Terms of service

1. SUBJECT: 

 

• The following document (hereinafter referred to as “Terms and Conditions” or “Terms of Use”) constitutes the rules of use of the WeMakeIt Platform and shall apply upon initial access to the Website and Services and shall have the binding force of a contractual agreement applicable to all versions and devices from which the platform services are accessed. 

 

• Please familiarize yourself with these terms and conditions, as access to the use of WeMakeIt services requires agreement that you are familiar with, understand and accept these General Terms. 

 

• This document represents general information about the activity and functions of the platform, as well as the rules of conduct, rights and obligations when working with it. Appendicies are attached to the terms of use, which are an integral part of the T&C and have the same legal force. 

 

1. INFORMATION ABOUT THE ADMINISTRATOR: 

• Commasense Ltd, 205242073 (CCI) is a company located in the city of Plovdiv, district Central, Maritsa Blvd. No. 82, entrance B, apartment 5, represented by the owner Vasil Nikolaev Nikolov. 

 

• Commasense Ltd. is the owner and administrator of the electronic platform WeMakeIt, as well as any other derivative application of WeMakeIt. The main place of execution of WeMakeIt's activity is: Plovdiv, Nestor Abadjiev Str. №43B, Zig-Zag Office Center, 1st floor. 

 

• Commasense Ltd. is a contractual party with all users of the WeMakeIt platform and an executor of the obligations under the agreements. 

 

• Commasense Ltd. exercises all its legal and contractual rights and obligations in accordance with Bulgarian and European legislation. 

 

To contact representatives of Commasense Ltd., you can use the following methods: 

phone: 0886 878 677 

address: city of Plovdiv, Nestor Abadjiev St. №43B, Zig-Zag office center, floor 1 

e-mail: info@wemakeit.bg 

 

1. GENERAL: 

• The rules for the use of this Platform, as well as all accompanying services from the Administrator or related persons, are specified in these General Terms and Conditions. Each user must agree with them before using the Website or any of its features and services. 
• WeMakeIt reserves the right to amend and supplement the Website Terms and Conditions periodically to reflect any and all changes to the way the Platform operates and terms or any changes in regulations. 
• WeMakeIt is an online platform operating under the domain: https://wemakeit.bg/ 

 

• The relationship between users and WeMakeIt is governed by a contract that defines the subject of the goods, their quantity, their price and all other matters related to the nature of the offered goods. 

 

1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS: 

 

• The content published on the Website, including in particular advertisements, regardless of their form, i.e. text, graphic and video materials, is subject to the protection of intellectual property rights, including copyright and intellectual property rights of Commasense Ltd., the Users or third parties. It is forbidden to use this content in any way without the written consent of the persons who hold these rights. Any collection and processing of data and other information available on the Website for the purpose of further sharing with third parties within other Websites and outside the Internet is prohibited. It is also prohibited to use the domain of the Website and WeMakeIt, including their characteristic graphic elements, without the consent of WeMakeIt 
• WeMakeIt owns and retains all intellectual property rights in any way related to the Platform, whether owned or acquired by contract or in any other lawful manner.
• Nothing in the contract concluded between Commasense Ltd. through WeMakeIt and the User for the production of goods will be considered as an authorization by WeMakeIt for the latter to copy, distribute, publish, provide to third parties, change in any way whatsoever part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform or the descriptions of the Products or Services, including by introducing any content external to the Platform, removing the marks indicating WeMakeIt's ownership of The content. The user has no right to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of Commasense Ltd.

 

• The User may copy, transfer and/or use the Content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this Document. 
• The User is entitled to use the content for commercial purposes only if he has obtained the written consent of WeMakeIt for this and only for the part of the Content, in the manner and to the extent of its use, and within the time limits for which such consent is given expressly. 
• Any use of the content for any purpose other than as expressly permitted in these terms and conditions or as otherwise expressly permitted in writing by WeMakeIt is prohibited. 
• In case of violation of intellectual and/or industrial property rights under this section, users, as well as any third party, have the right to notify the Administrator. 

 

• The persons permitted  to report a violation of their intellectual property rights are; 
• the beneficial owner of intellectual and/or industrial property rights whose rights are potentially infringed by advertisements or other user content on the Website, or 
• Authorized representative of a person who owns intellectual and/or industrial property rights. The authorized person must have express power to enable him to protect these rights. 

 

• The signal for violation of intellectual and/or industrial property rights is addressed to the Administrator by a message to the email address or by a written signal to the physical address of WeMakeIt 

 

• Each alert should contain the following: 
• Claimant's identification. The person should provide clear and accurate information about who they are and what rights they claim to have been violated; 
• Evidence of ownership of the intellectual and/or industrial property right subject to the alert. The book and evidence are attached in the form of an email message to the alert if possible. If it is impossible to send them electronically, they are sent by courier to the physical address. 
• Power of attorney when the person submitting the report is a representative. 

 

• In the event of a dispute between users or between a user and a third party regarding infringed intellectual and/or industrial property rights, WeMakeIt will assist both sides in resolving the situation. 
• WeMakeIt is not responsible for any violations of intellectual and industrial property rights by third parties. In the event of a claim by a person for judicial or extrajudicial resolution of the dispute, WeMakeIt is not considered a liable party, nor can it take a position. 
• The platform is solely responsible for presenting complete and objective evidence, to comply with it and to make a decision in accordance with the application. 
• Given the intellectual property rights of which Commasense Ltd. is the holder, no text in these General Terms and Conditions constitutes consent to use the rights of Commasense Ltd. materialized in WeMakeIt or those of third parties, nor should it be interpreted as a waiver of such rights. 

 

 

1. ORDERS. BUYING AND SELLING: 

 

• Every user has the right to place an order for the production. The user can choose to make a request for the creation of a specific model or choose an existing one on the Platform. 
• To select a product on WeMakeIt, the user can search for it either through its “suggested” products or by searching for a specific product. The search is done by entering keywords, choosing a category or using one of the specified filters for a profiled search. 
• The ordering process begins when the user clicks the "add to cart" button on the 3D model product they want. The selected product is temporarily stored in "my cart". By pressing the button next to the goods listed in the shopping cart, you go to select the quantity and the method of receiving the goods - by delivery or by receiving a place at a WeMakeIt office, as well as the desired payment method. For this purpose, the user enters the necessary data in the specified fields. 
• By pressing the "Complete order" button, the customer makes a binding offer to purchase the selected product. 
• After finalizing the order, the Website system processes it and sends an automated message to the e-mail address specified by the user, which confirms the order placed and that it has been accepted. If WeMakeIt rejects the contract, this is communicated in the notification email. 

 

• According to WeMakeIt's terms and conditions and in accordance with the Consumer Protection Act (CPA), you have the right to cancel the purchased products within 14 days from the date you received your order. The cancellation can be exercised after a correctly filled out form. The latter can be found in the Appendices to the current OU. 
• The user's right of refusal applies in accordance with Bulgarian legislation and the exceptions to the right specified in Art. 57 of the CPA 
• The return of rejected products is at the expense of the Customer. 
• If you cancel the order, we will pay you the amount due no later than 14 days from the date on which we received the returned product/s. 
• Payment is made using the same method you used for the original transaction, unless otherwise expressly agreed with you. 
• No fees are charged for making a payment if the right of refusal is exercised. 

 

• The payment of the amounts due is carried out when correct bank account data is provided: name of the bank, account holder, IBAN and BIC, in the order described in art. 54 et seq. of the CPA. and if the returned product qualifies for cancellation. Shipments of products that have been damaged in transit due to improper packaging will be returned to the customer at his expense. 
• If the returned products do not meet the conditions and we determine that they have been used, with damaged integrity or without the original packaging, they will be re-evaluated and the difference will be paid to the customer. 
• WeMakeIt reserves the right not to pay for returned products, if the right of refusal is exercised, if they are damaged and cannot be used or offered again. In such cases, we will contact you to clarify the details. 
• The right of refusal or replacement does not apply to orders of goods that are made according to the customer's individual requirements, tailored and adapted to his personal needs. 

 

• The customer has the right within 30 days from the date of receipt of the product to exchange it for another one. For this purpose, he is obliged to notify WeMakeIt of his intention by completing and sending a return and exchange form. In the form, the customer should indicate the product he is returning and the product he wants to replace it with. You will find a return form in the Appendices of these T&C. 
• WeMakeIt does not make an exchange without receiving a correctly completed form and until we receive the product to be exchanged. A replacement form can be found in the Appendices  to these T&C. 
• WeMakeIt only replaces products if they are in stock and/or available in the manufacturer's warehouse. 
• If the replacement cannot be made, WeMakeIt informs the customer accordingly. 
• The products you return, exercising your right of exchange, must be in their original packaging, not damaged or used. 

 

 

1. CONFIDENTIALITY OF PERSONAL DATA: 

 

• Commasense Ltd. through WeMakeIt is the administrator of personal data according to Art. 4 (7) of REGULATION (EU) 2016/679 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation, GDPR). 
• The user agrees to provide and disclose to Commasense Ltd. the necessary personal or other data. 
• The User agrees that the Administrator will use the data provided by him in the following way: 
• maintaining the user's Account, including registering orders, shipping ordered products, fulfilling ordered products, invoicing, resolving disputes and complaints with other users; 
• sending messages, periodic notifications by e-mail or via SMS; 
• conducting market research, tracking and monitoring sales and consumer behavior; 

 

• The User agrees to grant WeMakeIt unlimited time access to any materials and information that he sends to other users through or in connection with the Platform, regardless of whether he has placed an order or transacted through the Website. WeMakeIt has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The User expressly agrees that WeMakeIt may freely use and process for its own purposes the ideas, concept and know-how that the Customer has provided to it in any way through or in connection with the Platform or the actions/inactions that the User has performed through or in connection with the Platform. WeMakeIt has no obligation to keep the information so obtained as confidential, to the extent that it is not required to do so by applicable law 

 

• By providing his data to WeMakeIt, the Client gives his express consent to be contacted by employees of Commasense Ltd. or third parties who are couriers, partners of WeMakeIt and are providers of marketing services, state, municipal or non-governmental agencies or companies in the field of insurance or financial services, when this is provided by the specific legislation, as well as other companies with which WeMakeIt may develop joint programs for offering the Goods and/or Services on the market, etc. 

 

1. DELIVERY: 

• In the process of ordering a product, the user is obliged to choose the method of receiving the product. 
• The user has the right to receive the manufactured goods in two ways: 

1. on site in an office; 

1. by courier delivery. 

 

• The User has the right to receive the goods at a WeMakeIt office after receiving a confirmation message from the Website to complete the production of the order/request. The user has the right to receive his goods on any day of the working week between 09:00-12:00 and 13:00-18:00 at the following address: Plovdiv, Nestor Abadjiev St. №43B, Zig - Zag office center, floor 1. 
• Upon receipt of the goods at a WeMakeIt office, the user has the right to inspect them, and if the goods are accepted, a protocol for the acceptance of the goods is signed, which finalizes the order made. 
• When the user chooses to recieve the product by courier, one of the possible shipping company must be specified. 
• WeMakeIt provides the user with the opportunity to choose from among the shipping companies previously specified on the Platform. Commasense Ltd. does not work with traders who are not licensed shipping companies. Any request to send the goods through such a person will be considered invalid. 

 

• After the user chooses which shipping company he wishes to receive his goods through, he receives information about the courier fee, as well as the working conditions of the specified company. The shipping company chosen by the user himself determines the time for delivery of the goods, as well as the conditions for receiving them. 

 

• WeMakeIt undertakes to deliver the ordered goods via the courier chosen by the user to an address or to an office, according to the choice of the latter. When specifying an address, it should be easily accessible by a vehicle. The user should indicate his address correctly by writing the words in English. In order for the address to be actually specified, it is necessary to write at least: city/village, street, street number, entrance number (if any), floor and apartment (if any). 
• In case of incorrectly entered data, the shipping company reserves the right to return the goods (at the expense of the user) or deliver them to the address of their own office. 

 

• WeMakeIt is not responsible for any damages incurred as a result of the shipping service provided. The user cannot hold WeMakeIt liable for damages suffered and lost profits from using one of the specified shipping company. 
• WeMakeIt offers receiving the goods by courier delivery only on the territory of the whole EU. For more information, view our Shipping policy. 

 

PRICES 

• All prices listed are final. The price is determined by two components: 

1. production cost of the three-dimensional model; 

1. remuneration for the Platform 

 

• The costs related to the delivery of the goods are covered by the user and their determination depends on the shipping company; 
• Unless otherwise agreed, delivery is made to the address specified by the customer or to the office of a courier company. 
• The delivery period begins after receipt of an order by a customer and after payment of the order value by bank transfer. Processing and shipping time for available products is within 24-48 hours. 

 

1. PAYMENT: 

 

• The User will be informed each time in a visible way on the Website about the current price of the goods selected by him. All prices indicated on the Platform are gross prices (including VAT) 

 

• Each product is published with a stated price only in Bulgarian levs (BGN). 
• The user makes a payment by one of the following: 

1. by credit card; 

1. by cash on delivery. 

 

• The use of a credit card payment method requires the creation of a separate legal relationship with the respective payment service provider and the acceptance of its rules. WeMakeIt is not a party in this legal relationship and cannot interfere with their content or performance. In the event of a payment problem, the user should contact the relevant payment service provider to clarify their doubts or file a complaint. Exceptionally and within technical and organizational capabilities, WeMakeIt may assist the user in clarifying the problem. WeMakeIt is not responsible for payment service provided by external service provider. 

 

• When the user has chosen the "cash on delivery" option, he receives a receipt from the relevant shipping company proving the delivery and payment. 
• When the user makes an online payment, they receive an invoice but not a receipt. 
• To receive an invoice, the user describes the company's information in the explicitly designated field for "special instructions for the order". The data you must provide is as follows: 
• Name of the legal entity; 
• CCI; 
• Headquarters and address of management; 
• custodian of the property; 
• VAT identification number; 
• Method of receiving the invoice: 
• e-mail to which the invoice should be sent (when digital); 
• address to which the original of the invoice should be sent (when not digital) 
• Contact person as well as: 
• contact phone number; 
• Email. 

 

 

1. PERSONAL DATA PROCESSING: 

 

• We will only use your personal data where the law allows us to. We will most often use your personal data in the following circumstances: 
• when we need to perform a contract we are about to enter into or have entered into with you; 
• where it is necessary for our legitimate interests and we believe that our legitimate interests are not superseded by your or other data subjects' interests or fundamental rights and freedoms, for example to improve our services and to make our services safe and secure; 
• where we must comply with a legal or other regulatory obligation; 
• In certain cases, we may process your personal data based on your consent. If we do this, we will notify you of the purpose and category of personal data that will be processed at the time we request your consent. 

 

• We process the above information for the adequate performance of our contract with you and based on our legal interest in preventing fraud and improving the overall quality and efficiency of our services. 
• You can withdraw your consent at any time and free of charge by using our contact form 
• To get more information about how, when and on what grounds your Personal Data is processed, please read the Privacy Policy 

 

1. OUT-OF-COURT DISPUTE SETTLEMENT. RELEVANT STATE AUTHORITY: 

 

• The relevant supervisory body for the protection of consumer rights in Bulgaria is the Commission for Consumer Protection with address: 1000 Sofia, Slaveykov square #4A, floors 3, 4 and 6; phone: 02/933 056 and phone: 02/9884218 and user phone: 0700 111 22, website: www.kzp.bg 
• In case of disputes regarding obligations arising from online sales contracts, where no agreement has been reached, the User may refer the dispute to the authorities for alternative resolution of consumer disputes under the terms and conditions of Art. 181a et seq. of the CPA. Additional information on alternative dispute resolution can be found on the website of the Commission for Consumer Protection at www.kzp.bg and the online dispute resolution platform. 
• The user has the right and the possibility to use out-of-court ways to resolve consumer disputes in accordance with the online dispute resolution procedure developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/?event =main.home2.show 

 

1. FINAL PROVISIONS: 

 

• WeMakeIt reserves the right to change the General Terms and Conditions and all related documents subject to the following conditions: 

 

• Changes to the T&C may be made as a result of organizational, legal and/or technical reasons and may also refer to changes in prices, price lists and other conditions. 

 

• The user will be informed of any change by placing the information on the website page, as well as by automatic notification in accordance with chapter ten of these T&C 

 

• Changes take effect within the period specified by WeMakeIt, but no earlier than 15 days from the notification of changes to the T&C 
• automatic sending of messages on time), unless the provisions of generally applicable legislation provide otherwise. 

 

• WeMakeIt may amend and supplement these T&C, as well as all related documents, without complying with the above 15-day notice period, including with immediate effect, in the event that: 

 
 

• is bound by a legal or regulatory obligation requiring it to amend its T&C in a manner that prevents it from complying with the aforementioned 15-day notice period; 
• must exceptionally amend its T&C to overcome an unforeseen and/or imminent danger related to the protection of intermediary online services, users or business partners from fraud, malware, spam, data security breaches or other risks related to cyber security. 

 

 

• The provisions of these T&C in their current wording apply to all services, options and functionalities of the WeMakeIt Platform active before the effective date of new T&C. 
• The user who does not accept changes to the T&C reserves the right to terminate the account service agreement at any time. 
• In order to develop the Website, WeMakeIt has the right to introduce new services and functionalities, which may be preceded by product tests, without affecting the previously acquired rights of users. 
• Unless otherwise stipulated by the mandatory legal provisions, the applicable law for the contracts between the User and WeMakeIt is the Bulgarian one. The choice of our national law does not deprive the User of the protection afforded to him under the provisions that cannot be derogated by contract, under the law that would be applicable in the absence of the choice. 
• All disputes related to the services provided by WeMakeIt will be submitted to the competent general courts, without excluding the application of the rights specified in chapter sixteen of these T&C. 
• The appendices to these General Terms and Conditions are an integral part thereof. 

 

WeMakeIt can be contacted in the following ways: 

 

phone: 0886 878 677 

 

e-mail: info@wemakeit.bg 

 

 

APPLICATIONS: 

 

Appendix № 1: 

 

WAIVER DECLARATION 

 

 

 

 

TO: Commasense Ltd, CCI: 205242073, owner of WeMakeIt 

 

FROM:................................................ ................................................ ................................... 

(The three usernames) 

ADDRESS:................................................ ................................................ ............................ 

(indicate the address where the user is located) 

 

In accordance with the norms of the Consumer Protection Act, with this declaration I exercise my right to withdraw from a contract between me and COMASSENS for the production/order of the following goods: 

 

……………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………… 

(product description) 

 

 

The goods were ordered on:................................ 

(indicate the date of ordering the goods) 

 

The goods were received on:................................ 

(specify the date of receipt of the goods by the consumer) 

 

 

 

 

 

 

 

 

 

 

 

Appendix #2 

 

RETURN (CLAIM)/EXCHANGE FORM 

 

TO: Commasense Ltd, CCI: 205242073 

RETURN ADDRESS: city of Plovdiv, district Trakia, Nestor Abadjiev St. №43B, Zig-Zag Office Center, 1st floor, 

 

FROM:................................................ ................................................ .............................................. 

(The three usernames) 

 

ADDRESS:................................................ ................................................ ..................................... 

(indicate the address where the user is located) 

 

Order number:................................................ .............. 

 

Date of receipt:.............................................. ........ 

(via courier or at WeMakeIt office) 

 

Purchase document number:................................ 

 

 

Product:................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................... 

(describe the goods being returned) 

 

Quantity:........................ (the number of goods being returned) 

 

Price per piece:................................(describes the price per unit of goods) 

 

Reason for return/exchange: 

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

 

(motivated description of why the product is being returned/replaced) 

 

 

 

 

way to refund the amounts due: 

 

 

obtaining office space; 

Bank transfer: 

 

 

 

IBAN:................................................ ....... 

BIC:................................................ .......... 

 

 

TERMS FOR RETURN / EXCHANGE OF PURCHASED PRODUCT: 

 

* The return period is 14 /fourteen/ days, counted from the date of receipt of the goods. 

* Proof of purchase (receipt, invoice) must be attached to the returned shipment in addition to the form for returning purchased goods. It is a mandatory condition that the returned products are in good commercial condition, without being used. 

* Transportation costs are for the account of the User and are not refundable. Shipments sent with cash on delivery are not accepted! 

* A purchased item that is made to individual requirements (made to order) is not subject to exchange or return. 

* After receiving the returned goods and inspecting them, the value, excluding transport costs, is refunded to the User in a way chosen by him within 14 /fourteen/ days. 

* Goods whose return / claim cannot be accepted (eg: if it is sent after the specified period, if it is not accompanied by a receipt, if it is not in good commercial condition