Terms of Use

1. Scope

1.1 Any use of this website of Papapostolou EOOD and/or its affiliates (“Papapostolou”), “Papapostolou Website”, is subject to these Terms of Use. These Terms of Use may be modified, revised or replaced by other terms of use, e.g. to purchase products and services. By registering on the Papapostolou website, or if no registration is required, by entering or using the site, these Terms are accepted in their then current version.

 

1.2 In the case of web offers addressed to companies or state enterprises, these companies or enterprises are represented by the User, and it should be assumed that he has the necessary knowledge and acts according to them.

 

1.3 In the event that the User uses this Papapostolou website in his capacity as a business customer, i.e. does not act for purposes other than those of his commercial, business or professional activity, or in the capacity of an administrative client, art. 4, para. 1, item 3 of the Consumer Protection Act does not apply.

 

2. Services

2.1 This Papapostolou website contains specific information and software and, as the case may be, related documentation for review or download.

2.2 Papapostolou may terminate the operation of the Papapostolou website in whole or in part at any time. Due to the nature of the Internet and computer systems, Papapostolou cannot assume any responsibility for the uninterrupted availability of the Papapostolou website.

 

3. Registration, password

3.1 Some pages on the Papapostolou website may be password protected. In the interest of the safety and security of business transactions, only registered Users have the right to access these pages. Papapostolou reserves the right to refuse registration to any User. Papapostolou expressly reserves the right to designate as requiring registration sites to which access was previously free. Papapostolou is entitled, at any time and without obligation to provide explanations, to deny the User access to a password-protected area by blocking his User Data (as set out below), especially in the event that the User

• Uses false data for registration purposes;
• Violates these Terms of Use or fails to fulfill its duty of care with respect to User Data;
• Violates any applicable law in accessing and using the Papapostolou website; or
• Has not used the Papapostolou website for a long period of time.

 
3.2 In order to register, the User provides accurate information, and if this information changes over time, it is updated (as far as possible in real time) without undue delay. The User provides an e-mail address that is up-to-date at all times as submitted to Papapostolou, as well as an address for contacting the User.

3.3 Upon registration, the User receives an access code, which consists of the User’s identification code and a password (“User Data”). At his first access, the User immediately changes the password received from Papapostolou with a password known only to him. User Data allows the User to review or modify their data or, where applicable, withdraw their consent to the processing of such data.

3.4 The User ensures the inaccessibility of his User Data to third parties, being responsible for all transactions and other activities carried out through his User Data. At the end of each real-time session, the User exits the password-protected websites. In the event and to the extent that the User becomes aware that third parties are abusing his User Data, the User shall notify Papapostolou of this in writing or, as the case may be, by e-mail without undue delay.

3.5 Upon receipt of the notification under paragraph 3.4, Papapostolou will deny access to the relevant User Data to the password-protected area. Access for the User will be possible only upon request to Papapostolou by the User or upon new registration.

3.6 The user may at any time request written termination of his registration, provided that the deletion of this data will not lead to violations in the proper performance of contractual relations. In such cases, Papapostolou will delete all user data and other stored data enabling the identification of the User at the moment the relevant data becomes unnecessary.

 

4. Rights to use information, software and documentation

4.1 The use of any information, software and documentation made available on or through the Papapostolou website is subject to these Terms of Use or, in the case of updated information, software or documentation, subject to the applicable license terms agreed in advance with Papapostolou. The separately agreed licensing terms, e.g. for downloading software take precedence over these Terms of Use.

4.2 Papapostolou grants to the User a non-exclusive and non-transferable license, which cannot be granted as a sub-license, to use the information, software and documentation made available to the User on or through the Papapostolou website to the extent agreed or, in the absence thereof agreement, to the extent consistent with Papapostolou ‘ purposes in providing the same.

4.3 The Software is provided free of charge in object-oriented code. There is no right to provide the source code. This does not apply to source code associated with open source software, where the license terms take precedence over these Terms of Use in the event of a transfer of open source software and which terms require the source code to be provided. In such cases, Papapostolou provides the source code against payment of costs.

4.4 The user may not at any time distribute, rent or otherwise make available to third parties the information, software and documentation. Except as permitted by mandatory provisions of law, User may not modify the Software or Documentation, nor disassemble, reverse engineer, decompile the Software, or separate parts thereof. If necessary, the User may create a backup copy of the software to ensure its continued use in accordance with these Terms of Use.

4.5 The information, software and documentation are protected by copyright laws, international copyright treaties, and other intellectual property laws and agreements. The User shall comply with these laws, in particular not to alter, obscure or remove any alphanumeric codes, markings or copyright notices from either the Information, the Software or the Documentation, or from any copy of the foregoing.

4.6 This does not affect Art. 71. of the Copyright and Related Rights Act.

 

5. Intellectual Property

5.1 Notwithstanding the specific provisions in § 4 of these Terms of Use, the information, trademarks and other content of the Papapostolou website may not be modified, copied, reproduced, sold, rented, used, supplemented or exploited in any way is otherwise without the prior written consent of Papapostolou.

5.2 With the exception of the rights of use and the other rights expressly granted by these Terms of Use, the User does not receive any other rights, and there is no obligation on the part of Papapostolou requiring the granting of additional rights. All patent rights and licenses are expressly excluded. 

5.3 Papapostolou may use free of charge any ideas and suggestions stored by Users on the Papapostolou website in connection with the development, improvement and sale of its products.

 

6. Obligations of the user

6.1 When visiting or using the Papapostolou website, the User shall not

• To cause harm to other persons, especially minors, or to violate their personal rights;
• To violate public morals through the way of using the site;
• Infringe any intellectual or other property rights;
• Post any content containing viruses, so-called Trojan horses, or other programs that could damage data;
• To transmit, store or place hyperlinks or content to which the user is not entitled, especially in cases where such hyperlinks or content are in violation of confidentiality obligations or illegal; or

Distribute advertisements or unsolicited mail (so-called “spam”) or inaccurate warnings about viruses, defects or similar material, and the User does not solicit or claim participation in any sweepstakes, “avalanche effect” letters, chain letters, pyramid schemes games or similar activities.

 
6.2 Papapostolou may refuse access to the Papapostolou website at any time, especially if the User breaches any of his obligations arising from these Terms of Use.

 

7. Hyperlinks

The Papapostolou website may contain hyperlinks to third party websites. Papapostolou is not responsible for the content of such web pages, makes no representations about such web pages or their content, and does not endorse them as its own, as Papapostolou does not control the information on such websites and is not responsible for the content and information contained therein. Use of such websites is solely at the User’s risk.

 

8. Liability for errors in names or defects in quality

8.1 Insofar as any information, software or documentation is provided free of charge, any liability for defects in quality or naming errors, especially in relation to accuracy or the absence of errors and defects, or the absence of claims or rights of third parties is excluded, or in relation to completeness and/or appropriateness, except in cases involving bad faith or fraud.

8.2 The information on the Papapostolou website may contain specifications or general descriptions related to the technical capabilities of individual products, which may not be available in certain cases (e.g. due to product changes). Therefore, the desired quality of a product is in all cases agreed upon at the time of purchase.

 

9. Other Liability, Viruses

9.1 Papapostolou ‘ liability for typographical and quality errors and defects shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any additional liability on the part of Papapostolou other than that required by law is excluded, e.g. under the Manufacturer’s Liability Act or in the event of bad faith, gross negligence, personal injury or death, failure to comply with the guaranteed characteristics, willful omission of facts or in the event of failure to fulfill essential contractual obligations. Damages for breach of essential contractual obligations are limited to customary contractual, foreseeable damages, unless there is bad faith or gross negligence.

9.2 Although Papapostolou makes every effort to protect the Papapostolou website from viruses, Papapostolou cannot guarantee that it is virus-free. The user, for the purposes of his own protection, takes all necessary steps to ensure the appropriate security measures by using an anti-virus program before downloading any information, software or documentation.

9.3 §§ 9.1 and 9.2 do not intend or imply any changes regarding the burden of proof to the detriment of the user.

 

10. Control over the export of information

10.1 The export of certain information, software or documentation may, e.g. due to its nature, intended use or final destination, to be subject to authorization. The user strictly complies with the regulatory provisions for the export of information, software and documentation, especially those of the EU, as well as of individual EU member states and the USA. Papapostolou categorizes the information, software and documentation in accordance with the EU and EU Export Control Lists and the US Trade Control List.

10.2 The User verifies and certifies that

• The information, software and documentation are not used for purposes related to armaments, nuclear technology or weapons;
• No entity or person on the US Person Denial List (DPL) receives goods, software or technology originating in the US;
• No entity or person listed on the US Alert List, Substantive List, or US Specially Designated Registry receives goods originating in the US without a license; and
• No entity or person listed on the Designated Terrorism List, the Foreign Terrorist Organization List, the Designated Global Terrorism List or the EU Terrorist List receives goods;
• Military recipients of goods are not supplied;
• The preliminary warning instructions of the relevant authorities in Republic of Bulgaria are followed.

 
Access to the software, documentation and information on the Papapostolou website is only provided subject to the above checks and guarantees. When the User does not comply with the above, Papapostolou is not obliged to perform.

10.3 Upon request, Papapostolou informs the User of the relevant contact persons for obtaining additional information.

 

11. Data Privacy Protection

When handling, using and processing User-identifiable data on the Papapostolou website, Papapostolou complies with the applicable data privacy protection laws and the Papapostolou website’s data privacy policy, which is available via hyperlink at the Papapostolou website and/or  papapostolu.bg.

 

12. Additional Agreements, Jurisdiction, Governing Law

12.1 Any additional agreement must be made in writing.

12.2 If the User is a merchant within the meaning of the Commercial Act, the competent court to resolve any dispute between him and Papapostolou EOOD is the relevant court in Sofia.

12.3 The individual pages of the Papapostolou website are created and administered by Papapostolou EOOD and/or its affiliates. The pages comply with the applicable law in the country where the registered office of the responsible company is located. Papapostolou makes no representation that the information, software and/or documentation on the Papapostolou website is appropriate or available for viewing or downloading in areas outside of this country. If Users visit the Papapostolou website from a location outside the borders of the relevant country, they are solely responsible for compliance with all applicable local laws. Access to the information, software and/or documentation on the Papapostolou website is prohibited in countries where such content is illegal. If and when a User wishes to work with Papapostolou,

12.4 These Terms of Use are subject to the laws of the Republic of Bulgaria, and all disputes arising out of or in connection with these Terms of Use or their subject matter shall be resolved in accordance with them, excluding conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980 is excluded.