Terms and Conditions for Courses and Training

1. Subject Matter

1.1. These General Terms and Conditions for Courses and Training are intended to govern the relationship between:

“BUSINESS AS POETRY” EOOD, a sole-member limited liability company incorporated and operating under the laws of the Republic of Bulgaria, registered in the Commercial Register and Register of Non-Profit Legal Entities maintained by the Registry Agency with UIC: 208690765, with its registered office in Sofia, Republic of Bulgaria, and its principal place of business at Sofia 1606, Krasno Selo District, 1 St. Ivan Rilski Str., Floor 4, Apt. 8, represented by its manager Bistra Todorova Vaceva;

and natural persons — Users as defined below — whether when using the Website at the domain www.businessaspoetry.com, or when entering into distance contracts.

1.2. The Privacy Policy forms an integral part of these General Terms and Conditions.

2. Our Details

Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:

• Provider name: Business as Poetry EOOD
• Registered office and principal place of business: Sofia 1606, Krasno Selo District, 1 St. Ivan Rilski Str., Floor 4, Apt. 8
• Operating address and address for consumer complaints: Sofia 1606, Krasno Selo District, 1 St. Ivan Rilski Str., Floor 4, Apt. 8
• Correspondence address: Sofia 1606, Krasno Selo District, 1 St. Ivan Rilski Str., Floor 4, Apt. 8

Supervisory Authorities:

Commission for Personal Data Protection

• Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
• Tel: 02/91-53-555 | Email: kzld@cpdp.bg | Website: www.cpdp.bg

Commission for Consumer Protection

• Address: Sofia 1000, 1 Vrabcha Str.
• Tel: 0700 111 22 | Email: info@kzp.bg | Website: www.kzp.bg

Commission for Protection of Competition

• Address: Sofia 1000, 18 Vitosha Blvd. | Tel: (02) 935 61 13 | Website: www.cpc.bg

3. Definitions

3.1. For the purposes of interpreting and applying these General Terms and Conditions, the following terms shall have the meanings set out below:

“The Company” — refers to the legal entity that owns and operates the Website at www.businessaspoetry.com: “BUSINESS AS POETRY” EOOD, a sole-member limited liability company incorporated and operating under the laws of the Republic of Bulgaria, with UIC: 208690765, registered office in Sofia, and principal place of business at Sofia 1606, Krasno Selo District, 1 St. Ivan Rilski Str., Floor 4, Apt. 8, represented by its manager Bistra Todorova Vaceva.

“Course” — any course, training, home study programme, workshop, one-day or thematic session, or any other form of education offered and organised by the Company for the purpose of personal development. Each Course may consist of one or more modules, the duration of which is stated in advance.

“Website” — the internet domain www.businessaspoetry.com, including all its subdomains and associated domains.

“User” — any natural person aged 18 or over who has submitted a registration request for a Course, has created a registered account on the Website, or is a party to a contract with the Company.

“Contract” — a distance or off-premises contract concluded between a User, on the one hand, and the Company, on the other, in accordance with these General Terms and Conditions.

“Materials” — all materials, documents, aids or other information on a durable physical or electronic medium, prepared by or on behalf of the Company, to which the User is granted access on the basis of a concluded or forthcoming Contract with the Company.

“General Terms and Conditions” — these General Terms and Conditions for Courses and Training, together with all subsequent amendments and additions.

4. Application of the General Terms and Conditions

4.1. These General Terms and Conditions govern the relationship between the Company and Users, both in their use of the Website and in the conclusion of a Contract, forming an integral part of each Contract.

4.2. Other conditions, where different from these General Terms and Conditions, may apply only where they have been expressly accepted and approved in writing by the Company for a specific Contract, and shall be binding solely on the parties to that Contract.

4.3. Any amendments, corrections or additions to these General Terms and Conditions are valid only if made in writing (including in electronic form, e.g. by email) and signed by both the Company and the User.

4.4. These General Terms and Conditions bind the User from the moment they express their agreement, which is deemed given when the User marks their acceptance upon completing a Course registration request on the Website or on another durable medium, or by submitting a request to join a social network group or mobile communication application managed by the Company.

4.5. A User who has not given consent in any of the ways specified in these General Terms and Conditions, but who has participated in a Course, is deemed by their participation to have implicitly accepted these General Terms and Conditions.

4.6. By accepting these General Terms and Conditions, the User expressly consents to receiving any information, notices or communications in connection with the Website or the Contract on a durable electronic medium chosen by the Company.

4.7. By accepting these General Terms and Conditions, the User declares that they are familiar with and accept the terms of the Courses and assumes personal responsibility for any outcomes arising therefrom. The User further acknowledges that the Company has the right to decline to confirm a Course registration request.

5. Website Features and Associated Rights and Obligations

5.1. The Website is an electronic shop through which Users may conclude a Contract.

5.2. When using the Website, Users may:

• Register and create a user account for browsing the Website.
• Receive additional information services.
• Browse the services offered by the Company, including their features, prices and terms.
• Conclude a Contract for services offered by the Company.
• Make payments in connection with a Contract using the electronic payment methods supported by the Website.
• Submit electronic statements in connection with the conclusion or performance of a Contract through the Website interface.

5.3. Users may not:

• Use the Website in any way that violates applicable law.
• Use the Website for purposes other than attending Courses.
• Use the Website in any way that infringes the rights of third parties, including but not limited to their intellectual or industrial property rights.
• Distribute, reproduce or copy Materials or any other content found on the Website.
• Publish the personal data of third parties, including but not limited to photographs or images.
• Access, manipulate, damage or exploit any non-public parts of the Website, or the Company’s computer systems, servers or equipment.
• Use or integrate any malicious software, virus or other malware that damages or interferes with the functioning of the Website.

6. Steps for Concluding a Contract

6.1. The User concludes a Contract with the Company by following these steps:

• Creating a user account by registering on the Website and providing the required information (if the User does not yet have a registered account), or by submitting a Course registration request as a guest.
• Logging in to the ordering system using an email address and password (where the User has an existing account).
• Selecting one or more Courses offered on the Website and adding them to a shopping basket.
• Providing details identifying the participant in the Course.
• Selecting a payment method for the Course fee.
• Confirming the order, which constitutes an offer from the User to the Company.
• Acceptance of the User’s offer by an express electronic confirmation from the Company containing: (i) the name of the Course; (ii) the date and location; (iii) the Course price; (iv) payment methods; and (v) information on the User’s right of withdrawal.

6.2. The Contract between the Company and the User is deemed concluded from the moment the User receives written or electronic confirmation from the Company of the submitted Course registration request.

6.3. A Course registration request may be submitted by: completing the form on the Website; completing a form on a durable physical or electronic medium; or by telephone.

6.4. By submitting a registration request, the User confirms that all information provided is complete and accurate as of the date of submission.

6.5. Each Course registration request shall set out the essential elements of the Contract to be concluded, namely:

• the name of the Course;
• the date and location of the Course;
• the Course price;
• available payment methods;
• information on the User’s right of withdrawal.

6.6. When concluding a distance contract by telephone, the Company is obliged to confirm the offer to the User on a durable electronic medium, providing access to these General Terms and Conditions. The User is bound by the offer and these General Terms and Conditions upon signing or sending written acceptance. The Contract is deemed concluded and binding upon receipt of the User’s confirmation and payment of the applicable Course fee.

6.7. The Contract enters into force and takes effect between the User and the Company from the moment the User receives written confirmation from the Company of enrolment in the Course. Each Contract is concluded subject to a resolutory condition in favour of the Company, namely non-payment of the applicable Course fee within 2 (two) working days. Confirmation of receipt of payment of the Course fee shall also constitute confirmation that the Contract has entered into force. If payment is not received within this period, the Company may terminate the Contract unilaterally by written notice to the User with immediate effect.

6.8. Within a reasonable period following conclusion of the Contract, the information specified in clause 6.5 shall be provided to the User on a durable physical or electronic medium, or on a device for permanent storage of information to which the User has access and which the User may use.

6.9. For a distance contract concluded electronically via the Website, the Company shall provide the User with information on the principal characteristics of the Course: its name, location, subject matter and duration, and the total price inclusive of all taxes and fees.

6.10. The User acknowledges that each Contract with the Company is of an aleatory nature, as there is uncertainty as to the results of the Company’s performance, which creates the possibility that performances may not be equivalent. The User agrees that the Company does not guarantee any specific outcome, and releases the Company from all liability in this regard. 

The User may not transfer their rights under the Contract to third parties without the prior written consent of the Company.

7. Right of Withdrawal

7.1. The User has the right to withdraw from the Contract within 14 (fourteen) calendar days of its conclusion, without being required to give reasons and without incurring any costs other than those provided by law, subject to clause 7.3 below.

7.2. To exercise the right of withdrawal, the User must notify the Company by completing the electronic withdrawal form. The Company accepts no liability for any damages or additional costs arising from the provision of inaccurate information when exercising the right of withdrawal.

7.3. In accordance with Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply to: (i) contracts for the supply of services where the service has been fully performed, or performance has begun with the User’s prior express consent and acknowledgement that the right of withdrawal will be lost once the contract has been fully performed by the Company; or (ii) the supply of digital content not supplied on a tangible medium, where performance has begun with the User’s prior express consent and acknowledgement that the right of withdrawal will thereby be lost.

7.4. Where the User has duly exercised the right of withdrawal under this clause, the Company shall refund all amounts paid in full, in accordance with applicable law.

7.5. Where any of the circumstances described in clause 7.3 apply, the Company may, at its sole discretion, but is not obliged to, partially refund the Course fee pre-paid by the User, upon receipt of an express written refund request from the User.

8. Intellectual Property

8.1. Trade names, copyrights and all other intellectual property rights, whether registered or pending registration, associated with the Courses offered on the Website, are and shall remain the exclusive property of the Company. The User shall have no claim to them.

8.2. The User shall not act in any manner that could infringe the Company’s rights under this clause. The User undertakes not to use, in the course of their activities, any sign or name similar or identical to the Company’s trade marks, trade names or service marks.

8.3. All information available on the Website (including but not limited to static or dynamic images, text, logos, symbols, videos, etc.), the content of emails sent to the User, and any information communicated to the User, are and remain the exclusive property of the Company. The User may use such information only in connection with the Course that is the subject of the Contract.

8.4. The User may not use content available on the Website, or obtained through participation in a Course, for purposes other than those permitted by these General Terms and Conditions.

8.5. Any breach of the obligations set out in this clause shall be deemed material. In the event of such a breach, the User shall be liable to pay the Company a penalty of 50% (fifty per cent) of the fee for the relevant Course in which the User participated.

8.6. In the event of an infringement of intellectual or industrial property rights, in addition to the above penalty, the User shall also be liable to compensate the Company for all damages actually suffered, including lost profits. 

8.7. Where, as a direct or indirect consequence of an infringement of intellectual or industrial property rights, a third party initiates legal or other proceedings against the Company or any person associated with it, the User undertakes to indemnify the Company for all losses, damages and costs incurred, whether compulsorily or voluntarily

9. Confidentiality

9.1. The User undertakes to keep strictly confidential all information of a technical, technological, financial, legal, organisational, commercial, marketing or other nature relating to the Company or its activities which becomes known to the User in connection with the conclusion, performance or termination of a Contract (“Confidential Information”), and not to copy, reproduce, distribute or disclose such information to third parties without the prior express written consent of the Company on a case-by-case basis.

9.2. Confidential Information includes, without limitation, information and Materials provided during a Course, circumstances related to the Company’s activities, technical processes, designs, financial information, know-how, inventions, client lists, pricing and all other facts not generally known or readily ascertainable by persons who ordinarily deal with the relevant type of information, regardless of whether they have commercial value or are expressly designated as such by the Company.

9.3. The obligation of non-disclosure extends to all media containing Confidential Information, including but not limited to documents, notes, digital storage media, electronic communications and other information carriers.

9.4. The User’s confidentiality obligation under this clause remains in force after the termination of the Contract, regardless of the grounds for such termination, including withdrawal pursuant to clause 7.

9.5. The User may disclose Confidential Information only where:

• The User has received express prior written permission from the Company on a case-by-case basis;
• The information has been in the public domain for more than 30 (thirty) days without any breach of these General Terms and Conditions, the Contract or applicable law;
• Disclosure is required by a regulatory or other competent authority in the Republic of Bulgaria.

9.6. The User may not make any public statements or announcements, or disclose or disseminate any information that has come to their knowledge in connection with the performance of a Contract, whether derived from data or materials of the Company or as a result of participation in a Course, without the prior express written consent of the Company on a case-by-case basis.

9.7. Any breach of the obligations set out in this clause shall be deemed material. In the event of such a breach, the User shall be liable to pay the Company a contractual penalty of 50% (fifty per cent) of the fee for the relevant Course in which the User participated.

9.8. In the event of disclosure of Confidential Information in breach of these General Terms and Conditions, in addition to the penalty under the preceding clause, the User shall also be liable to compensate the Company for all damages actually suffered, including lost profits. The amount of compensation shall be determined in accordance with the actual losses sustained by the Company, including lost profits. 

Where, as a direct or indirect consequence of such disclosure, a third party initiates legal or other proceedings against the Company or any person associated with it, the User undertakes to indemnify the Company for all losses, damages and costs incurred, whether compulsorily or voluntarily.

10. Reports, Complaints and Dispute Resolution

10.1. Any User who believes that their rights or legitimate interests have been violated may submit a report to the Company. The email address for submitting such reports is: hello@businessaspoetry.com.

10.2. Any User who believes that their rights or legitimate interests have been violated may also submit a report to the competent supervisory authority — the Commission for Consumer Protection — including electronically via the platform at: https://www.kzp.bg/bg/podavane-na-zhalba

10.3. In accordance with the requirements of the Consumer Protection Act, any User may avail themselves of alternative dispute resolution (ADR) procedures. The ADR body within whose subject-matter jurisdiction the services offered by the Company fall, in accordance with the updated list of recognised ADR bodies for disputes between consumers and traders in the Republic of Bulgaria, approved by Order RD-16-1572/15.11.2021, is:

• Name: General Conciliation Commission at the Commission for Consumer Protection
• Address: Sofia 1000, 1 Vrabcha Str.
• Telephone: 02/9330 517
• Email: adr.sofia@kzp.bg
• Website: https://www.kzp.bg

10.4. ADR proceedings are free of charge for both parties; no fee is payable for the examination of the dispute. Complaints are submitted and proceedings are conducted in Bulgarian.

10.5. The subject matter of disputes falling within the scope of the ADR body’s procedure includes national and cross-border disputes between consumers and traders concerning contracts for the sale of goods and the provision of services, including matters relating to warranty liability, the right to make claims for goods or services, unfair contract terms, unfair commercial practices, the provision of material information, tourist services, and contracts concluded with consumers.

10.6. The General Conciliation Commission based in Sofia is also competent to hear disputes submitted via the Online Dispute Resolution platform, including cross-border disputes and cases where the consumer does not have a permanent address in the Republic of Bulgaria.

Sector: all sectors of the economy related to the sale of goods, the provision of services and tourist services that do not fall within the scope of the sectoral conciliation commissions at the Commission for Consumer Protection.

Disputes are heard in absentia on the basis of documents, evidence, expert opinions and submissions provided by the parties. Proceedings are conducted in written form.

Proceedings conclude with a written conciliation proposal for resolving the dispute, which is non-binding in nature. Once approved by both parties, it has the force of an agreement between them.

Grounds on which the ADR body may refuse to examine a dispute, pursuant to the exceptions under Art. 181g(5) of the Consumer Protection Act as provided in the Rules of Procedure of the General and Sectoral Conciliation Commissions:

• the dispute does not fall within the jurisdiction of the commission;
• the consumer has not attempted to resolve the dispute directly with the trader;
• more than 3 years have elapsed since the dispute arose;
• it is established that the same dispute is the subject of pending court or arbitration proceedings, or is being resolved by another out-of-court dispute resolution body, including an open mediation procedure or proceedings before pre-trial authorities.

10.7. Given that the Company concludes contracts for the online sale of services with Users, Users may also access the European Online Dispute Resolution (“ODR”) platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG

10.8. The ODR platform is provided by the European Commission to ensure safer and fairer online shopping through access to quality dispute resolution tools. If the User is located in the territory of the European Union, Norway, Iceland or Liechtenstein, they may use the ODR platform to find the best resolution to their consumer problem, to discuss a solution directly with the Company, or to reach agreement on a dispute resolution body to handle their case.

10.9. The ODR platform has no affiliation with the Company. The platform is available in all official languages of the EU, as well as in Icelandic and Norwegian.

10.10. In the event of litigation between the parties to this contract, the competent court shall be the relevant state court in the Republic of Bulgaria, applying Bulgarian law.

11. Limitation of the Company’s Liability

11.1. Information available on the Website or provided during a Course should not under any circumstances be interpreted as professional advice. Any action taken by the User to protect their rights and legitimate interests should be preceded by consultation with a specialist in the relevant field.

11.2. Information provided on the Website or during a Course may be general and abstract in nature. Its correct application in practice depends on a proper, including legal, assessment of many specific circumstances that may not be covered by the Course. The Company therefore accepts no liability where the User applies Course information in a situation whose specific features give rise to damage.

11.3. Website content is transmitted via external telecommunications network services outside the Company’s control. The Company accepts no liability for the quality or availability of network connections or internet services, or for the proper functioning of Users’ own devices.

11.4. The Company advises Users that technical interruptions or difficulties may occur both when using the Website and when attending online Courses, as a result of data loss or internet connectivity issues. The Company accepts no liability in connection with any software or programme that may be used to conduct an online Course.

11.5. The Company accepts no liability for damages resulting from circumstances beyond its control, including but not limited to: failures in telecommunications infrastructure, computer viruses, failed communications, unauthorised access, or any other circumstances constituting force majeure under applicable law and practice.

11.6. The Company accepts no liability for damages arising from errors in information provided by the User, or from errors or omissions in Courses or related documents.

11.7. In all cases, the Company’s liability is limited to the amount of the Course fee paid by the User.

11.8. Where the Company is prevented from performing the Contract, whether temporarily or permanently, and whether or not the force majeure event was foreseeable, the Company may suspend or partially or fully terminate performance. Where suspension occurs before performance has begun, the Company may refund the full Course fee. Where suspension occurs after performance has begun, the Company may refund a proportionate part of the fee corresponding to the unperformed portion.

11.9. For the purposes of these General Terms and Conditions, force majeure events are all circumstances rendering it impossible for the Company to fulfil its obligations, wholly or in part, including but not limited to: absence of a trainer, fire, strikes, civil unrest, armed conflict, import/export restrictions, supplier shortages, transport disruptions, power outages, interruptions to the Company’s operations, technical problems in the Company’s information networks, and any other circumstances in which the Company cannot reasonably be expected to fulfil its obligations.

11.10. Upon the occurrence of a force majeure event, the Company shall notify the User of that circumstance as soon as reasonably possible.

12. Amendments to This Document

12.1. The Company reserves the right to amend these General Terms and Conditions and will notify Users by the method of its choice (pop-ups, push notifications, email, etc.). It is recommended that Users review the most current version of the General Terms and Conditions each time they access the Website.

Standard Instructions for Exercising the Right of Withdrawal from a Distance or Off-Premises Contract

1. You have the right to withdraw from this contract, without giving any reason, within 14 days.

2. Time Limit

The withdrawal period is 14 days from the date of conclusion of the contract. It is sufficient to send your withdrawal notice before the withdrawal period has expired. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the standard withdrawal form below, but this is not obligatory. You may also complete and submit the standard withdrawal form electronically via our website. If you use this option, we will send you an acknowledgement of receipt on a durable medium (e.g. by email).

3. Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to withdraw. Reimbursement will be made using the same payment method as was used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges as a result of the reimbursement.

4. Non-Applicability of the Right of Withdrawal

Pursuant to Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply to: (i) contracts where the service has been fully performed, or performance has begun with your prior express consent and acknowledgement; or (ii) the supply of digital content not supplied on a tangible medium, where performance has begun with your prior express consent and acknowledgement. 

In such cases, we may, at our sole discretion, but are not obliged to, partially refund the pre-paid amount upon receipt of an express written refund request from you.

Standard Withdrawal Form

(Complete and submit this form only if you wish to withdraw from the contract)

TO:

“BUSINESS AS POETRY” EOOD, UIC: 208690765, Sofia 1606, Krasno Selo District, 1 St. Ivan Rilski Str., Floor 4, Apt. 8, represented by Bistra Todorova Vaceva.

I hereby notify you that I withdraw from the contract I have concluded for the following Course:

..........................................................................................................................................

(please state the name of the course and its scheduled dates)

for which I registered on: ........................

Full name: ........................

Correspondence address: ........................

Signature: ........................

(signature required only if the form is submitted on paper)

Date: ........................

Email address for submission: hello@businessaspoetry.com