Terms and conditions

TERMS AND CONDITIONS GOVERNING THE USAGE OF PRODUCTS AND SERVICES PROVIDED AT ESTOCKMANAGER.COM

The following document describes the terms and conditions that govern the legal relations arising between:

1. The PROVIDER of online products and / or services provided on the online platform e-Stock Manager located on the Internet address with domain: estockmanager.com from "MAGNIC SOFTWARE" Ltd., UIC: BG202167815, with registered office and address: Slivnitsa , p.k. 2200, 24 Paisii Hilendarski Blvd. Bulgaria, with contact address: e-Stock Manager support e-mail , hereinafter referred to as "PROVIDER"

and

2. ANY PERSON who uses the online platform for informational purposes and / or for the purpose of purchasing the online products / services offered by the provider, hereinafter referred to as "USER".

2.1. These general terms and conditions apply to all products / services that the user can benefit from through the information provided on the provider's website and the functionalities of the e-Stock Manager online platform.

2.2. The provision of online products / services offered by the provider is limited to the description and functionalities set by the provider and does not include the provision of services and assistance other than the scope of the foregoing, unless individually agreed between the parties.

3.1. "Site" – an Internet resource accessible through the domain estockmanager.com

3.2. "Sale Agreement" - a contract concluded through the Site between the Merchant and the User for the purchase of the Services specifically offered by the Merchant. Any use of "Sales Contracts" or similar phrases will be synonymous with "Sales Contracts for Goods / Services".

3.2.1. "Remotedly signed contract" means any contract concluded between a trader and a consumer as part of an organized distance selling or distance provision service without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication.

3.3. "Online service" - the services provided by the Merchant are services of the information society within the meaning of the Electronic Commerce Act. The Consumer Protection Act is applicable to them, according to the Bulgarian and European Regulations.

3.4. "Merchant" - an individual or legal entity person who by profession provides a service subject to his proposal, published on the Site.

3.5. "Partner" is any person with whom e-Stock Manager.com is in a contractual relationship.

3.6. "Parties" - parties in the legal relationship arising from the purchase of products / services in the platform "e-Stock Manager" are "Provider" presented by "MAGNIC SOFTWARE" Ltd. and "Administrator" within the meaning of item 3.8.1 of these General Terms and Conditions.

3.7. "User" - any person who has visited and used the Site and its information system.

3.8. "Consumer" - User of the Site who has registered in order to purchase and use the services and / or products offered by the provider, as well as users registered only to use the products / services, which persons are classified in the following subgroups:

3.8.1. "Administrator" - Consumer, who purchases from the provider the services selected by him and pays the appropriate price in the manner provided in this General Terms, thus gaining active access to the functionality of the platform;

3.8.2. "Editor" – Consumer registered by the Administrator, who gains access to the e-Stock Manager 'Mobile App' functionalities in addition and limitation of the package and services purchased by the Administrator.

3.8.3. Mobile App – A mobile application within which Users benefit from the functionalities included in the Online service purchased by the Administrator through the e-Stock Manager Site;

4.1. These General Terms and Conditions governing contractual relations between the parties and third parties are concluded in accordance with the requirements of EU GDPR 2016/679 (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in the processing of personal data and for the free movement of such data and repealing Directive 95/46 / EC), in compliance with the principles and rules of the GDPR on data protection lawfully, fairly and transparently with regard to the data subject.

4.2. The Provider has the right to collect and use information about Users within the meaning of these General Terms in order to be properly identified by: name, surname, email address, physical address, telephone, and any other information that the person provides voluntarily when filling out the form for contact and subsequent documents accompanying the work process.

4.3. The Provider takes due care and is responsible for protecting the information about the User, which became known to him in connection with his activities, subject to these General Terms, except in cases of force majeure, accidental event or malicious acts of third parties.

4.4. The Provider collects and uses the information under the previous points for the purposes provided in these General Terms and Conditions.

4.5. By accepting these General Terms and Conditions, the User gives his explicit consent to the processing of personal data provided by him for the purposes of this agreement.

4.6. By pressing the virtual button "I accept" / "I know" or a button with an equivalent name, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms, accepts them and obliges to observe them. By recording it on an appropriate medium in the server of the Provider, through a generally accepted standard for conversion in a technical way, making it possible to reproduce, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. The Provider may store in log files on its server the IP address of the User, as well as any other information necessary for its identification and reproduction of its electronic statement of acceptance of the General Terms in the event of a legal dispute. The text of these General Terms and Conditions is available on the Internet on the website of the Provider in a way that allows its storage and reproduction.

4.7. Upon registration, the User undertakes to provide correct information about his identity and other data required by the electronic form.

5.1. The types of services and products provided by the Provider are presented in the online platform e-Stock Manager, and are generally divided into the following two groups:

  • "Inventory management" – The Provider provides the "Administrator" and its "Editors" with access to functionalities for managing stock, availability through a Mobile Application, via API, in relation to the package and/or subscription plan selected by the Administrator.
  • "Messages" – The Provider informs the "Administrator" and its "Editors", through messages in the Mobile Application, about events described in the plan, which the Administrator has chosen and paid for.

5.2. The administrator can request / purchase a one-time service / product.

5.3. In order to change their subscription plan, the Administrator needs to contact the Provider. After the Provider resets the current subscription period, the Administrator can choose a new plan. Amounts corresponding to the remainder of the interrupted period, which are not used, are not refundable.

6.1. To conclude the contract it is necessary for the User to register online in order to receive a username and password (user profile) in the e-Stock Manager platform:

6.1.1. For the purposes of registration it is necessary to provide the following information: name, username, email and password.

6.2. After registration, the Provider provides the Consumer access to platform functionalities.

6.3. Upon registration of the first online store on the Site, the Administrator receives a one-time, 14-day test period, with access to all functionalities in the mobile application related to the registered store.

6.4. The Contract is considered concluded and enters into force from the moment the Consumer (Administrator) confirms his agreement with these General Terms and Conditions and pays the price corresponding to the selected services / products.

6.5. The Provider provides the Consumer (Administrator) with full access to the purchased services / products after payment of the due price, at which point the service is considered fully provided within the meaning of Art. 57, item and item 13 of the Consumer Protection Act of the Republic of Bulgaria, therefore by accepting these General Terms and Conditions the Administrator declares that he is aware that he loses his right to withdraw from the distance contract.

7.1. The services and products described in Section V are listed on the site with a fixed price for performing a specific online service, with a specified functionalities of the selected package.

7.2. The indicated prices are calculated on a yearly basis and their one-time payment allows one-year access to the mobile app functionalities.

7.3. The prices for the provided services and / or products are with a fixed price, indicated in the respective currency in the online platform e-Stock Manager, and are without incl. VAT.

7.4. The administrator pays the supplier the price for the selected products / services in full, at which point the online order is considered complete.

7.5. Methods of payment: The agreed price is paid by money transfer through the online payment platform "Stripe";

7.6. The provider reserves the right to unilaterally make changes and updates to prices. The changes will not affect services that have already been paid for by the Administrator.

7.7. The Administrator declares that he is aware of and accepts that the Provider has no financial relationship with the "Editors" within the meaning of these General Terms, the Provider is not responsible for settling internal relations between them and that all claims and possible disputes arising in the course of work should be addressed only to the Administrator.

8.1. After completing the registration in the e-Stock Manager platform, the Administrator get access to the overall functionalities of the platform.

8.2. Access to the functionalities of the Mobile Application is obtained after paying for the selected services/products for the stores that the Administrator wants to manage or under the conditions specified in 6.3..

8.3. The minimum payed period for gaining access to the platform is 1 (one) - year, as all prices are calculated on a yearly basis, according to the conditions of item 7.2.

8.4. The platform provides an opportunity for subscription service, within which:

8.4.4. The payment of the selected subscription is made by the money transfer payment platform "Stripe":

8.4.4.1. Within 15 (thirty) days before the expiration of the prepaid subscription, the Administrator has the opportunity to request renewal of the subscription for the next period lasting 1 (year).

After making an payment, the Administrator has no right to cancel the concluded subscription contract, according to the terms of item 6.5 of these General Terms.

9.1. The Provider has the following rights, obligations and responsibilities:

9.1.1. To provide the Administrator with full access to the functionalities of the e-Stock Manager platform according to the parameters selected and paid by him.

9.1.2. To provide assistance to the Administrator in the form of timely support and troubleshooting related to the operation of the online platform e-Stock Manager, requested from the Administrator by the support email: e-Stock Manager support e-mail

9.1.3. To observe the storage of personal data provided in the course of registration, in accordance with Bulgarian and European legislation.

9.1.4. To change, supplement, add or terminate additional services, applications or functionalities of the online platform e-Stock Manager at its discretion, without notice and at any time.

9.1.5. In order to improve the quality of the Service, to perform prevention, troubleshooting and other related activities, the Provider has the right to temporarily limit or suspend the provision of the service.

9.1.6. The provider is not responsible for any damages and lost profits.

9.2. The administrator has the following rights, obligations and responsibilities:

9.2.1. The Administrator is considered a Party of the distance signed contract of sale of products and services provided through the online platform e-Stock Manager;

9.2.2. The Administrator is obliged to pay the Provider the appropriate price for gaining access to the online platform e-Stock Manager and Mobile app, as well as to monitor the expiration of paid services and subscriptions.

9.2.3. The Administrator is the organizer of the activities that other Consumers ("Editors") will use and implement and is responsible for the access control for this users.

9.2.4. The Administrator organizes the registration of "Editors" by adding them to his account in order to provide access to the online platform and 'Mobile App' of "e-Stock Manager", as follows:

  • For the purposes of registration, the administrator should specify: name, username, password and domains (e-commerce) to which gives access to the respective Consumer.
  • After being added to the Administrator's account, the "Editors" receives login information from the Administrator.

9.2.5. The Administrator is responsible for the written content published by the Editors, attachments (texts, videos, audio and photos, images, etc.) and external links (links) in the online stores to which the Editor has access, and undertakes to control them:

  • The Administrator has the right to suspend the access of "Editor" in case of established violation of the rules established in these General Terms and Conditions.

9.3. The "Editor" has the following rights, obligations and responsibilities:

9.3.1. The Editor gets access to the 'Mobile App' 'e-Stock Manager' after being added by the Administrator to his user account and after registration completed under item. 9.2.4.

9.3.2. The Editor has the right to organize products and receive messages within the specific e-commerce in which has been added by the Administrator through his administrator account with the conditions of items 9.2.4.

9.3.3. The Editor's access to the functionalities included in the product purchased by the Administrator is provided only within the e-Stock Manager 'Mobile App'.

9.3.4. The Editor declares that he accepts and undertakes to comply with these General Terms and Conditions, as well as that he is responsible for the consequences of the functionalities he uses on the online stores to which he is granted access.

9.3.5. The Editor declares that he/she is familiar with the conditions of items 9.2.5, according to which his/her access to the Mobile app may be officially deactivated in violation of these General Terms and Conditions, the law and good manners.

9.3.6. The Editor declares that he/she is familiar with and accepts that there aren’t any financial and contractual relations between him/her and the Provider and all claims and possible disputes should be addressed only to the Administrator.

9.4. General provisions for Users of the e-Stock Manager platform:

9.4.1. By accepting these General Terms and Conditions, all Users who have access to the online platform "e-Stock Manager" declare that they are over 18 years old.

9.4.2. Each user is responsible for maintaining the confidentiality of their account, username, password and for all activities related to or occurring within the created account. The user declares and guarantees that the information in their account will be accurate and up-to-date. The user undertakes to notify the Provider immediately of any unauthorized use of his user account or other security breach. The user is responsible for terminating the online access to the platform by pressing the "exit" button after the end of each use, in order to prevent malicious actions by third parties.

10.1. The intellectual property rights over all materials and resources located on the Provider's website (including available databases) are subject to protection under the Copyright and Related Rights Act and belong to the Provider or the respective Consumer. They may not be used in violation of applicable law by third parties, in their capacity as visitors to the website or customers within the meaning of these General Terms and Conditions.

10.2. Copying or reproduction of information outside of the permissible, and any other violation of intellectual property rights on the resources available within the platform e-Stock Manager, entitle the violated party to claim compensation for direct and indirect damages in full.

11.1. In the event that any of the provisions of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.

11.2. In the course of the contract, the Provider has the right to engage third parties in the organizational process and maintenance of the online platform in order to fulfill the commitments.

11.3. Except in the cases provided in these General Terms and Conditions and the law, the contract between the parties shall be considered as terminated in case the Provider as a legal entity shall be terminated or in case of termination of the maintenance of its website, in which cases each party must fulfill its obligations to date, if possible.

11.4. The Provider undertakes to notify the Users in case of changes in these General Terms and Conditions within 30 days from the occurrence of this circumstance at the e-mail address specified by the User and / or by sending a message within the e-Stock Manager platform.

11.5. All disputes arising out of or relating to these General Terms and Conditions, including disputes arising out of or relating to interpretation, invalidity, non-performance or termination, will be settled by negotiation and mutual agreement. In case of failure to reach an agreement, disputes will be resolved in court, in accordance with the provisions of Bulgarian law and the relevant European regulations.

This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights.

11.6. By accepting these General Terms and Conditions, the Users agree that the communication with the Provider and all notifications, agreements and will be made electronically through the contact e-mail addresses listed on the site.

These General Terms and Conditions have been accepted by the legal representatives of MAGNIC SOFTWARE Ltd., UIC: BG202167815, with registered office and address of management: Slivnitsa, p.k. 2200, 24 Paisii Hilendarski Blvd, Bulgaria, and are up to date on: 26.11.2021.