TERMS & CONDITIONS

OVERVIEW AND DEFINITIONS

This website www.creagifts.art is operated by M&G TRADE SLLC, Sofia, Bulgaria, European Union. Throughout the site, the terms “we”, “us” and “our” refer to M&G TRADE SLLC. 

M&G TRADE SLLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

  • Company / Online merchant - M&G TRADE SLLC. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to www.creagifts.art website.
  • Internet Page / Website/ Site / Online Shop – refers to the domain http://www.creagifts.art and its subdomains.
  • Web Shop / Online Store www.creagifts.art – a tool for online commerce through the Website. A contract for the purchase and sale of goods is concluded electronically via the Website.
  • User - any individual or legal person or other legal entity that uses the Internet Page in any way, including but not limited to have views, to make orders and performing any other actions through it.
  • User profile – a section of the Website formed by an email address and password, which allows the User to send an order, and which contains information about the User and the history of some of his actions on the Site (Orders, update of shipping data, etc.).
  • Order or Request - means a request by the User to purchase Products/ Items from Us throughout the Online Store www.creagifts.art.
  • Product(s)/Good(s)/Item(s) – refer to the products or items offered for sale on the website www.creagifts.art.
  • Campaign/ Promotional Campaign - any commercial communication aimed at promoting certain goods that are available in limited stock for a certain period of time specified by www.creagifts.art. Promotions refer also to contests, sweepstakes or other promotions offered through the Service.
  • Service - refers to the Website.
  • Device - means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback - means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Contract for the purchase and sale of goods, concluded electronically - represents a remote contract concluded between the Online merchant and the User for the purchase and sale of goods through the online store www.creagifts.art, an integral part of which are the present general terms and conditions.
  • Terms and Conditions (also referred as "Terms" or "Terms of Use") - mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service - means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • You - means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

By visiting our Website and/ or purchasing something from Us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Site, You agree to be bound by these Terms of Service. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when You use the Website and tells You about your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, You represent that You are at least the age of majority in your state or province of residence, or that You are the age of majority in your state or province of residence, and You have given Us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - PLACING ORDERS FOR PRODUCTS

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to your Order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:

  • Products availability
  • Errors in the description or prices for Products
  • Errors in your Order

We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Products You purchase can only be returned or refunded in accordance with these Terms and Conditions.

Refunds

It is possible that an item does not match your expectations, or You change your mind. To request a refund, please send Us an email with your name, address, order number, and giving us the reason why you are returning the item at: info@creagifts.art

If you purchase a Product, and for some reason You decide that You would like a refund, You have 10 days to request a refund. If You do not request a refund within the 10-day refund period, You forfeit this option and will not be eligible for a refund.

For online purchase, You have 14 days to be reimbursed since we receive back your returned item. Please note that the cost of shipping is your full responsibility. Products must be returned and carefully repackaged in their original packaging and condition.

If You have received an item that is defective or damaged, please contact Us within 10 days. We will help You restore any issues as quickly as possible by replacing the item (if possible) or refunding the amount paid. The defective item should be returned to Us by post, please note that shipping cost is your responsibility.

Should You want to cancel your placed order, You could do this within 24 hours via emailing Us at info@creagifts.art. Then We can cancel your order for you and issue a full refund.

SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but We have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

We are constantly updating our offerings of Products on the Service. The Products available on our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any Third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES (if applicable)

Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to refund or return only according to our Shipping & Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the Store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of Us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this Site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCOUNT INFORMATION AND ACCURACY OF BILLING

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.

You agree not to disclose your password to any Third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express, Discover & Diners Club and all payment cards accepted by Stripe.com payment service provider.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to Third-party tools over which We neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-party tools.

Any use by You of optional tools offered through the Site is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant Third-party provider(s).

We may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Our Service may contain links to Third-party web sites or services that are not owned or controlled by the Company.

Third-party links on this Site may direct You to Third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any Third-party materials or websites, or for any other materials, products, or services of Third-parties.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-party web sites or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-party websites. 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Please review carefully the Third-party's policies and practices and make sure you understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding Third-party products should be directed to the Third-party.

SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, You send certain specific submissions (for example contest entries) or without a request from Us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that We determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or Third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any Third-party.

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

SECTION 11 - PERSONAL INFORMATION

(1) The collection, storage, and processing of personal data is carried out in accordance with the Privacy Policy of M&G TRADE SLLC, which is made available for your access here Privacy policy. Before You continue using our Website, We advise you to read our Privacy policy regarding our user data collection. 

(2) The personal data entered by the Users is subject to the protection under the Bulgarian Personal Data Protection Act and the General Regulation 2016/679 as the Provider processes them for the purposes and within the terms set forth in the Privacy Policy.

(3) Upon User's consent to the Privacy Policy, the User expressly confirms their consent that Provider may store information on User's terminal equipment and access and process such information for the purposes exhaustively specified therein. The User agrees that the Provider may store information on User’s terminal equipment and access such information also on any other legal basis to the extent provided for in the Privacy Policy.

(4) The User has the right to object to the storage or access to the information under section 3 above as provided for correspondingly in the Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - INTELLECTUAL PROPERTY

You agree that all materials, products, and services provided on this website are the property of Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that You will not reproduce or redistribute the Company’s intellectual property in any way, including electronic, digital, or new trademark registrations.

The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and brand name may not be used in connection with any product or service without the prior written consent of the Company.

You grant the Company a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, You should contact the Company in order to come to an agreement.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to You through the Service are (except as expressly stated by Us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall M&G TRADE SLLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless M&G TRADE SLLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any Third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a Third-party.

SECTION 17 – SEVERABILITY AND WAIVER

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either You or Us. You may terminate these Terms of Service at any time by notifying Us that You no longer wish to use our Services, or when You cease using our Site.

If in our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT 

The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Us on this Site or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

By using this Website, You agree that the laws of the Country, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between M&G TRADE SLLC and You, or its business partners and associates.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

SECTION 22 - CONTACT INFORMATION

M&G TRADE SLLC

Bulgaria, Sofia 1233, Banishora district, building 37;

E-mail: info@creagifts.art 

If you have any questions about these Terms and Conditions, You can contact Us via using the contact form on our Website www.creagifts.art/en/contacts.

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