OPNCard

GENERAL TERMS AND CONDITIONS OF THE PLATFORM

OPN Card Ltd.

We advise users and consumers of the website to carefully read these General Terms and Conditions, which govern the relationship between them and the owner of the website – OPNCard Ltd. If you have any questions or concerns, please do not hesitate to contact the owner of the website at email: office@opncard.eu or phone: +359 88 337 2783. If you do not agree with these General Terms and Conditions, we recommend that you do not use the website.

I. Subject

Art. 1. These General Terms and Conditions are intended to regulate the relations between "OPNCard" Ltd., Sofia, Ovcha Kupel 418, entrance B, floor 9, apt. 60, hereinafter referred to as the SUPPLIER, and its customers, hereinafter referred to as the USERS, regarding the use of a digital business card platform, hereinafter referred to as the PLATFORM.

II. Supplier Information

Art. 2. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:

Name of the Supplier: "OPNCard" Ltd.
Registered office and management address: Sofia, Ovcha Kupel 418, entrance B, floor 9, apartment 60.
Telephone number: +359 88 337 2783
Email address: office@opncard.eu
Address for conducting business: Sofia, Ovcha Kupel 418, entrance B, floor 9, apt. 60
Entry in public registers: EIK 208638316
VAT identification number: BG208638316

Supervisory authorities:

Personal Data Protection Commission
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
Tel.: (02) 940 20 46 | Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, floors 3, 4, and 6
Tel.: 02 / 980 25 24 | Hotline: 0700 111 22
Website: www.kzp.bg

III. Platform Features

Art. 3. The platform is accessible at the Internet address https://opncard.eu, through which Users can enter into contracts with the Supplier for the provision of services related to the creation, generation, management, and use of digital business cards, as well as order and/or purchase personalized NFC business cards and related products, including:

Register and create a profile for using the services provided through the Platform;
Make electronic statements in connection with the conclusion and performance of contracts;
Conclude contracts for the provision of services, as well as contracts for sale and purchase of NFC business cards;
Make payments in accordance with the payment methods supported by the Platform;
Receive information about new features, services, and/or products;
Review the services and/or products, their characteristics, prices, and applicable terms;
Be notified of their rights under the law through the Platform interface;
Exercise the right to withdraw from a distance contract when applicable.

Art. 4. (1) The User accepts that the digital business card created through the PLATFORM may be accessible to third parties via a public Internet address (link), QR code, and/or NFC functionality, depending on the sharing method and settings selected by the User.

(2) The User is responsible for the information published through the digital business card, including the consequences of providing it to third parties. The Supplier is not responsible for unwanted calls, messages, or other communications (spam) resulting from the publication or sharing of personal data by the User.

(3) The Supplier provides the services through the Platform and, where applicable, delivers the ordered products, and guarantees the rights of Users provided for by law.

Art. 5. (1) Users shall enter into a contract with the Supplier for the provision of digital business card services through the Platform.

(2) When the User requests the purchase of a personalized NFC business card and/or related product, a contract for the sale and purchase of the respective product shall also be concluded.

(3) Under the purchase agreement, the Supplier undertakes to manufacture (personalize), deliver, and transfer ownership of the ordered product to the User.

(4) Users shall pay the Supplier a fee for the services provided and/or the price for the ordered products.

(5) The Supplier shall deliver the ordered products within the terms and conditions specified on the Platform.

(6) The delivery price (where applicable) shall be determined separately and explicitly from the price of the goods.

Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of contracts may be made electronically.

(2) It is assumed that electronic statements made by Users through the Platform are made by the persons specified in the data provided during registration, if the User has entered the appropriate username and password for access.

IV. Use of the Platform

Art. 7. (1) In order to use the PLATFORM, the User shall enter a username and password of their choice for remote access in cases where the Platform requires registration.

(2) The username and password shall be determined by the User through electronic registration on the Platform.

(3) By filling in their details and clicking on the "Yes, I accept", "Register" or other similar confirmation button, the User declares that they are familiar with these general terms and conditions, agree with their content and undertake to comply with them.

(4) The Supplier confirms the registration by sending an email to the email address specified by the User. The User confirms the registration by clicking on the link in the email.

(5) When registering, the User undertakes to provide accurate and up-to-date information.

(6) In order to use the full functionality of the Platform, the User must register. The Supplier shall not be liable if, due to lack of registration, the User has been unable to use certain functionalities.

(7) These general terms and conditions may be accepted by Users without registration, when the Platform allows this, by means of an explicit declaration of intent.

Art. 8. (1) The email address provided during the initial registration shall be the "Primary Email Address." The User has the right to change their Primary Contact Email Address.

(2)–(6) The process for changing the primary email address involves confirmation via the new email, notification to the old email, and the Supplier is not liable for unauthorized changes.

V. Technical Steps for Concluding Contracts

Art. 9. (1) Users mainly use the PLATFORM interface to conclude contracts with the Supplier.

(2) Contracts shall be concluded in Bulgarian.

(3) The contractual relations are governed by these general terms and conditions.

(4) The party to the contract is the User according to the data provided during registration.

(5) The Supplier includes technical means for detecting and correcting errors in the entry of information.

(6) The contract for the provision of services shall be deemed concluded from the moment of registration.

(7) For the conclusion of contracts, the Supplier shall expressly notify the User by electronic means.

(8) The declaration of conclusion and its confirmation shall be deemed received when the addressee has access to them.

(9) The Supplier shall provide the services and deliver ordered products to the address specified by the User.

Art. 10. (1) Users shall enter into a service agreement with the Supplier by:

Registering on the PLATFORM and providing the necessary data;
Logging in to the user profile;
Selecting a plan/package or activating functionalities;
Filling in and/or managing the data for the digital business card;
Confirming the selection and payment (if applicable).

(2) Users may request the purchase of personalized NFC business cards by:

Registering or using the functionality for ordering without registration;
Selecting a specific product;
Providing data for production/personalization and delivery;
Selecting a payment method;
Confirming the order;
Receiving confirmation from the Supplier electronically.

(3) In cases where orders are allowed without registration, the User accepts these terms before finalizing the order.

VI. Special Obligations of the Supplier. Consumer Protection

Art. 11. The rules of this Section VI shall apply to Users who can be considered consumers within the meaning of the Consumer Protection Act and/or Directive 2011/83/EU.

Art. 12. (1) The main characteristics of the services and products are described on the relevant pages of the PLATFORM.

(2) The price is determined by the Supplier and indicated on the PLATFORM before conclusion of the contract.

(3) Delivery costs are determined by the Supplier and provided before finalizing the order.

(4)–(7) The method of payment, service provision, and delivery are determined in these general terms. Users agree that required information may be provided through the PLATFORM and/or by email.

Art. 13. (1) The User agrees that the Supplier has the right to request advance payment for paid services and/or ordered products.

(2) For paid services, the Supplier may activate the service after receiving payment.

Art. 14. (1) The User has the right to withdraw from a distance contract for the sale of products within 14 days from the date of receipt.

(2) The right of withdrawal shall not apply to products made to the User's individual requirements, including personalized NFC business cards.

(3) For digital services (paid plans), the User may withdraw within 14 days of concluding the contract. If, at the User's express request, the service starts before that period ends, the User acknowledges this and, on withdrawal, pays an amount proportionate to the service provided up to the notice of withdrawal; the rest is refunded.

(4) Upon withdrawal, the Supplier shall refund all sums within 14 days.

(5) The costs of returning products shall be borne by the User, unless the Supplier has assumed these costs.

(6) Refunds shall use the same payment method used in the initial transaction.

(7) When exercising withdrawal, the User must discontinue use of the digital service.

Art. 15. (1) The deadline for production and delivery of NFC business cards shall be specified upon finalization of the order.

(2) If not specified, delivery shall be within 30 days from order confirmation.

(3) If unable to fulfill, the Supplier shall notify and refund.

(4) Deliveries are made within Bulgaria/EU. For deliveries outside the EU, additional duties may apply.

Art. 16. (1) The Supplier shall provide services after conclusion of the contract. (2) Physical products are delivered by courier. (3) Pre-contractual information requirements are satisfied when provided through the PLATFORM.

VII. Payment Method

Art. 17. (1) Prices listed on the PLATFORM are in euros (EUR) and include value added tax (VAT) where VAT is due. The amount of VAT is shown on the invoice. VAT is applied as follows:

Users established in the Republic of Bulgaria, whether individuals or legal entities – 20% VAT;
Consumers in another EU Member State – VAT at the rate determined by the place-of-supply rules;
Legal entities established in another EU Member State with a valid VAT identification number, verified in the VIES system – no Bulgarian VAT is charged; VAT is due by the recipient under the reverse-charge procedure (Art. 21(2) of the Bulgarian Value Added Tax Act);
Users established outside the EU – no Bulgarian VAT is charged, as the place of supply is outside Bulgaria.

(1a) A User purchasing as a business shall enter its VAT identification number at checkout. The Supplier is not liable for VAT charged as a result of an invalid or missing VAT identification number.

(2) Users may make payments using:

Bank debit or credit card through the Stripe system;
Cash on delivery upon receipt of physical products (when available).

(3) For paid services, the service is activated after successful payment.

(4) Physical product orders are processed according to the selected payment method.

(5) For paid subscription plans, the subscription fee for each subsequent period will be collected automatically on the due date, unless the User terminates the subscription before the renewal date.

(6) The Supplier has the right to add, change, or remove payment methods.

(7) Additional bank fees may apply when paying by card.

(8) Refunds shall use the same payment method, unless the User agrees to another method.

Other Terms

Art. 18. The Supplier provides the services within the terms specified on the PLATFORM.

Art. 19. Upon delivery of physical products, the User shall inspect the product upon receipt and notify the Supplier of any discrepancies immediately.

Art. 20. Intellectual Property

(1) All intellectual property rights to the PLATFORM are the property of the Supplier and/or its licensors.

(2) The Supplier grants the User a limited, non-exclusive, non-transferable license to use the PLATFORM solely for the purposes of the services provided.

(3) The User retains all intellectual property rights to the content they upload.

(4) By uploading content, the User grants the Supplier a non-exclusive, royalty-free, worldwide license to store, reproduce, adapt and display such content solely for the purposes of providing services.

(5) The User declares that they have the necessary rights to use the content they publish.

VIII. Protection of Personal Data

Art. 21. (1) The Supplier shall process personal data in accordance with GDPR and the Personal Data Protection Act.

(2) Detailed information is published in the Personal Data Protection Policy.

Art. 22. (1) The Supplier may require the User to verify their data when necessary for account security.

(2) The Supplier may apply the announced Procedure for lost or forgotten usernames and passwords.

IX. Amendments and Access to the General Terms

Art. 23. (1) These terms may be amended by the Supplier, who shall notify all registered Users.

(2) Amendments shall be effective after the User has been expressly notified and does not reject them within 14 days.

(3) Notifications shall be sent to the email address provided during registration.

Art. 24. The Supplier publishes these terms on its website, together with all additions and amendments thereto.

X. Termination

Art. 25. These terms and the agreement(s) shall be terminated in the following cases:

upon termination and declaration of liquidation or insolvency of one of the parties;
by mutual agreement expressed in writing;
unilaterally, with notice in the event of non-performance;
in the event of objective impossibility to perform obligations;
upon deletion/deactivation of the User's account;
upon exercising the right of withdrawal from a distance contract.

(2) Upon termination, access to the services shall be suspended, unless agreed otherwise.

(3) Termination does not affect rights and obligations related to already confirmed but unfulfilled orders.

XI. Other Terms and Conditions

Art. 26. The possible invalidity of any provision shall not invalidate the entire contract.

Art. 27. For matters not covered, the laws of the Republic of Bulgaria shall apply.

Art. 28. (1) All disputes shall be referred to the competent court in the Republic of Bulgaria.

(2) Consumers may also file a complaint with the Consumer Protection Commission (CPC).

(3) Consumers may refer a dispute for out-of-court resolution to the conciliation commissions at the Consumer Protection Commission (www.kzp.bg).

Art. 29. Limitation of Liability

(1) The Supplier shall not be liable for damages resulting from temporary interruption of access due to technical reasons, maintenance, updates, or force majeure.

(2) The Supplier shall not be liable for the content, accuracy, and timeliness of information published by Users in their digital business cards.

(3) The Supplier shall not be liable for the operation of external services and platforms (such as Stripe, social networks, messenger services).

Art. 30. These General Terms and Conditions have been prepared in two identical Bulgarian and English versions. In case of discrepancies between the Bulgarian and the English version, the Bulgarian one shall prevail.

Standard Withdrawal Form

Standard Form for Facilitating the Exercise of the Right of Withdrawal from the Contract for Consumers in Accordance with the Consumer Protection Act

I. Right to withdraw from the contract

The user has the right to withdraw from this contract without giving any reason within 14 calendar days.
The right to withdraw shall commence on the date of receipt of the goods.
If the User does not receive this form, the period shall commence from the moment they receive the full information, not exceeding one year and 14 calendar days.
If the User does not receive all mandatory pre-contractual information, the period shall commence from the moment of receipt, not exceeding 3 months and 14 calendar days.
To exercise the right of withdrawal, the User shall notify the trader on a durable medium (letter or email).
When exercising withdrawal, the User shall not incur any costs.
National legislation may grant additional rights to the User.

II. Notice of withdrawal from the contract

To OPNCard Ltd., Sofia, Ovcha Kupel 418, entrance B, floor 9, apt. 60, email: office@opncard.eu
I, the undersigned, hereby notify you that I am withdrawing from the contract.
Date of conclusion of the contract: .............
Name of the User(s): ..............................
Address(es) of the User(s): ......................
Signature of the User(s): ..............................
Date of notification: .......................................