Terms

Our terms and conditions for use follow:

By using the electronic store www.macoins.com it shall be considered, that you hereby accept and agree with the General Terms and Conditions. In case you do not accept the General Terms and Conditions of MDA Finance, please do not use this website. 

General Terms and Conditions for purchase and sale through the electronic trade website

Macoins.com 

General Terms and Conditions 

This document contains the General Terms and Conditions of the purchase contract for sale between "MDA Finance" EOOD, having personal UIC 121397047, hereinafter referred to as MDA Finance on the one hand and the party having accepted the General Terms and Conditions, hereinafter referred to as "Client"- on the other hand, as regards to purchase of the goods offered through Macoins.com – electronic store. 

I. General provisions 

Definitions

            In interpreting and application of the General Terms and Conditions, the terms and expressions specified herein below shall have the following meaning:
1. “Website/site” ("website") is a specified location in the World Wide Web, accessible through its uniform address (URL) according to protocol HTTP, HTTPS or another standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources. 
2. “MDA Finance” EOOD is a commercial company having UIC 121397047, having seat and registered office in Sofia, 6 Peio K. Yavorov Blvd., fl. 4, office 8, e-mail: mda@mda.bg

3. “www.macoins.com” is an online trade website for commemorative coins, property of “MDA Finance” EOOD and is a virtual information resource on the Internet for distance selling of goods, which are delivered after their express request on behalf of the Client.
4. “Client” is a natural person, having completed 18 years or a legal entity, willing to purchase goods, offered by macoins.com and having agreed with the General Terms and Conditions.
5. “Registration” is a separate part of macoins.com, containing information about the Client, provided by the Client during registration and contained by macoins.com and the access to the Client profile shall be performed through entering username and password. The Client profile provides opportunity to the Client to review and edit the data, entered during registration, the records in the address book, to have access to information for all of his purchase orders of goods from the electronic commercial store macoins.com, to change the access password.

6. “Username” is a unique e-mail selected by the Client, through which it is individualized in macoins.com
7. “Password” is a code selected by the Client consisting of letters and/or digits, that containing with the username individualizes it the user in macoins.com.

8. “Package” shall be vessels and any and all other facilities or materials, suitable to perform the functions of containing and storing various goods, offered directly to the Client.
10.”Sale price” is the end price per unit for a specific quantity of goods or for a service including Value Added Tax and all other taxes and charges.

11. “Unforeseen event” is an event not foreseen at the moment of concluding this contract, which makes performing the contract objectively impossible. 

12. “Web hyperlink” is a link, designated in a specific Internet-page, which allows automated reference to another Internet-page, information resource or an object through standardized protocols.
13. “Information System/System” is each separate facility, an assembly of interrelated or similar facilities, which in performance of a specific program shall provide or are one of the elements for automated processing of data.

14. “IP address” ("IP address") is a unique identification number, associating a computer, Internet-page or a resource of the Client, which allows their localization in the global Internet-network.
15. “Commercial messages” shall be advertising or other messages, providing directly or indirectly the goods, services or the reputation of a person, performing commercial or craftsmanship operation or practicing regulated profession.

16. “Malicious actions” shall be actions or inactions, breaching the Internet-ethics or being harmful to persons, related to Internet or associated networks, sending unwanted mail (non-requested commercial messages, SPAM, JUNK MAIL), channel flood (FLOOD), receiving access to resources using other users’ rights and password, abusing faults in the systems with the purpose of their own benefit or acquisition of information (HACK), performance of actions that could be qualified as industrial espionage or sabotage. This group also incorporated damaging or destruction of systems and information arrays (CRACK), sending “Trojan horses”, causing installations of viruses or remote control systems, disturbing the normal work of the remaining Internet users and associated networks, performance of any actions, which could be qualified as crime or administrative breach or any other applicable right.

17. “Internet page” is a composite and separate part of a website. 

Scope 

MDA Finance shall provide to the Client an option to purchase the goods offered in the macoins.com store by sending an order and payment of the respective sale price in compliance and strict observation by the Client of the General Terms and Conditions, as well as any and all other additionally specified requirements for the respective goods at the Internet-pages of macoins.com. 

Registration 

In order to receive the right to perform valid applications for purchasing the goods offered in macoins.com, the Client shall: complete correctly the on-line electronic form, located at the following Internet address – www.macoins.com

In completing the electronic form, the Client shall provide full and correct data regarding his or her identity and any other information required under the electronic form of macoins.com. The Client shall guarantee that the data which he is providing in the process of registration shall be regular, complete and correct and in case of change of the latter, shall update them in due time.  The Client shall have the right to freely change the information in the registration form entered by the user. The text of the General Terms and Conditions shall be accessible on the Internet.

After agreeing with the General Terms and Conditions, the Client shall perform valid purchase orders (purchase orders) of the goods offered through macoins.com, shall be considered bound by the clauses of the General Terms and Conditions and shall agree to comply with them.

In case of dispute having occurred as regards to which person has expressed will to be related to the text of the General Terms and Conditions, the person having paid the price for the goods ordered for purchase shall be considered a contracting party. 

Changes to the General Terms and Conditions

          As long as the goods offered by macoins.com (numismatic coins) shall be various and constantly completed and modified in view of their perfection and extension with new mints, as well as regard to their legal changes, which could reflect on the conditions for their proposal, the General Terms and Conditions can be changed ex parte by MDA Finance. 

When making changes to the General Terms and Conditions, MDA Finance shall agree to inform the Client by sending e-mail and/or publish them at a visible place in macoins.com or in the Client profile, notice for the change in the General Terms and Conditions, the text of the changes or a web hyperlink to the Internet page, where the changed General Terms and Conditions shall be accessible and provide sufficient term for understanding them.

The changes to the General Terms and Conditions shall not have any effect on the relations between the Client and Macoins.com, having occurred in relation to a purchase order, validly submitted prior to the notice. 

Publication of information about the goods in Macoins.com 

MDA Finance shall publish a description of the main characteristics and image of all goods, sale price with included VAT on the address: http://www. macoins.com, as well as a tariff for the value of the postal or transport expenses, not included in the price of the goods, related to their delivery.  Information regarding the payment, delivery and contract performance methods shall be provided as regards to the right of the Client, who is a user under the meaning of the User Protection Act and the conditions and method of applying it. 

Purchase order 

Submission of an application for purchase by the Client shall be performed by the consequent performance of the following actions:

      ­ determining the type and quantity of the goods by pressing a virtual button “Add to cart”, designated against the respective goods;         

after you have made your choice and you press a virtual button "Add to Cart" opens a new window where you press a virtual button "Order";

after you press a virtual button "Order" opens a new window - review of the delivery information (option for change of delivery address, notifying convenient time for delivery and determining additional conditions to the delivery);

after you enter your registration information you press virtual button "Next Step" and  select a payment method for the sale price of the goods and introduction/change of the data for issue of invoice. 

If you pay with bank card opens the payment page of our service Bank (UBB), which you enter data on your card. You press the virtual button "Send", then click virtual button "Confirm". Upon successful transaction, the screen displays transaction note that print or save.    

            The order for purchase of goods by macoins.com shall be considered completed after going to the field "Final”. 

In case the Client does not want to be registered in the Macoins.com system, the client could only enter e-mail and address for delivery.

In case of specified incomplete, incorrect or wrong address and/or the telephone number in case of submission of the order it shall then be considered that the order is not valid and Macoins.com shall not have any obligations as regards to its performance. 

Order for sale to MDA Finance 

            The order for sale to MDA Finance shall be made by pressing the button “Sell to us” and completion of the opened form. After receiving your application, we shall get back to you in order to confirm or deny your proposition and specify the delivery conditions. 

Acceptance of the order 

The purchase order shall be accepted by Macoins.com by sending an e-mail message to the e-mail address of the Client, containing: information regarding the main characteristics of the declared goods, its sale price, the value of the postal or transport expenses not included in the sale price and related to its delivery, the payment method selected by the Client, the specified data for the invoice and delivery address. The delivery shall result in action between the parties after reference to the availability of the goods declared for purchase and after confirmation of its validity to the contact telephone specified by the Client or by sending message to the e-mail address for correspondence. 

Prices 

The main financial unit in Macoins.com shall be BGN. The transaction currency for card payments is Bulgarian Lev (BGN) too. All prices could be recalculated according to the respective course in: American dollars, British pounds and European currencies, but these are for informational purposes and  may not be exactly equal to the billed amount on your card account in the same currency.

All prices include VAT. The prices specified by macoins.com for the respective goods shall be for a single quantity and shall not include expenses for delivery.
         The sale price due by the Client shall be the price specified in the invitation for purchase of the goods at the moment of submission of the purchase order. 

Payment methods 

The price and the expenses for the delivery shall be payable in one of the following ways:

                  - by carriage of delivery, to the courier delivering the goods;

                  - through the Pay Pal payment system;

- through the Moneybookers payment system;

- through ePay payment system;

- through the Easy Pay payment system;

- through credit or debit card (MasterCard, MasterCard Electronic, Maestro, Visa, Visa Electron, V Pay);

- by another way, specified on the Internet-page. 

         Please note that your V PAY or MasterCard Electronic card will be accepted only if it is registered for participation in the online authentication schemes Verified by Visa or MasterCard SecureCode and if your bank issuer is open the card for Internet transactions. The maximum amount per transaction is BGN 10,000. 

               When the payment made with the card the cardholder need to fill the following information (card number, expiration date, 3 digit security code, the name of cardholder). For you identification as the authentic cardholder, the e-commerce payment server of our servicing bank supports the authentication schemes of the international card organizations - Verified by Visa or MasterCard SecureCode. In case you are registered by your card issuer for participation in those schemes, on your screen will be displayed an authentication page where you have to enter your password.

A Client, who is a user under the stipulations of the User Protection Act shall agree to pay the purchase price of the goods purchased by this user, as well as the postal or transport expenses, not included in this price, related to its delivery within a term not later than 3 workdays after expiry of the deadline under article 14, paragraph 4 of the User Protection Act.

Delivery 

The goods declared for purchase shall be delivered to the address specified by the Client for delivery within term:

·                         - up to 7 work days;

·                         - sufficient according to the circumstances – for international delivery.  

            The goods shall be delivered properly packages according to its type and delivery transport. 

Delivery of the goods 

The goods shall be delivered to the Client or third party accepting and confirming the receipt of the goods on behalf of the Client. During the delivery of the goods, the Client or the other party shall sign the accompanying documents.

In case the Client shall not be found within the term for delivery to the address specified by the client or no access and conditions for delivery of the goods shall be provided within this term, MDA Finance shall be released of its obligation to deliver the goods specified for purchase. The Client shall confirm his willingness to receive the goods after the expiry of the delivery term, during which the Client has not been available at the address by undertaking all expenses for the delivery. In this case respectively a new term for the delivery shall start operating from the moment of confirmation under the previous paragraph. 

Waiver 

            The Client shall have the right to waive the ordered goods in case:

                        -  the delivered goods is evidently not matching the goods declared for purchase by the Client and this could be established through its normal review;

                         - during transportation, the goods or the package of the goods have been damaged;

                         - the price that the Client shall pay shall not comply with the price due;

            A Client who is also a user under the Customer Protection Act according to article 55, paragraph 3 shall have the right, without being due liquidated damages or default and without specifying a reason to waiver from the concluded contract for goods purchased through macoins.com by returning the goods within 7 workdays from the date of its receipt. In case the Client shall waiver the executed contract within the term under the previous sentence, the Client shall send the notice for waiver from the concluded contract to MDA Finance and to return the goods with non-breached integrity. MDA Finance shall repay to the Client in full any and all amounts payable by the Client not later than 15 workdays from the date at which the Client has practiced its right of waiver. In case we need to return you money for paid to us with a card contracted or delivered/performed goods or services, we will refund you by a credit transaction on the card used for the original purchase.

            During receipt of the goods, please specify the contents of the package for compliance of the goods sent with the ordered delivery.

In case of established breaches in the exterior of the goods, please refer to the courier, who shall be responsible to execute a protocol for settlement of the package. 

Rights and obligations of MDA Finance : 

To provide to the Client ownership of the goods declared for purchase;

To provide the goods ordered for purchase within due term;

                  To provide the required care to implement his obligations;

                  To send non-requested commercial messages to the Client with the purpose of proposing information and advertising regarding goods and/or services of his own or of other vendors and make queries regarding any issues, to conduct questionnaires, etc.

MDA Finance shall not have an obligation to deliver computer equipment and connection for transfer of data packages between the Client and Macoins.com, required for gaining access to the resources of the System. MDA Finance shall not be responsible, if the Client cannot provide access due to problems outside the control of MDA Finance (hardware or a software problem, problem with the Internet connectivity, etc.). 

Limitation of responsibility 

            MDA Finance shall take due care that the information in the store is always correct and updated, but shall not guarantee the authenticity and completeness of such information.

            MDA Finance shall not be held responsible for failure to provide access to the store, as well as failure to process or untimely processing of the requests for purchase, in case of occurrence of circumstances outside its control – cases of force majeure, random events, World Wide Web problems and providing services outside the control of MDA Finance.

            MDA Finance shall not guarantee that the access to the store shall be interrupted in a timely and certain manner and free from errors as long as this is outside the capacity, the control and the intentions of MDA Finance.

       MDA Finance shall not be held responsible for damages, incurred by the software, hardware or telecommunication facilities or loss of data, having resulted from materials or resources, having been sought, provided or used in any way through Macoins.com. 
            As long as no objective possibility and obligation exists and has failed to control the Internet pages and resources having become accessible through the hyperlinks and advertising banners placed in the Client profile of the Client, MDA Finance shall not be held responsible for the unlawful nature of the contents and materials, available at those Internet pages and resources. MDA Finance shall not be held responsible for any damages and incurred benefits, having occurred as a consequence of the use, access to or the untrustworthiness of the materials and the contents.
         MDA Finance shall not have the obligation and the objective possibility of controlling the method, according to which the Client shall use the store. 

Rights and obligations of the Client 

The Client shall agree:

·                         - to specify a precise and valid telephone, address for delivery and e-mail address for correspondence;

·                         - to pay the price of the goods ordered therein;

·                         - to pay for the expenses for the delivery;

·                         - to receive the goods;

·                         - to exercise all due care and undertake the required measures that shall be reasonably enforced with the purpose of protection of his Password;

·                         - shall not disseminate to third parties its password and shall immediately inform MDA Finance in case of illegal access to the Client profile, as well as in case of the probability of such;

·                         - in view of the specifics of the Internet protocols and the security in protection of the Password information, to sign out the session in which it has entered his Client profile by pressing the virtual button “exit”,

·                         - shall not submit fictitious or invalid applications or any other incorrect information.

 The Client shall have full responsibility to protect the Password, as well as any and all actions, having been performed by him or third party through its use.

The Client shall have the right to:

1. Access to the online regime to в macoins.com, in performance of the conditions and the requests for access, specified by MDA Finance.

2. Access and correction in online regime of his personal data. By accepting the General Terms and Conditions, the Client shall agree to receive non-requested Commercial messages by MDA Finance and his subdivisions. The Client, as regards to the use of macoins.com:

                         - shall comply with the Bulgarian laws, the General Terms and Conditions, the Internet-ethics, rules of the morals and the good customs;

                         - shall not breach the foreign property or non-property rights, including the right to intellectual property;

                         - shall immediately inform MDA Finance for each occasion of performed or discovered breach in use of the store;

                         - shall not interfere with the correct operation of the System, shall not prevent the procedure of identification of another Client, shall not conduct access outside the access already granted, shall not impede any other Clients in using the store and shall not use the store in a way, causing a denial of the services ("denial of service");

                         - shall not obtain information resources using technical facilities or technical methods, as well as parts of the information resources, adjacent to the database, situated in macoins.com and thus shall not establish its own database in electronic or another form;

                         - shall not impersonate another person or a representative of a legal entity or a group of people, which he has not been authorized to represent or in another way mislead parties regarding the identity or the membership to a specific group of persons;

                         - shall not perform malicious actions under the General Terms and Conditions.

            In case of failure to comply with the obligations under the previous paragraph, MDA Finance shall immediately and without advance notice shall suspend the access of the Client or third parties to its Client profile, as well as right to compensation for any and all damages and opportunity costs, which shall be a direct and immediate consequence of the failure to perform the obligations under the previous paragraph on behalf of the Client. In such cases, MDA Finance shall have the right to notify the competent state bodies to establish the respective breach.

Termination

            In case of termination of the contract, the MDA Finance shall deactivate the Client profile or shall delete the access password for the Client profile. 

The Client shall have the right to request from MDA Finance at any time to eliminate the Client profile. In this case deleting the Client profile shall be performed immediately after the performance of all applications filed by the Client and respectively payment on behalf of the Client of the due sale price and expenses for delivery.

Except in cases expressly provided for in the General Terms and Conditions, the Contract between the parties shall also be terminated in case of occurrence of any of the following circumstances: 
1. suspension of the operation of MDA Finance;

2. suspension of store maintenance;  

3. in other cases provided by law.

Contract dissolving

          Outside the cases set forth herein in the General Terms and Conditions, each of the parties shall have the right to terminate this Contract by sending a one week advance notice to the other party in case of failure to perform the contractual obligations. 

Compensations

The Client shall compensate MDA Finance and any and all parties for any and all damages and opportunity costs incurred, including any and all expenses and paid legal fees, having occurred as a result of filed claims by and/or liquidated damages paid to third parties as regards to failure to perform the obligations under this Contract, breach of the laws of the Republic of Bulgaria, the applicable foreign laws, the General Terms and Conditions, the good manners or the Internet ethics. 
         The Client shall compensate MDA Finance for any and all damages having been caused by third parties, to which the password has been provided and who have used this password. 

Ineffectiveness

          The parties shall hereby declare that in case any of the clauses under the General Terms and Conditions shall provide invalid, this shall not result in invalidity of the contract, of other provisions or any other parts. The invalid provision shall be replaced by the binding legal provisions or the established practice

Dispute settlement 

            Any and all disputes between the parties shall be settled in mutual consent and goodwill. In case agreement could not be reached, all unsettled disputes, having been caused under this Contract between the parties or referring to it, including disputes, having been caused or referring to its interpreting, invalidity, performance or termination, as well as disputes for completion of blanks and its adoption to the incurred events shall be settled under court regulations by the competent court in the city of Sofia.

Written form

            The written form provision shall be considered complied with by sending e-mail, clicking an electronic button at a webpage having a table of content, being completed by the Client or marking in a checkbox (checkbox) in the Internet store, property of MDA Finance, etc. – as far as the event has been technically recorded in a way, providing options for its full reproduction.

Intellectual property rights

            The intellectual property rights on all elements and resources, situated in the electronic trade website Macoins.com – www.macoins.com (including the available database), shall be subject to protection of the Copyright Law and the related rights, shall be property of MDA Finance or the respective specified person, having granted the right of use of macoins.com and shall not be used in breach of the laws in force. 

            The right of access of the Client shall not include the right to copy or reproduce information and use intellectual property objects. Except in case an insignificant volume of information designated for personal use is referred to, in case no legal interests of the authors or other intellectual property rights are damaging the legal rights in an unjustified manner and in case copying or reproduction are being performed with a non-commercial purpose. Regardless of the above-stated, the Client shall not have the right to remove the trademark and property marks of another intellectual property right from the resources available, regardless of the bearer of the respective rights being MDA Finance or another entity.

            In case of copying or reproduction of information outside the permitted amount according to the previous paragraph and in case of any other breach of intellectual property rights over the resources of macoins.com, the Client shall be due to MDA Finance default payment to the amount of BGN 5 000 (five thousand) for each separate breach. The specified amount of the default shall not deprive MDA Finance of the right to claim liquidated damages for damages exceeding the default amount.

 Applicable law

             For any and all issues not settled in the General Terms and Conditions, the regulations of the effective laws of the Republic of Bulgaria shall apply. Should you have any questions as regards to the General Terms and Conditions regarding the services provided in macoins.com, please send them to the following e-mail address: mda@mda.bg