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Terms & Conditions

GENERAL TERMS AND CONDITIONS OF THE ELECTRONIC STORE

[PATTERN FABRICA]

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between "PATTERN FABRICA", hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the electronic store www.patternfabrica.com, hereinafter referred to as the "ONLINE STORE".

II. DATA ABOUT THE SUPPLIER

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Provider: "PATTERN FABRICA" owned and managed by Yordanka Arnaudova

2. Registered office and address of management: Sofia, Bulgaria

3. Address for exercising the activity: Sofia, Bulgaria

4. Correspondence details: hi@patternfabrica.com

5. Registration in public registers: VAT180751387

6. Supervisory authorities:

(1) Personal Data Protection Commission

Address: Sofia 1592, 2, "Prof. Tsvetan Lazarov" Blvd.,

tel.: (02) 940 20 46

fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

(2) Consumer Protection Commission

Address: 1000 Sofia, "Slaveykov" Square No. 4A, floors 3, 4 and 6,

tel.: 02 / 980 25 24

fax: 02 / 988 42 18

hotline: 0700 111 22

Website: www.kzp.bg

8. Registration under the Value Added Tax Act No. 121516918

III. CHARACTERISTICS OF THE ELECTRONIC/ONLINE STORE

Art. 3. The electronic store is accessible at the Internet address www.patternfabrica.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE, including the following:

1. To register and create a profile for viewing the ELECTRONIC STORE and using additional services for providing information;

2. To make an electronic statement in connection with the inclusion or execution of contracts with the ELECTRONIC SHOP through the interface of the ELECTRONIC SHOP page, accessible on the Internet;

3. To conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC SHOP;

4. To make any payments in connection with the concluded contracts with the ELECTRONIC SHOP, according to the payment methods supported by the ELECTRONIC SHOP.

5. To receive information about new goods offered by the ELECTRONIC SHOP;

6. To review the goods, their characteristics, prices and delivery conditions;

7. To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC SHOP page on the Internet;

8. To exercise the right to withdraw from the contract, included remotely for the goods offered by the Supplier, for which the right to withdraw from the contract is applicable;

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) The Users conclude a contract for the purchase and sale of the goods offered by the ELECTRONIC SHOP through the Supplier's interface, accessible on its website on the Internet or other means of distance communication.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer the ownership of the User to the persons specified by it through the interface of the goods.

(3) The Users pay the Supplier a fee for the delivered goods in accordance with the conditions, definition of the ELECTRONIC SHOP and these general terms and conditions. The remuneration is in the amount of the price announced by the Provider at the address of the ELECTRONIC SHOP on the Internet.

(4) The Provider delivers the goods requested by the Users within the terms and under the conditions set by the Provider on the website of the electronic store and in accordance with these general terms and conditions. (5) The price for delivery is determined separately and explicitly from the price of the goods.

Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic communications under the notification of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site were made by the persons specified in the data specified by the User upon registration, if the User has entered the relevant username and password for access.

IV. USE OF THE ELECTRONIC/ONLINE STORE

Art. 7. (1) In order to use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him, in cases where the electronic store requires registration.

(2) The name and password for remote access are determined by the User, by registering electronically on the Provider's website.

(3) By filling in his data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Provider confirms the registration made by the User by sending an email to the email address specified by the User, to which information for activating the registration is also sent. The User confirms the registration and the conclusion of the contract by an electronic link in the email notifying him of the completed registration sent by the Provider. After confirmation, an account is created for the User and contractual relations arise between him and the Provider.

(5) When registering, the User undertakes to provide correct and up-to-date data. The User promptly updates the data specified in his registration in case of change.

(6) In order to use the full functionality of the Provider's e-shop, the User undertakes to register on the e-shop website. The Provider is not liable if, due to lack of registration, the User was unable to use the full functionality of the e-shop, including with regard to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.

(7) These general terms and conditions may be accepted by the Users without registering in the ELECTRONIC SHOP by express declaration of will, including through the ELECTRONIC SHOP website.

Art. 8. (1) The e-mail address provided upon initial registration of the User, as well as any subsequent e-mail address used for exchange of statements between the User and the Provider, is the “Primary e-mail address” within the meaning of these general terms and conditions. The User has the right to change his/her Primary contact e-mail address.

(2) Upon receipt of a request to change the Primary contact e-mail address, the Provider shall send a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary Contact Email Address specified by the User.

(3) The change of the Primary Contact Email Address is made after confirmation by the User, expressed by a reference contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.

(4) The Provider informs the User about the change made by an email sent to the Primary Contact Email Address specified by the User before making its change under para. 2.

(5) The Provider is not liable to the User for an unlawful change of the Primary Contact Email Address.

(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 9. (1) Users primarily use the interface of the Provider's website to conclude contracts for the purchase and sale of goods offered by the Provider in the ELECTRONIC SHOP. (2) The contract is concluded in Bulgarian.

(3) The contract between the Provider and the User constitutes these general terms and conditions, available on the ELECTRONIC SHOP website.

(4) The party to the contract with the Provider is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt, these are the data with which an account with the Provider was created.

(5) The Provider includes in the interface of its website technical means for identifying and correcting errors when entering information before the statement for concluding the contract is made.

(6) This contract is considered concluded from the moment of registration of the User with the Provider or acceptance of the general terms and conditions in another explicit manner, including through a statement on the Provider's website. The contract for the purchase and sale of goods is considered concluded from the moment of its application by the User through the Provider's interface.

(7) The Provider expressly notifies the User of the conclusion of this contract and the conclusion of the contract for the purchase and sale of goods in an appropriate manner by electronic means. (8) The statement for the conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.

(9) The Provider delivers the goods to the address specified by the Users and is not liable in the event that the data specified by the Users are incorrect or misleading.

Art. 10. (1) Users conclude the purchase and sale contract with the Supplier according to the following procedure:

Registering in the ELECTRONIC STORE and providing the necessary data, if the User does not have a registration in the ELECTRONIC STORE or by requesting a product without registering;

Logging into the ELECTRONIC STORE ordering system by identifying with a name and password and another method of identification;

Selecting one or more of the products offered in the ELECTRONIC STORE and adding them to a list of products for purchase;

Providing data for the delivery;

Choice of method and time of payment of the price.

Confirmation of the order;

(2) Users can conclude the purchase and sale contract with the Supplier without registering, by using the relevant functionality in the interface of the e-shop

VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION

Art. 11. The rules of this Section VI of these general terms and conditions apply to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration in the ELECTRONIC STORE, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

PATTERN FABRICA is an online store that sells digital products (clothing/sewing patterns) in the form of files in PDF, PLT/HPGL, DXF+RUL/AAMA formats.

Purchased files are sent to the buyer by email or a download link is sent after payment has been made and received.

Digital files are non-returnable items. Once the files have been downloaded or accessed, we cannot accept returns, exchanges or cancellations, as digital items cannot be “returned” according to:

European Union Directive 2011/83/EU — Article 16, letter m:“The right of withdrawal under Article 14 shall not apply to: … (m) the supply of digital content that is not supplied on a tangible medium, if the performance has begun with the consumer’s consent and he has acknowledged that he will lose his right of withdrawal.

Consumer Protection Act (CPA) — Art. 57, para. (1): Art. 57. (Repealed - SG, No. 105 of 2006, effective 01.01.2007, new - SG, No. 61 of 2014, effective 25.07.2014) The provisions of Art. 50 - 56 on the consumer's right to withdraw from the distance contract or the off-premises contract do not apply to contracts: 1. for the provision of services, where the service is fully provided and its performance has begun with the consumer's express prior consent and confirmation on his part that he knows that he will lose his right of withdrawal after the contract is fully performed by the trader.

Art. 12. (1) The main characteristics of the goods offered by the Supplier are determined in the profile of each product on the ELECTRONIC SHOP website.

(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC SHOP website.

(3) The value of the postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before the conclusion of the contract:

- In the profile of each of the products on the ELECTRONIC SHOP Supplier's website;

- When selecting the goods for concluding the purchase and sale agreement;

(4) The method of payment, delivery and performance of the agreement is determined in these general terms and conditions, as well as the information provided to the User on the Supplier's website.

(5) The information provided to the Users under this article is up-to-date at the time of its visualization on the Supplier's website before concluding the purchase and sale agreement.

(6) The Supplier must indicate the terms of delivery of the individual goods on its website.

(7) The Supplier indicates before concluding the agreement the total value of the order for all goods contained therein.

(8) The Users agree that all information required by the Consumer Protection Act may be provided through the interface of the ELECTRONIC STORE platform or by e-mail.

Art. 13. (1) The User agrees that the Supplier has the right to accept advance payment for the contracts concluded with the User for purchase and sale of goods and their delivery. (2) The consumer independently chooses whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.

Art. 14. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods through the unified form for withdrawal from the contract, available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Consumers may also use another unambiguous statement, which may be recorded on a durable medium.

(2) The right of withdrawal under para. 1 does not apply in the following cases:

1. for the delivery of goods made to order by the consumer or in accordance with his individual requirements;

2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;

3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for reasons related to hygiene or health protection;

(4) Where the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all amounts received from the Consumer, including delivery costs, without undue delay and not later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the contract. The Supplier shall reimburse the amounts received using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to use another means of payment and provided that this does not involve costs for the Consumer.

(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the Consumer and the costs of returning the goods shall be deducted from the amount paid by the Consumer under the contract. The Supplier is not obliged to reimburse the additional costs of delivery of the goods when the User has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period under para. 1.

Art. 15. (1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the User through the Supplier's website, unless the goods are ordered in one delivery.

(2) In case the User and the Supplier have not determined a delivery period, the delivery period of the goods is 30 working days, counting from the date following the sending of the User's order to the Supplier through the e-shop website.

(3) If the Supplier cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User of this and to refund the amounts paid by him.

Art. 16. (1) The Supplier shall transfer the goods to the User after verifying the fulfillment of the requirements for providing information to the User in accordance with the Consumer Protection Act.

(2) The User and the Supplier shall verify the circumstances under para. 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.

(3) The User and the Supplier agree that the requirements under para. 1 will be met if the verification is carried out by a person who, according to the circumstances, can be concluded that he will transmit the information to the User - a party to the contract.

VIII. PROTECTION OF PERSONAL DATA

Art. 19. (1) The Supplier shall take measures to protect the User's personal data in accordance with the Personal Data Protection Act.

(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.

(3) The Provider accepts and announces on its website a Personal Data Protection Policy.

(4) Users agree that the Provider has the right to process their personal data necessary for the fulfillment of orders in the e-shop and the performance of the contract.

Art. 20. (1) At any time, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost his username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.

IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter shall notify all Users who have registered in an appropriate manner. (2) The Provider and the User agree that any additions and amendments to these general terms and conditions shall be effective against the User after the Provider has expressly notified him/her and if the User does not declare within the 30-day period provided to him/her that he/she rejects them.

(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions shall be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him/her.

Art. 22. The Provider publishes these general terms and conditions on its website along with all additions and amendments to them.

X. TERMINATION

Art. 23. These general terms and conditions and the User's contract with the Provider shall be terminated in the following cases:

upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

by mutual agreement of the parties in writing;

unilaterally, with prior notice from each party in case of non-fulfillment of the obligations of the other party;

in case of objective impossibility of any of the parties to the contract to fulfill its obligations;

in case of seizure or sealing of the equipment by state authorities;

in case of deletion of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

in case of exercise of the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the supply of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable to the respective category of goods.

XI. INTELLECTUAL PROPERTY AND COPYRIGHT

Sale of Digital Art Works with Limited Rights

All digital files and patterns, including PDF, PLT/HPGL, DXF+RUL/AAMA files, images (JPG/PNG), drawings, instructions, texts, and other materials published on or purchased from this online store are provided to the customer with limited rights for personal, non-commercial use. These materials constitute copyrighted works within the meaning of Art. 3, para. 1 of the Bulgarian Copyright and Related Rights Act (ZAPSP/CRA).

Purchasing a file does not transfer copyright ownership as defined in Art. 18 and Art. 19 of the Act. Copyright arises automatically upon the creation of the work (Art. 2 ZAPSP) and belongs exclusively to its author, unless otherwise agreed in writing.

The USER/BUYER is granted the right to use the purchased files solely for personal, non-commercial purposes. Any copying, resale, public distribution, sharing with third parties, online publication, or modification without the written permission of the author constitutes an infringement under Art. 18, para. 1 and Art. 94 of the ZAPSP.

The patterns and files published and offered for sale on the website www.patternfabrica.com are and remain the exclusive property of Yordanka Yordanova Arnaudova, registered with the Bulgarian Registry Agency under VAT 180751387. The USER/BUYER may use them for personal purposes only and is expressly prohibited from reselling, modifying, or presenting them as their own creations.

The customer/user is allowed to:

download and use the purchased file for personal, non-commercial purposes (e.g. printing for personal use, digital background, etc.).

The customer/user is not allowed to:

resell, distribute, republish, modify, or use the work for commercial purposes;
claim authorship or ownership of the work.

All copyrights to the digital works remain the sole property of the author, pursuant to Art. 3, Art. 15, and Art. 35 of the ZAPSP.

In case of an established infringement, the author has the right to seek compensation, including through legal proceedings, under Art. 95–97 of the ZAPSP, as well as to demand the cessation of unlawful use.

XII. TERMINATION

Art. 23. These general terms and conditions and the User's contract with the Supplier shall be terminated in the following cases:

upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

by mutual agreement of the parties in writing;

unilaterally, with prior notice from each party in case of failure to fulfill the obligations of the other party;

in case of objective impossibility of any of the parties to the contract to fulfill its obligations;

in case of seizure or sealing of the equipment by state authorities;

in case of deletion of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts shall remain in force and shall be subject to execution;

in case of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods shall be terminated, if the right of withdrawal from the contract is applicable to the respective category of goods.

XIII. OTHER CONDITIONS

Art. 24. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 25. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

Art. 26. All disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.