These general terms and conditions govern the provision of services by. These general terms and conditions also relate to:
Any liability of shall be limited to the amount paid out in the particular case under the professional liability insurance policy it has entered into, plus the amount of the own risk deductible that is not payable by the insurer under the conditions of the policy. If for whatever reason, no amount is paid out under the insurance policy, all liability is limited up to the amount that has billed in the particular case. Information concerning professional liability insurance will be made available upon request.
Red Factory uses “Cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our website, but they are non-essential to their use. However, certain functionality, like videos, may become unavailable without these cookies. You would be required to enter your login details every time you visit the website, as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of without any compensation or credit to you whatsoever. and its affiliates shall have no obligations with respect to such submissions or posts. They may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing manufacturing and marketing products and services using such ideas.
If you and do not resolve any Dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate as a party or class member). The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the BULGARIAN CHAMBER OF COMMERCE AND INDUSTRY. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR RED FACTORY ’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversies between you and Red Factory concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
In the event of a dispute, you or Red Factory must give the other a Notice of Dispute, a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. Red Factory will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Red Factory will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After forty (40) days, you or Red Factory may commence arbitration.
Red Factory may sometimes include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules containing certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.
You agree to indemnify and hold Red Factory and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Red Factory may, from time to time, provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain website features and/or functionalities. You agree that Red Factory has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website and (ii) subject to the terms and conditions of this Agreement.
You acknowledge and agree that Red Factory may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or users, generally at Red Factory’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to inform Red Factory when you stop using the Service. You acknowledge and agree that if Red Factory disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page and/or update the Terms & Conditions modification date below.
The Agreement constitutes the entire agreement between you and Red Factory regarding your website use. It supersedes all prior and contemporaneous written or oral agreements between you and Red Factory.
You may be subject to additional terms and conditions that apply when you use or purchase other Red Factory services, which Red Factory will provide to you at the time of such use or purchase.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time after that, nor shall the waiver of a breach constitute waiver of any subsequent breach.
Notwithstanding any damages you might incur, the entire liability of Red Factory and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website. To the maximum extent permitted by applicable law, in no event shall Red Factory or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Red Factory or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorised to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that the copyright owners do not authorise the use of the material; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorised to act on behalf of the owner.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Red Factory with respect to the website shall remain the sole and exclusive property of Red Factory. Red Factory shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
This Agreement, together with the Privacy Policy and any other legal notices published by Red Factory on the Services, shall constitute the entire agreement between you and Red Factory concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such or any other term. Red Factory’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Red Factory AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Red Factory. Its licensors or other providers of such material. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Red Factory, unless and except as is expressly provided in these Terms & Conditions. Any unauthorised use of the material is prohibited.
Suppose a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error. In that case, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment accounts in the amount of the charge.
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