform can have only one owner. The owner of the Online store/Website is considered to be the person who is the holder of the payment card used for paying the subscription plan for the store to CloudCart.
- On one Account one or more Online stores/Websites can be created. All Online stores/Websites created on the Account can be managed from the "My Stores" section in the Account's Administrative Panel. Only one payment card can be associated with the Account, and all payments related to the Online stores/Websites created on the Account can be made only with this payment card, regardless of the number of Online stores/Websites created on the Account. If the Merchant wants to pay with different payment cards for separate Online stores/Websites, he must create separate Accounts for them. An invoice can be issued for each Online store/Website to a separate company.
- The Merchant has the right to create an administrator profile (there can be only one administrator) and moderator profiles in his Account. An administrator profile is automatically created for the person who registered the Account. The administrator grants rights to the moderators. Each moderator profile created in the Merchant's Account may have different levels of access to the Administrative Panel of the Online store/Website and different rights to operate it. The Merchant must indicate in the Administrative Panel whether the administrator is his employee or an external person.
- The Merchant is responsible for the actions of the administrator and moderators when using his Account as if they were his own actions.
THE ABOVE MEANS:
Only one person can be the owner of the Online store/Website, and this is the person who is the holder of the payment card used for paying the subscription plan for the Online store/Website. Only one payment card can be associated with the Account, regardless of the number of Online stores/Websites created on the Account.
The Merchant is fully liable for the actions of other persons who have access to the Account.
- PAYMENTS AND DELIVERIES TO END CUSTOMERS
- The CloudCart® platform allows the Merchant to choose the ways in which his customers will pay for the purchased Products. The Merchant selects from the payment methods integrated into the CloudCart® platform. The Merchant can also choose payment methods outside those integrated with the CloudCart® platform if there is a technical possibility, and the parties reach a mutually acceptable agreement, with the Merchant paying an additional fee to CloudCart for this integration.
- To use the chosen payment methods, the Merchant must create his own registrations and accounts with the providers of the respective payment services and link them to his Online store, following the instructions published on the CloudCart® page and specified in these Terms and Conditions. CloudCart is not a party to the agreement between the Merchant and the provider of the respective payment service and bears no liability towards the Merchant and his clients in connection with the provision of the payment service.
- The CloudCart® platform allows the Merchant to choose the ways in which his customers will receive the purchased Products. CloudCart® offers a mechanism for calculating the shipping cost through integration with courier companies but does not provide the transportation itself. The Merchant is responsible for entering into a contract with a courier or arranging another method of delivering the Products to his clients. CloudCart is not responsible towards the Merchant and his customers for the delivery of the Products purchased through the Merchant's Online store.
THE ABOVE MEANS:
CloudCart provides options for choosing the payment method with end clients and the delivery method to them. Payment and delivery services are performed by third parties, and CloudCart is not responsible for receiving payment from the Merchant's end clients and does not provide the delivery of the goods or services to them.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- CloudCart reserves the right to change, limit, suspend, or terminate Additional Services, Applications, and/or Features at its discretion, at any time, after giving appropriate notice depending on the circumstances. Also, not all Additional Services, Applications, and Features are available in every country where CloudCart® platform’s Services are offered, and CloudCart is not obliged to provide them worldwide.
- CloudCart has the right to refuse to provide Services to a Merchant for objective reasons or due to a breach of the General Terms, the law, or good morals by the Merchant. CloudCart reserves the right, despite all necessary conditions for creating an Account in the CloudCart® platform being met, to refuse the provision of Services, Additional Services, and Features to the Merchant without being liable for their non-provision.
- CloudCart has the right to restrict, suspend or terminate the provision of Services to a Merchant in case of suspicion of a breach or established breach of the General Terms, the law, or good morals by the Merchant. In such case, CloudCart bears no liability whatsoever for any damages to the Merchant.
- CloudCart has the right, but not the obligation, to monitor the Account and Online Store/Website of each Merchant, block access to them, and remove all identified illegal materials, texts, Products, and other content, as well as to suspend the entire Online Store/Website if it deems necessary, without bearing any liability for any damages suffered by the Merchant.
- Verbal or written aggression and disrespectful behavior of any kind (including threats of violence) by a Merchant towards an employee, shareholder, or partner of CloudCart is grounds for terminating the provision of Services to the Merchant without CloudCart bearing any liability for any damages suffered by the Merchant.
- In the event of restricting or suspending the provision of Services concerning certain Products offered by the Merchant, before or immediately upon applying these measures, CloudCart will send by email to the Merchant a description of the reasons for their implementation. In case of complete termination of the provision of Services to a Merchant, CloudCart will send by email, 30 (thirty) days before the termination, a description of the reasons for termination. The 30-days notice period does not apply in the following cases:
- CloudCart has a statutory or other legal obligation by virtue of which it must completely terminate the provision of Services to the Merchant in a manner that does not allow it to comply with this notice period; or
- CloudCart exercises a termination right under the mandatory provisions of Bulgarian law; or
- CloudCart can prove that the Merchant has repeatedly violated the General Terms, due to which CloudCart has completely terminated the provision of Services.
- The description of the reasons under item 8.6 shall specify the specific facts and circumstances (including a description of signals from third parties) that led to the application of the measures, as well as the applicable grounds from the General Terms.
- CloudCart is not obliged to send a description of the reasons under item 8.6 when it has a statutory or other legal obligation not to provide the specific facts or circumstances or not to indicate the applicable grounds from the General Terms, or where it can prove that the Merchant had repeatedly violated the General Terms, because of which CloudCart has completely terminated the provision of Services.
- In case the provision of Services was restricted, suspended, or terminated, the Merchant has the right to file an objection with CloudCart, in which he must describe the alleged facts and circumstances, as well as present evidence in support of his allegations. If CloudCart acknowledges the objection as justified and accordingly cancels the restriction, suspension, or termination, the provision of Services is restored to the state before the restriction, suspension, or termination.
- In the event of a dispute over the ownership of an Account, CloudCart reserves the right to require any information and documents to determine or confirm the ownership of the Account, including but not limited to a certificate of the Merchant's current status, an extract from the register/registers in which the Merchant is registered, an identity document, and proof of ownership of the payment cards registered in the CloudCart® platform. CloudCart may make a decision on the dispute over the ownership of the Account based on the submitted evidence or deactivate the Account until an agreement is reached between the disputing parties.
- CloudCart does not promise or guarantee exclusivity to any Merchant in a specific market segment and reserves the right to provide Services to other Merchants in the same market segment, who may be competitors of the Merchant.
- CloudCart reserves the right to disclose, including by listing on its corporate website at https://cloudcart.com, the names and/or logos of all Merchants using the CloudCart® platform. Also, CloudCart has the right to use this information for advertising purposes in all channels free of charge, without requiring prior confirmation from the Merchant.
- CloudCart's non-exercise of any of its rights provided for by law or in the General Terms does not imply a waiver of exercising them at a later stage at CloudCart's discretion.
- The Merchant undertakes to comply with all applicable laws, the General Terms, and other contractual terms applicable in connection with the use of the CloudCart® platform and related services. The Merchant is fully responsible for compliance with the law when using the CloudCart® platform, including for actions, inactions, and violations committed by persons to whom the Merchant has granted access to his Account. CloudCart bears no liability whatsoever for the Merchant's illegal actions and inactions when using the CloudCart® platform.
- The Merchant is fully liable for all activities and content of the Online Store/Website, including for all photos, images, videos, audio files, graphics, code, and any other content uploaded, collected, generated, stored, published, distributed, transmitted, or displayed by him in connection with the created Account.
- The Merchant undertakes not to violate any rights of third parties, including intellectual or industrial property rights, when using the CloudCart® platform.
- The Merchant undertakes not to use the CloudCart® platform for illegal or unauthorized activities, including but not limited to:
- offering prohibited Products, offering Products that cannot be sold remotely or are subject to a permit or other regime if the necessary permission, license, registration, or other relevant requirements are not met;
- publishing, distributing, or otherwise providing any materials or other content that violates the Bulgarian or other applicable legislation, the General Terms, good morals, or the rights of third parties;
- uploading to the platform, distributing, transferring, loading, or otherwise using any virus or other malicious software, computer file, or program that contains viruses or other hazardous programs or their components.
- The Merchant is obliged not to alter, interfere with the performance and proper functioning, or undertake any other actions that would hinder the functioning of the CloudCart® platform or access to it by other Merchants.
- The Merchant is obliged not to reproduce, duplicate, copy, modify, adapt, distribute, sell, sublicense, assign or transfer in any way Services or parts of Services provided by CloudCart, nor to provide his access to the Services to third parties without the express written permission of CloudCart.
- By signing the General Terms, the Merchant undertakes to comply with CloudCart's Anti-Spam Policy ("Anti-Spam Policy") when using the platform and Services, not to send unsolicited commercial messages ("SPAM") in violation of the law or the Anti-Spam Policy, and not to engage in any other unlawful or unethical advertising or marketing. If there is information about a breach of the law or the Anti-Spam Policy, as well as in other cases provided for in the Anti-Spam Policy, CloudCart may suspend the provision of Services and access to the Merchant's Account and initiate an investigation of his activity, including by requiring evidence of compliance from the Merchant. If it is established that the Merchant has violated the law or the Anti-Spam Policy, CloudCart has the right to terminate the provision of Services.
- By signing the General Terms, the Merchant agrees to receive promotional, advertising, and other marketing messages and materials from CloudCart and its partners via email or other communication channels.
- The Merchant may choose to use one of the template designs available on the CloudCart® platform at https://cloudcart.com/bg/features/themes or create his own design for his Online Store (using the tools provided by the platform). CloudCart does not guarantee that the template designs will be supported for the duration of the subscription plan paid for by the Merchant. The Merchant expressly agrees that CloudCart has the right to modify or discontinue support for any template design at its discretion. CloudCart will notify the Merchant that it is discontinuing support for the template design no later than 1 (one) month before the support is terminated.
THE ABOVE MEANS:
CloudCart may change the provided Additional Services, Applications, and Features, discontinue their provision entirely or only for certain countries. CloudCart has the right to monitor the content in every Merchant's Online Store and Website, suspend access to it in case of illegal content, and remove such content. CloudCart has the right to limit, suspend or terminate the provision of Services in case of violation of the law, the General Terms, and morals, including in cases of verbal or written aggression towards CloudCart employees.
CloudCart has the right to inform the public in any manner it deems appropriate that a certain Merchant is using the platform and may use its logo for advertising purposes. CloudCart and its partners have the right to send the Merchant promotional, advertising, and other marketing messages and materials.
When using the platform, the Merchant is obliged to comply with the law, the General Terms, all other applicable contractual terms and policies of CloudCart, including not to infringe the rights of third parties and not to use the platform for illegal or unauthorized activities. The Merchant is fully responsible for the activities and content of his Online Store or Website.
- Confidential information includes, but is not limited to, any information related to the disclosing party's business that is not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs (including any applicable processing fees), price lists, and other unpublished financial information, business plans, marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. CloudCart's confidential information includes all non-public information you receive related to us or any Services, Additional Services, Applications, and Features.
- The information which each Merchant publishes in his Online Store/Website and which CloudCart has the right to use and distribute, is not confidential information. Confidential information does not include information which the receiving party can demonstrate that:
(1) was already publicly known or known to or possessed by the receiving party at the time of disclosure of such information;
(2) was independently developed by the receiving party without the use or reference to the confidential information of the disclosing party and without violating the provisions of the General Terms; or
(3) was lawfully obtained by the receiving party from a third party without violating the provisions of the General Terms.
- Each party undertakes to use the Confidential Information of the other party solely for the performance of its obligations under the General Terms and other applicable contractual and statutory conditions.
- Each party undertakes to take all necessary measures, at least equivalent to those it takes to protect its own confidential information, to prevent the copying, disclosure, or use of the Confidential Information of the other party, except:
(1) by or to its employees, consultants, and subcontractors who need to have access to the Confidential Information in order to perform the receiving party's obligations under the agreement with the disclosing party, provided that the receiving party ensures that each of these persons is subject to confidentiality obligations towards it that are at least as strict as those contained in this section; or
(2) when required by law or under an order of a competent authority.
THE ABOVE MEANS:
CloudCart and the Merchant agree to keep the Confidential Information of the other party confidential, with some exceptions described in this section.
- TECHNICAL SUPPORT
- Technical support regarding the Services provided by the CloudCart® platform is carried out solely through a system for management of requests and issues called the Ticket system, where each message sent to CloudCart is called a Ticket, and each Ticket has its priority and response time. Priorities are divided into 4 (four) different levels according to the Merchant's subscription plan.
- Telephone technical support is provided only for specific subscription plans. More information can be found at the following address: https://cloudcart.com/bg/pricing.
- Only persons who are administrators or moderators of the Merchant can submit Tickets. CloudCart does not respond to Tickets submitted by persons who are not administrators or moderators of the Merchant.
THE ABOVE MEANS:
The terms and conditions for providing technical support depend on the chosen subscription plan. Requests for technical support can be submitted only by administrators and moderators of the Merchant.
- PRICES AND PAYMENT METHODS
- All prices for subscription plans, packages, Features, Applications, and Additional services listed on CloudCart's website https://cloudcart.com/bg/pricing and in the Merchants' Administrative panels are in euros (EUR) and do not include VAT.
- All payments to CloudCart are made in euros (EUR), automatically, through the Merchant's payment card, with the amounts due for the selected Services being prepaid at 100%. If the Merchant cancels the Services before the expiration of the period for which they are paid, the paid amount will not be subject to refund by CloudCart.
- The Merchant has the right to a 30-day free trial period, starting from the date of registration of his Account, during which he can test the CloudCart® platform and create an Online store/Website. Within the free trial period, the Merchant must choose and pay for a subscription plan. Otherwise, the access to his Account is suspended. If the Merchant does not choose and pay for a subscription plan within 3 (three) months after the expiration of the free trial period, CloudCart has the right to delete his information from the CloudCart® platform.
- The subscription period starts running from the moment the Online store/Website becomes public, i.e., from pressing the button "Start accepting orders from clients". With the expiration of 30 (thirty) days from the moment of payment of the selected subscription plan, the subscription period starts running, even if the Merchant has not made the Online store/Website public.
- Subscription plans and other Services are automatically renewed after the end of the respective period for which they are paid, for a period equal to the time of the previous subscription period, with a 7-day notice of the upcoming automatic payment sent to the Merchant's email. If the Merchant does not explicitly cancel the subscription renewal before the expiration of its period, it will be considered that the Merchant wishes to continue using the platform, and the respective amount will be automatically debited from his payment card.
- The Merchant's turnover, according to which the applicable subscription plan is determined, is calculated monthly based on the previous 6 months. If, within the prepaid subscription period, the Merchant's turnover for the previous 6 months exceeds the 6-month turnover threshold according to which his current subscription plan is determined, the Merchant automatically switches to the subscription plan for the corresponding higher turnover for the remainder of the current subscription plan period, from the following month after reaching the threshold. In such case, the Merchant pays the price for the new subscription plan, reduced by the amount of the current subscription plan, calculated proportionally to the remaining term.
- The Merchant agrees and authorizes CloudCart to automatically collect the payments due from the Merchant through the payment card associated with his Account. Automatic payment applies to the renewal of Services (subscription plans, packages, Applications, Features). If the automatic payment cannot be performed for any reason and the due amounts are not paid by the Merchant on the due date, CloudCart has the right to suspend the Merchant's access to the Administrative panel. If the due payment is not made within 30 (thirty) days from the occurrence of the liability, CloudCart has the right to terminate the provision of Services.
- For avoidance of any doubt, the parties agree that a one-time authorization from the Merchant is necessary and sufficient for the execution of automatic payments under item 11.7. CloudCart is considered authorized to perform automatic payments for each subsequent subscription plan, package, Application, Feature, or Additional service based on the initial authorization, and it is valid until its cancellation with the "CANCEL" button available in the Merchant's Administrative panel.
- When a payment for a specific Service is required, the Merchant may authorize CloudCart by email or phone to perform the respective payment on his behalf. All phone calls are recorded by CloudCart, and the Merchant declares and agrees that the recordings will serve as evidence for the performed authorizations. The Merchant also declares and agrees that the email address specified in his Account is under his control and all expressions of will from that email, including payment confirmations, are made by the Merchant. In case of a hacking attack or any illegal seizure of the Merchant's access to his email or unauthorized access to the Merchant's email or payment card, the Merchant must immediately notify CloudCart. Transactions made until the notification are considered valid and performed by the Merchant.
- CloudCart confirms the receipt of the payment by activating the Services. CloudCart bears no liability if the Merchant has not provided a valid email address or did not receive the invoice for any other reason for which CloudCart is not responsible. We advise you to always check all folders in your email inbox, including the SPAM folder.
- CloudCart will store the information contained in or related to the Online Store/Website or other Service for a period of 30 (thirty) days from the date of expiration of the period for which the last payment for the Service was made. If no payment is made within the 30-day period to restore the Service, CloudCart will delete the information, except to the extent necessary for the fulfillment of CloudCart's statutory or contractual obligations or if the Merchant has paid for an archiving and storage service for the Online Store/Website. In such case, CloudCart bears no liability towards the Merchant for the loss of information, damage to his business reputation, or any other damages.
- When making a payment to CloudCart, additional fees may be charged by the respective payment service provider (e.g., the bank, the payment card issuer). For avoidance of any doubt, payment to CloudCart is considered made upon the crediting of its payment account with the full amount due, and any additional fees are owed separately to the respective provider.
- CloudCart does not owe a refund of paid amounts in case the Merchant cancels the paid subscription plan, package, Application, Feature, or Additional service, or does not use them, as well as in case he has not canceled the automatic renewal of the subscription within the terms specified in these General Terms.
- CloudCart reserves the right to change its prices at any time, indicating the new prices in the corresponding section of its website (https://cloudcart.com/bg/pricing). The changes cannot affect already prepaid subscription plans, packages, Applications, Features, and Additional services, but they apply automatically for the next subscription period and for Services that the Merchant wishes to add to his subscription plan after the change of prices.
- CloudCart issues an invoice for the due payments according to the data provided by the Merchant in the Administrative Panel of the respective online store on the CloudCart® platform, section Merchant Profile -> Invoice Data. For each Online Store of the Merchant, an invoice can be issued to a separate company.
THE ABOVE MEANS:
The Merchant pays the fees for using the platform through the registered payment card and should maintain the required balance for making the due payments. The Merchant authorizes CloudCart to automatically withdraw amounts for payment of the due fees from his payment card, and agrees that all amounts will be debited by CloudCart in euros (EUR).
In case of non-payment of the fee for any reason, CloudCart has the right to suspend the Merchant's access to the Administrative Panel of the Online Store. If payment is delayed by 30 days, CloudCart may terminate the provision of Services and delete the Merchant's information. CloudCart does not owe a refund of prepaid amounts.
- LIMITATION OF LIABILITY
- The Merchant expressly declares that he understands and agrees that CloudCart is not liable for any direct or indirect, material or immaterial damages, including losses, missed profits, damage to trade reputation, and others, which the Merchant has suffered in connection with or as a result of using or not using (regardless of the reason) the CloudCart® platform.
- CloudCart does not guarantee that the use of the Services will only bring benefits, revenues, or profits to the Merchant.
- The use of third-party services integrated with the CloudCart® platform is entirely at the Merchant's own risk, and all benefits and damages resulting from the use or inability to use these services are the liability of the Merchant. You can check the status of third-party services integrated with the CloudCart® platform at the following address: https://s.status.cloudcart.com.
- CloudCart cannot guarantee that the Services will be 100% active and that there will be no interruptions or errors in the operation of the CloudCart® platform. CloudCart is not responsible for any temporary suspension of the platform's operation, unavailability of Service, connectivity interruptions, technical equipment problems, or other similar circumstances caused by force majeure, accidental events, internet issues, unauthorized actions by third parties, including hacking attacks and other similar impacts, orders from competent government authorities, technical or other objective reasons.
- CloudCart is not responsible for damages suffered by the Merchant in connection with his Online Store, when the Merchant or his clients have entered untrue or incorrect data or have used the Online Store without complying with these General Terms or the general terms and conditions of the respective Online Store, other contractual terms, CloudCart's policies, CloudCart's instructions for creating and using an Online Store, or the provisions of the law.
- The merchant is obliged to procure himself all the necessary licenses, permits, registrations and other requirements for the legal sale of the Products in the Online Store.
- CloudCart is not responsible for any damages caused by the Merchant to third parties.
- CloudCart has no obligation to review, does not approve and is not responsible for the data, materials and any other content uploaded, stored, published or otherwise distributed by the Merchant on the CloudCart® platform.
- For avoidance of any doubt, CloudCart does not sell the Products to the Merchant's clients in his Online Store and is not responsible for the sale, payment, delivery, claims and returns of the Products ordered by the Merchant's clients.
- The Merchant undertakes to indemnify and hold CloudCart harmless from lawsuits and other claims of third parties (whether or not justified) for all damages and costs (including attorneys' fees and legal costs) arising out of or in connection with any non-compliance with the General Terms, bad faith or illegal actions or inactions of the Merchant, including when the Merchant has specified incorrect data in his Online Store, offered or sold illegal or unauthorized Products, violated the rights of his clients, copyright or other rights of intellectual or industrial property of third parties, consumer rights, personal data protection rules, competition rules and other legal or contractual requirements or provisions.
- In all cases, CloudCart's liability to the Merchant may not exceed the price paid by the Merchant for the Services in connection with the use of which the Merchant has suffered damages.
THE ABOVE MEANS:
CloudCart only provides you with the opportunity to have your own Online store built on the CloudCart® platform, without giving you guarantees of continuity, error-free operation and access to the store 100% of the time. CloudCart is not responsible for the quality of the Products offered by the Merchant, their delivery, payments and any related actions or inactions towards the end clients of the Online Store. You undertake to indemnify CloudCart in the event that CloudCart is forced to make any payments or suffers other damages due to your actions or inactions.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- All materials and all other content on the CloudCart® Platform, including but not limited to all text, articles and other literary works, graphics, images, photographs, designs, animations, video materials, interface elements, program code, applications, logos, domains, trade marks (including the CloudCart® trade mark) and databases, except those that the Merchant uses for and in the creation of its own Online Store/Website, as well as the database created by the Merchant of its Online Store/Website, are exclusive property of CloudCart and their use in any form without the express prior written consent of CloudCart is prohibited.
- For avoidance of any doubt, CloudCart does not claim any intellectual property rights to the data, materials and other content that the Merchant uses for and in the creation of its own Online Store/Website, as well as to the database created by the Merchant of the Online store/website. When uploading to the CloudCart® platform materials and other content belonging to the Merchant, he retains his intellectual property rights over them.
- When creating an Online Store/Website on the CloudCart® platform, the Merchant does not acquire any rights to the intellectual property objects of CloudCart, except for a non-exclusive, non-transferable and limited right of use under the terms and conditions of the General Terms for the period of provision of the Services and to the extent this is necessary for the creation and management of the Merchant's Online Store/Website on the CloudCart® platform. Upon termination of this Agreement or the provision of the Services, all Merchant's rights to use CloudCart's intellectual property objects shall terminate.
- The merchant does not have the right to access the programming code of the CloudCart® platform, and does not have the right to copy or modify it in any way. Any attempt by the Merchant to access, copy or modify the programming code of the CloudCart® platform is considered a material violation of the General Terms and CloudCart's exclusive rights to the CloudCart® platform.
- The Merchant has no right to remove or hide information about CloudCart's intellectual or industrial property rights in the Online Store/Website created through the CloudCart® platform.
- In the event of a suspected violation or in the event of an established violation by the Merchant of CloudCart's intellectual or industrial property rights, the latter has the right to suspend, respectively, terminate the provision of Services to the Merchant and the Merchant's use of the CloudCart® platform. In such case, CloudCart is not responsible for damages or loss of the Merchant's information.
- The Merchant agrees, authorizes and grants full rights to CloudCart to store, review and delete materials and other content uploaded by the Merchant to the CloudCart® platform, which violate applicable laws, the General Terms or good morals.
- Merchant represents that it owns all rights in and to the materials and all other content uploaded, published, provided, used and stored on the CloudCart® platform necessary for its lawful use. The merchant is fully responsible for the materials and other content uploaded, published, provided, used and stored by him on the CloudCart® platform, including for claims of copyright or other intellectual or industrial property rights, as well as for any other rights of third parties over them.
- In the event of a dispute regarding intellectual or industrial property rights related to any content on an Online Store/Website on the CloudCart® platform, CloudCart has the right to remove the disputed content, suspend the provision of Services and/or the Merchant's access to his Account, to demand from the Merchant documents and information to prove the contested intellectual or industrial property rights, as well as to perform any other actions with a view to clarify the facts and circumstances and resolve the dispute. CloudCart may make a decision on the dispute regarding the intellectual or industrial property rights based on the evidence presented or disable the Account until an agreement is reached between the disputing parties.
THE ABOVE MEANS:
Everything that the Merchant publishes in his own Online Store or Website is his property, and the Merchant bears full responsibility for any claims by third parties. The CloudCart® platform and all of its content, except for what the Merchant has published, is owned by CloudCart. CloudCart has the right to suspend or terminate the use of the CloudCart® platform in the event of suspected violation or established violation of CloudCart's intellectual or industrial property rights by the Merchant. CloudCart may remove illegal or contested content in the Merchant's Online Store or Website and suspend the provision of Services in the event of a dispute over intellectual or industrial property rights with a third party.
- SERVICES PROVIDED BY THIRD PARTIES
- CloudCart may provide access to and enable software, applications, products, services or links to third-party websites for use by the Merchant, such as payment service providers, courier services, ERP and warehouse systems, e-mail providers and others. The ability to use such third-party services is provided by the CloudCart® platform as a convenience only. The Services themselves are provided by the relevant third party.
- Any use by the Merchant of third-party services is entirely at the Merchant's discretion, risk and responsibility.
- CloudCart does not in any way endorse, give any guarantees or bear any responsibility with respect to any third-party services provided through the CloudCart® platform, whether integrated with the platform or provided in a bundle with CloudCart Services, or independently by third parties, or otherwise. The relations between the third parties and the Merchant in connection with the services provided by them are regulated in accordance with their general terms and conditions, privacy policies and other applicable documents, and the responsibility to get acquainted with these documents rests entirely with the Merchant.
- In connection with the use of third-party services, the Merchant may owe additional payment to CloudCart and/or the providers of these services.
- The CloudCart ecosystem includes third parties – independent providers of various services, such as web design, branding, marketing, advertising, accounting, legal, translation, photography, video and other services that the Merchant may need in creating and managing an Online Store /Website ("Experts"). The list of services included in the CloudCart ecosystem is available at the following address https://cloudcart.com/bg/connected-ecommerce/services.
- The Merchant can order an Expert service via the CloudCart® platform through his Account and via the marketplace. The Experts’ profiles on the platform contain information about the services they provide and the conditions under which they are provided, including price, term and other material conditions, as well as the rating of the Experts, which is formed by the evaluations of the Merchants who have used the services of the Experts. By pressing the "ORDER" button, the Merchant concludes a contract directly with the Expert under the conditions specified in the Expert's profile. For avoidance of any doubt, CloudCart is not a party to the contract between the Merchant and the Expert and bears no responsibility whatsoever for the services provided by the Expert.
- The Merchant and the Expert can agree on additional or different conditions for the performance of the service than those specified in the Expert's profile, with the exception of the price announced by the Expert. In such case, the Expert is obliged to comply with them when performing the service. Any order for an additional service or extension of the scope of the initial order must be made through the CloudCart® platform.
- By placing an order for a service provided by an Expert, the Merchant consents to CloudCart sharing with the Expert the Merchant's contact details in its possession, and for the Expert to use such contact details to communicate with the Merchant.
- The services of the Experts are paid only through CloudCard, and the amounts due are fully prepaid through the payment card associated with the Merchant's Account.
- Amounts paid for a service provided by an Expert are not refundable. If the Merchant objects that the Expert has not performed the ordered service as agreed, CloudCart provides another Expert to provide the service, without additional payment by the Merchant. The Merchant's subjective objections that the performance does not match his expectations are not a reason to provide him with another Expert, if the performance is in accordance with the conditions specified in the Expert's profile or the conditions additionally agreed between the Merchant and the Expert.
- CloudCart has the right at any time and at its sole discretion to terminate, suspend access to or remove from the CloudCart® platform services provided by third parties without bearing any liability to the Merchant or the end customers. In such case, CloudCart undertakes to provide the possibility of using a similar or analogous service.
THE ABOVE MEANS:
CloudCart is not responsible for services provided by third parties and they are used by the Merchant entirely at his own risk. If you use third-party services on the CloudCart® platform, we may share your contact information with them.
- ADDITIONAL SERVICES PROVIDED BY CLOUDCART
- When the Merchant wishes to receive an Additional Service provided by CloudCart, CloudCart sends him an offer by e-mail, which describes the essential conditions of the Additional Service, such as scope, price, execution period and others.
- The Merchant agrees that when he has accepted the e-mailed offer and has commissioned CloudCart with an Additional Service for his Online Store, he trusts the professionalism, creative vision and judgment of CloudCart for its execution, unless he has specified explicit requirements in the survey sent to him by e-mail. The Merchant's subjective objections that the product does not match his expectations are not grounds for returning the amount paid for the Additional Service if the product is in compliance with the accepted offer and the requirements described in the survey. In its work on the Additional Service, CloudCart has full autonomy, but all its actions will be in accordance with the requirements described by the Merchant in the survey.
THE ABOVE MEANS:
When the Merchant wants to receive an Additional service provided by CloudCart, CloudCart sends him an offer by e-mail, which indicates the scope, price, execution period and other conditions of the Additional service provided. CloudCart has full autonomy regarding the execution of the Additional Service, but must comply with the requirements set by the Merchant.
- SERVICES UNDER DEVELOPMENT
- CloudCart may, at its discretion, invite a Merchant to use on a trial basis services or features that are under development and not yet available to all Merchants ("Services under Development"). Such services may be subject to additional terms and conditions, which CloudCart will provide to each Merchant prior to their use.
- All communications and materials related to the Services under development will be considered confidential information and are subject to the privacy provisions in these General Terms. The Merchant may not make public statements or otherwise disclose its involvement in the Services under development without CloudCart's prior written consent.
- CloudCart gives no guarantees that the Services under development will function and may terminate them at any time in its sole discretion. CloudCart shall not be liable for damages arising out of or in connection with Services under development; and any such Service may not perform in the same manner as the final version. CloudCart may change or not release a final or commercial version of a Service under development at its sole discretion.
THE ABOVE MEANS:
CloudCart may offer for use services that are in the process of development and are not part of the provided Services. The Services under development may not function properly and may be discontinued at any time. The Merchant uses these services entirely at his own risk and CloudCart shall not be liable for any damages incurred from the use of these services. The Merchant is obliged to keep confidential its participation in the services under development.
- DATA PROTECTION
- For unregistered users, CloudCard only collects the following information: their IP address, the browser and operating system they use, the pages visited, and the date and time of the visit. CloudCart uses this information to analyze how non-registered users use the website in order to optimize it for their requirements or to send a message directly to their browser.
THE ABOVE MEANS:
- AMENDMENTS OF THE GENERAL TERMS
- CloudCart may amend these General Terms at any time by notifying the Merchant in an appropriate manner at least 15 days prior to the entry into force of the amendments. The Merchant has the right to terminate the contract with CloudCart before the expiration of the notification period for the upcoming amendments. By continuing to use the Services after the expiration of the notification period, the Merchant gives his consent and accepts all amendments of the General Terms.
- The Merchant can confirm the amendments of the General Terms in writing or in another unambiguous way before the expiration of the notification period under item 18.1.
- When the amendments of the General Terms result from the need to comply with legal or statutory obligations of CloudCart and compliance with the deadline under item 18.1 is impossible, the notification period may be shorter than 15 days or the amendments may take effect immediately. The same is applicable when CloudCart needs to exceptionally amend the General Terms in order to overcome an unforeseen and immediate danger related to the protection of the provided Services, the Merchants or the end clients from fraud, malware, spam, data security breaches or other risks, related to cybersecurity.
- CloudCart has no right to amend the General Terms with retroactive effect, except when the amendments are necessary to comply with legal or statutory obligations of CloudCart or if the amendments are for the benefit of the Merchants.
- Editorial amendments of the General Terms, which do not lead to a change in the meaning of the General Terms, enter into force immediately without CloudCart sending a prior notification to the Merchant.
- The CloudCart® platform’s General Terms, including all previous versions thereof, are available at https://cloudcart.com/terms-of-use.
THE ABOVE MEANS:
The General Terms may be amended by CloudCart at any time with a 15 days notice. During the notice period, the Merchant may terminate its contract with CloudCart. If he does not terminate the contract within the notice period, it is considered that the Merchant has agreed to the amendments of the General Terms. In certain cases, such as the need to overcome risks related to cyber security and others, the General Terms may be amended with shorter notice or without notice.
- This contract is terminated in the following cases
- upon expiry of the subscription plan chosen by the Merchant, if the subscription is not renewed in accordance with the General Terms;
- by mutual agreement of the parties in writing;
- in case one of the parties to the contract is objectively unable to fulfill its obligations;
- when one of the parties to the contract is terminated or declared insolvent;
- in the other cases provided for in these General Terms.
- The Merchant may at any time unilaterally terminate the contract, close his Account, stop all subscription services that are activated and suspend the use of his Online Store, from the Administrative Panel in the “My Subscriptions” section, by CANCELING all active subscriptions.
- The termination of the contract and the closing of the Account, regardless of the reason, has the following consequences for the Merchant:
- CloudCart will cease to provide the Services and the Merchant will no longer have access to his Account and Online Store/Website;
- The Merchant is not entitled to a refund of the fees and other amounts paid to CloudCart, the same remain in favor of CloudCart as compensation for early termination of the contract, except in the case under item 19.4;
- All fees and other payments due to CloudCart become immediately due;
- The Merchant has 30 days from the date of termination of the contract to download and store its database outside the CloudCart® platform. After this period expires, the Merchant's information is deleted, unless and to the extent that its preservation is necessary for the fulfillment of legal or contractual obligations of CloudCart. In such case, CloudCart is not liable to the Merchant for loss of information, damage to his commercial reputation, as well as for any other damages.
- CloudCart has the right at any time to terminate the contract before its expiration by sending a one-month written notice (including by e-mail) to the Merchant. If the period of the prepaid subscription plan has not expired, the termination of the contract takes effect after the expiration of the prepaid period or the part of the prepaid amount corresponding to the unexpired period is returned to the Merchant, at the choice of CloudCart.
- CloudCart has the right, at its discretion, to unilaterally terminate the contract without giving notice, if it finds that the Merchant violates the General Terms, applicable laws or good morals when using the Services. In such case, CloudCart does not owe compensation for early termination and is not liable for damages to the Merchant.
THE ABOVE MEANS:
The Merchant may close his Account by going to the "My Subscriptions" section of the Administrative Panel and stopping all active subscriptions. With the closing of the Account, access to it and to the created Online Store/Website is completely terminated. Fees paid to CloudCart will not be returned or refunded. Your liabilities to CloudCart that have not been paid become due. You have 30 days to download your database from the platform.
- DISPUTE RESOLUTION
- All disputes between the parties will be resolved by mutual agreement through negotiations.
- If the parties do not reach an agreement, all disputes arising from or related to this contract, including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes to fill in gaps in the contract or adapt it to new circumstances will be resolved by the competent Bulgarian court.
THE ABOVE MEANS:
Disputes between the parties, which cannot be resolved by them through negotiations, will be resolved by the competent Bulgarian court.
- WAYS OF COMMUNICATION
- The Merchant can use the following communication channels to contact the CloudCart team:
● Telephone - 0886771877;
● Email - [email protected];
● Facebook Messenger - https://www.facebook.com/cloudcartbulgaria
● Twitter - https://twitter.com/cloudcartcom
● Corporate website - https://cloudcart.com
● Support center - https://support.cloudcart.com
- Only persons who are administrators or moderators of the Merchant may submit inquiries and carry out any other communication with CloudCart. CloudCart does not respond to inquiries and other communications from persons who are not administrators or moderators of the Merchant.
THE ABOVE MEANS:
Inquiries and other communication with CloudCart can only be made by administrators and moderators of the Merchant.
- OTHER PROVISIONS
- The General Terms are regulated and interpreted in accordance with the legislation in force of the Republic of Bulgaria and the law of the European Union. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the General Terms and is expressly excluded.
- The invalidity of an individual clause of the General Terms does not affect the validity of the remaining clauses and the General Terms as a whole.
- The General Terms are also binding on the successors of the Merchants who continue to use the CloudCart® platform.
- The Merchant has no right to assign or transfer his rights arising in the relations with CloudCart.
- The General Terms are drafted in the Bulgarian language, and can be translated and available in languages other than Bulgarian. In case of discrepancies in the translations between the different language versions, the Bulgarian version applies.
- The headings of the sections and any brief explanation or summary of the individual clauses and sections of the General Terms in the "The above means" part are for your convenience only, are not legally binding and should not in any way serve to interpret the General Terms.
These General Terms and Conditions were adopted on 19 April 2023 and enter into force from the same date, except for Merchants who, as of 19 April 2023, have a contract with CloudCart for the use of the CloudCart® platform, for whom they enter into force as from 19 July 2023.