Terms of Use

Terms of Use of HAPPINESS EOOD

This document contains the General Terms and Conditions of the agreement for the use of the services provided by “HAPPINESS” EOOD through the online ordering website “www.dostavka.happy.bg”/ Happy Delivery Mobile application (the “General Terms and Conditions”) and governs the relations between “HAPPINESS” EOOD and each user of the website www.dostavka.happy.bg.

I. DEFINITIONS

For the interpretation and application of these General Terms and Conditions, the terms and expressions used shall have the following meanings:
1.1. “IP Address” (“IP address”) is a unique identification number associating a device, web page or user resource in a manner that enables its location on the global Internet network.
1.2. “HAPPINESS” EOOD (hereinafter referred to as HAPPY) is a commercial company with UIC: 103279218, with registered office and management address: Varna, 25 Tsar Osvoboditel Blvd., and correspondence address: Varna, 25 Tsar Osvoboditel Blvd., Hotel “Orbita”, tel.: (+359) 0700 19 000, e-mail: [email protected], which provides the services subject to these General Terms and Conditions through the website administered by it: http://dostavka.happy.bg.
1.3. Through the website https://dostavka.happy.bg USERS are provided with the opportunity to purchase food and have it delivered to an address specified by them.
1.4. “Electronic Link” is a link indicated on a particular web page that enables automated redirection to another web page, information resource or object through standardized protocols.
1.5. “Malicious Acts” are acts or omissions that violate Internet etiquette or cause harm to persons connected to the Internet or associated networks, including, but not limited to, sending unsolicited mail (SPAM, JUNK MAIL), channel flooding (FLOOD), obtaining access to resources using third-party rights and passwords, exploiting system vulnerabilities for personal gain or obtaining information (HACK), performing acts that may be classified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending “Trojan horses” or causing the installation of viruses or remote-control systems, interfering with the normal operation of other Internet users and associated networks, as well as carrying out any acts that may be classified as a criminal offence or administrative violation under Bulgarian law or other applicable law.
1.6. “Web Page” is a part of a website that may be an integral or separate part thereof.
1.7. “Information System” is a device or a system of interconnected devices, one or more of which is intended to store, send or receive electronic documents.
1.8. “USER” has the same meaning as “Customer” and means any person over 18 years of age who uses any of the services and resources provided through the HAPPY DELIVERY call centre and the website dostavka.happy.bg.
1.9. “User Profile” is a separate section of dostavka.happy.bg containing information about the user provided by the user upon registration and stored by dostavka.happy.bg, with access to the User Profile being obtained by entering a username and password. The Profile allows the user to view and edit the data entered during registration, access their personal data and personal mailbox, change their access password and personal information, subscribe to or unsubscribe from a newsletter, etc.
1.10. “Username” is a unique code of letters and/or digits selected by the user, by means of which the user is identified on dostavka.happy.bg
1.11. “Password” is a code of letters and/or digits selected by the user which, together with the username, identifies the user and grants access to the personal profile on dostavka.happy.bg.
1.12. “User Content” means any information, text, data, opinions, comments and blog content that the USER places on dostavka.happy.bg so that it is accessible through the Website dostavka.happy.bg to all other USERS.
1.13. “Server” is a device or system of interconnected devices on which, or on one of which, system software is installed for performing tasks related to the storage, processing, receipt or transmission of information.
1.14. “Website” is a designated location on the global Internet network, accessible through its uniform resource locator (URL) via the HTTP or HTTPS protocol and containing files, programs, text, sound, pictures, images, electronic links or other materials and resources.
1.15. “Blog” is a Website whose content is regularly supplemented with comments, descriptions of events, files and other information materials presented in chronological order.
1.16. “Fortuitous Event” is a circumstance of an extraordinary nature, unforeseen at the time of conclusion of the agreement, which makes its performance objectively impossible.
1.17. “Commercial Communications” are advertising or other messages presenting, directly or indirectly, the goods, services or reputation of a person carrying on a commercial or craft activity or practising a regulated profession.

1.18. “Call Centre” is an organized system of technical equipment, software solutions and trained HAPPY employees through which communication with customers is carried out by telephone. The main purpose of the call centre is to accept, confirm and process orders, provide information about HAPPY products and services, and assist in resolving matters related to delivery, service and customer feedback.

1.19. “Personal Data” means any information relating to an identified natural person or a natural person who can be identified (“data subject”); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, psychological, mental, economic, cultural or social identity of that natural person.
1.20. “Delivery Person” is an employee of HAPPY who performs actions for delivering the products selected by the USER to the address specified by the USER.

1.20. “Happy Delivery Mobile Application” is a software application intended for use via mobile devices (smartphones or tablets), which enables users to view the HAPPY menu, select dishes and beverages, place and pay for orders online, and track the delivery of the selected food in real time.

1.21. “HAPPY Website” is https://dostavka.happy.bg

1.22. “Chatbot” is a software application using artificial intelligence (AI) that automates communication with USERS through text messages on the Website dostavka.happy.bg. The Chatbot simulates human conversations by providing answers to questions, performing specific tasks or providing information, interacting with the USER in real time and giving personalized suggestions based on identified preferences, actions and time spent by the USER on the website.

II. SUBJECT MATTER OF THE AGREEMENT

2.1. Through the Website dostavka.happy.bg, HAPPY provides the USER online with the services provided for in these General Terms and Conditions (the “Services”), subject to the USER's strict compliance with the requirements set out in these General Terms and Conditions.
2.2. Some of the Services on the Website dostavka.happy.bg are provided to all USERS without prior registration being required. These include, without limitation: access to and use, in compliance with the rules of these General Terms and Conditions, of various information resources available through the Website dostavka.happy.bg – news, entertainment publications, promotions, a calendar containing information on upcoming events, training sessions and seminars, a catalogue of electronic links to Bulgarian and foreign websites or other content provided by dostavka.happy.bg, as well as User Content published on the Website dostavka.happy.bg;
2.3. The use of some of the Services on the Website dostavka.happy.bg is possible only after prior registration, creation of a User Profile for the USER, and entry of the username and password.
2.4. The relations between USERS and dostavka.happy.bg in connection with the offering of, access to and use of paid services through the Website www.dostavka.happy.bg are governed by the rules described in the General Terms and Conditions for the use of the respective paid services, available through the Website dostavka.happy.bg.

III. SCOPE. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

3.1. These General Terms and Conditions apply to relations with USERS who have registered on the Website dostavka.happy.bg (“registered USERS”). These General Terms and Conditions also apply accordingly to relations with USERS who have not registered on the website dostavka.happy.bg (“unregistered USERS”), whose rights are limited to the use of the services described in item 2.2.
3.2. The text of these General Terms and Conditions is available on the Internet at dostavka.happy.bg in a manner that allows it to be stored and reproduced. An electronic link to the Web Page containing the text of these General Terms and Conditions is placed on every page of the Website dostavka.happy.bg. Each time the services and resources of the Website dostavka.happy.bg are used, including by opening a Web Page of the Website dostavka.happy.bg, as well as by clicking an electronic link from the title (home) page or any other Web Page of the Website dostavka.happy.bg, USERS declare that they are familiar with these General Terms and Conditions, agree to them and undertake to comply with them.
3.3. In order to use the services under item 2.3 of these General Terms and Conditions, the USER must register in advance by completing the relevant electronic registration form available online in real time on the Internet at dostavka.happy.bg.
3.3.1 During the registration process, by ticking the box “I agree to the General Terms and Conditions of dostavka.happy.bg and clicking the virtual “Registration” button, the USER, or respectively the USER's parent or guardian, makes an express electronic statement within the meaning of the Electronic Document and Electronic Trust Services Act, declaring that they are familiar with these General Terms and Conditions, accept them, agree to them and undertake to comply with them.
3.3.2 Upon registration, the USER obtains access to all services offered by dostavka.happy.bg. When completing the registration form, the USER is obliged to provide complete and accurate data concerning their identity, respectively the identity of the USER, and the other data required by the electronic form of dostavka.happy.bg, and to update such data immediately upon any change. The USER guarantees that the data provided during the registration process is true, complete and accurate and, if it changes, will update it in a timely manner.
3.3.3 If the personal data required in the registration form is not provided, dostavka.happy.bg has the right to refuse registration.
3.3.4 If false data is provided or changes that have occurred are not reflected, dostavka.happy.bg has the right to terminate or immediately suspend, without notice, the provision of the Services and the maintenance of the registration. In such case, termination of the provision of the Services shall be deemed automatic termination of the agreement.

IV. USERNAME AND PASSWORD. USER PROFILE

4.1. Upon registration, the USER specifies a username and password. If the username is not already taken, the USER receives the username and password requested. Through them, the USER obtains access to their User Profile and the opportunity to use the Services under item 2.3.
4.2. The username is a unique code of letters, digits and symbols by means of which the USER is identified when using the Services under item 2.3. dostavka.happy.bg does not verify and is not responsible for whether the username corresponds to the USER's name, whether it affects third-party rights and, in particular, a right to a name or other personal rights, a right to a trade name (company name), a trademark right or other intellectual property rights.
4.3. The password is a code of letters, digits and symbols which, together with the username, is used to access a specific User Profile.

4.5. The USER is obliged not to disclose their password, or the secret question and answer, to third parties and to notify dostavka.happy.bg immediately in the event of unauthorized access or the likelihood thereof. The USER is obliged to exercise all due care and take all reasonably necessary measures to protect their password and secret question and answer, and bears full responsibility for all actions performed by the USER or by a third party through their use.
4.6. The User Profile is a separate section of the Website dostavka.happy.bg containing information about the registered USER, provided during the registration process and stored on a server of dostavka.happy.bg. Through the User Profile, the USER may use, configure, activate or deactivate the use of various services under item 2.3 of dostavka.happy.bg, manage User Content placed by the USER on a server of dostavka.happy.bg, update the data provided upon registration, change their password and secret question and answer, terminate their registration on dostavka.happy.bg, etc.
4.7. In order to access the paid services on the Website dostavka.happy.bg, the USER must register on a Web Page designated for that purpose or perform other actions in accordance with the requirements of the General Terms and Conditions for use of the respective paid service indicated on that page.
4.8. Each USER may have only one active User Profile. Registration under a fictitious name or another person's name (another identity) is prohibited. dostavka.happy.bg may refuse the registration of a person where it receives information that the person has provided false or third-party data.

V. CONCLUSION OF THE AGREEMENT

5.1. The agreement between the parties takes effect from the moment agreement is reached, evidenced in the manner specified in item 3.2 or item 3.3.1.
5.2. The agreement is concluded in Bulgarian.
5.3. The agreement shall remain in force:
a) for unregistered USERS – until they cease using the Services under item 2.2;
b) for registered USERS – for an indefinite period from registration of the USER until termination of the agreement in accordance with the procedure provided for in these General Terms and Conditions.

VI. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

6.1. In view of the periodic supplementation and modification of the Services, their improvement and expansion, as well as possible legislative changes affecting them, the General Terms and Conditions may be amended unilaterally by HAPPY. Such amendment may also be made in the event of a change in the type, nature or technology of the Services provided, discontinuation of certain Services, or a change in economic conditions.
6.2. When amendments are made to the General Terms and Conditions, HAPPY brings them to the attention of USERS by publishing them on the Website dostavka.happy.bg. HAPPY provides USERS with a two-week period in which to become acquainted with the amendments to the General Terms and Conditions, after which they enter into effect.
6.3. These General Terms and Conditions, as well as future amendments thereto, also apply to existing registered USERS as of the date on which they enter into effect. Within the period under item 6.2, they may state, by sending a message to HAPPY, that they reject the amendments. If HAPPY does not receive a statement rejecting the amendments, the USER shall be deemed bound by them. A statement by a registered USER that they do not agree with the amendments to the General Terms and Conditions shall result in automatic termination of the agreement between the USER and HAPPY for use of the services provided through the Website dostavka.happy.bg, in which case HAPPY has the right immediately to suspend the respective USER's access to their User Profile, terminate their registration and delete from its servers all User Content placed by that USER.

VII. RIGHTS AND OBLIGATIONS OF THE USER

7.1. The USER shall independently provide the client equipment required to use the services provided by HAPPY (end devices for Internet access and the relevant software applications) and Internet access.
7.2. The USER has the right to online access to the Services provided through the Website dostavka.happy.bg, subject to compliance with the access conditions and requirements determined by HAPPY.

7.4. When using the services provided by HAPPY, the USER undertakes not to upload or place on a HAPPY server, or otherwise make available to third parties, User Content – information, data, text, messages, as well as any other materials or electronic links to materials:
a. contrary to Bulgarian law, applicable foreign laws, these General Terms and Conditions, Internet etiquette, rules of morality and good morals;
b. containing violence (including violence against animals), incitement to violence, degradation of human dignity, threats to human life and bodily integrity;
c. containing pornographic or explicitly sexual content;
d. containing clearly distinguishable bodies of victims of accidents and other serious incidents;
e. insulting a religion or containing religious propaganda;
f. constituting a trade or official secret or other confidential information;
g. that are subject to intellectual property rights of third parties, except with the consent of the right holder;
h. infringing any property or non-property rights or legitimate interests of third parties;
i. promoting discrimination based on sex, race, educational level, age or religion, or advocating fascist, racist or other undemocratic ideology;
j. damaging another person's reputation and calling for violent change of the constitutionally established order, commission of a crime, violence against a person, or incitement of racial, national, ethnic or religious hostility;
k. containing information that incites or facilitates the commission of terrorist activity;
l. containing information about third-party passwords or access rights without the consent of their holder, as well as software for accessing such passwords or rights;

7.5. When using the services provided by HAPPY, the USER undertakes:
a. not to perform Malicious Acts within the meaning of these General Terms and Conditions;
b. to notify HAPPY immediately of any committed or detected violation in the use of the services provided;
c. not to impersonate another person;
d. not to use methods leading to the forced loading of content unwanted by Internet users (“pop-up”, “blind link” and similar methods).

7.6. The USER has the right at any time, at their own discretion, to discontinue use of the Services provided by HAPPY by deactivating them from their User Profile or another Web Page designated for that purpose, or by terminating their registration on the Website dostavka.happy.bg, or respectively by ceasing use of the Services under item 2.2. From the moment registration is terminated, and for unregistered USERS – from the moment use of the services under item 2.2 ceases, the agreement between the parties shall be deemed automatically terminated, and HAPPY shall suspend the respective USER's access to their User Profile and shall have the right to suspend access to and delete from its servers all User Content placed by that USER in accordance with item 14.2 of these General Terms and Conditions. Deactivation of the provision of certain Services does not result in termination of the agreement.
7.7. The USER may access and use any content published on the Website dostavka.happy.bg, including User Content, solely for personal, non-commercial purposes and in compliance with the requirements of these General Terms and Conditions.
7.8. The USER undertakes not to obtain or attempt to obtain unauthorized access to the services provided by dostavka.happy.bg by intercepting and using third-party passwords or by any other methods, and not to circumvent, damage or otherwise interfere with the normal operation of technical or software applications of the Website dostavka.happy.bg that prevent or restrict access to third-party electronic mailboxes, administrative panels, computer systems and networks connected with the services provided.

VIII. RIGHTS AND OBLIGATIONS OF HAPPY

8.1. HAPPY undertakes to exercise due care to enable the USER to use the Services normally.

We, HAPPY DELIVERY, promise that we will be at your door with your order within the time announced when you placed your order. When placing the order, you may choose one of the following options – “delivery to the door” (which means delivery to a separate residential or office premises in a building, provided that the Delivery Person is given access to it) or “delivery to the building entrance (with a ring at the bell)”. Food orders with a delivery address at medical facilities, as well as in buildings with restricted access for outsiders, shall be handed over at the entrance of the respective building, and the “delivery to the door” option is not available for such orders.

WE, HAPPY DELIVERY, undertake to deliver your order within 75 minutes.

In the event of high workload causing temporary difficulty for HAPPY DELIVERY in meeting the stated delivery time in the area where the USER's delivery address is located, HAPPY DELIVERY has the right to refuse to accept the order, while promptly informing the USER that the order cannot be accepted.

HAPPY DELIVERY reserves the right to change the delivery areas and/or their boundaries at its discretion.

8.1.1. Delivery Terms by City

Sofia – delivery costs €2.29. €2.35 for the following areas: Simeonovo–Dragalevtsi villa zone, Lyuben Karavelov University of Structural Engineering and Architecture, Vrabnitsa 2 residential complex, Obelya 2 residential complex, Svoboda residential complex, Obelya–Vrabnitsa. €2.45 for the following areas: Airport, Belovodski Pat villa zone, Kinotsentara villa zone, Malinova Dolina villa zone, Gorna Banya district, Gorublyane district, Republika district, Simeonovo district, Suhodolska–Ring Road, Sofia Thermal Power Plant. €2.65 – Abdovitsa, Bunkera villa zone, Kiliite villa zone, Malinova Dolina – Gerena villa zone, Kambanite residential complex, Sofia Village residential complex, Knyazhevo district, Malashevtsi district, Orlandovtsi district, Detski Grad locality, International Park of the Children of the World (Kambanite), Metro – Slivnitsa Blvd., Vasil Levski district, Levski V district, Levski G district. €2.86 for the following areas: Vrazhdebna district, Suhodol district, Filipovtsi district. €3.99 for the following areas: Benkovski district, Iliyantsi district. Orders to the areas of Knyazhevo, Vasil Levski district, Levski V, Levski G and Voenna Rampa are fulfilled until 16:00. Delivery to Bankya and the village of Ivanyane costs €5.29.

Varna – delivery costs €2.29. €4.29 for the following areas: Golden Sands resort; €3.78 for the following areas: Kukudiva locality. €3.16 for the following areas: Banala Cheshma locality, Manastirski Rid villa zone, Alen Mak villa zone, Deli Sava villa zone. €2.76 for the following areas: Balam Dere villa zone, Chaika resort. €2.65 for the following areas: Malka Chaika locality, Varna Airport, Radiostantsiya locality, Yalovi Nivi locality, Western Industrial Zone, Port Palace, Eco Park Varna. €2.35 for the following areas: Kaysieva Gradina residential complex, Atanas Tarla locality, Golyam Pyasak locality, Malak Pyasak locality, Planova villa zone. €2.45 for the following areas: Asparuhovo district, Sts. Constantine and Helena resort, Vinitsa district. The consumables in which the food is delivered are paid for separately in accordance with item 8.1.3.

Plovdiv – delivery costs €2.29. Outside the city: Komatevo district and Proslav district – delivery €2.86. For the villages of Tsaratsovo, Radinovo, Benkovski, Kostievo and Voysil – delivery costs €3.29. No delivery is made to the Stolipinovo area.

Consumables are paid for separately in accordance with item 8.1.3.

Burgas – delivery costs €2.29. €4.09 for the following areas: Banevo district, Burgas Mineral Baths resort, Borovete villa zone. €3.57 for the following areas: Dolno Ezerovo district, Gorno Ezerovo district. €2.86 for the following areas: Sarafovo district, Business Park villa zone. €3.06 for the following areas: Lozovo district. €2.76 for the following areas: Meden Rudnik residential complex. Consumables are paid for separately in accordance with item 8.1.3.

Ruse – delivery costs €2.29. €3.32 for the following areas: Industrial Zone. Consumables are paid for separately in accordance with item 8.1.3.

Sandanski – delivery costs €2.29. The villages of Belevhechevo, Leshnitsa, Novo Delchevo and Polenitsa – €2.29. The villages of Sklave, Valkovo, Struma and Ribnik – €2.65. Consumables are paid for separately in accordance with item 8.1.3.

Petrich – delivery for each order costs €2.65. The villages of Parvomay, Rupite, Marikostinovo, Razhdak, Starchevo, Mihnevo and Kulata – €2.65. Consumables are paid for separately in accordance with item 8.1.3.

8.1.2. Minimum Order Value

The minimum order value for the Happy and Burrata chains is €9.69, excluding the delivery charge. The minimum order value for the Happy chain for the area of Bankya and the village of Ivanyane is €40, excluding the delivery charge. The minimum order value for the Happy chain for the villages of Tsaratsovo, Radinovo, Kostievo, Benkovski and Voysil and the Maritsa Industrial Zone is €25, excluding the delivery charge. The minimum order value for the Captain Cook chain is €10.22, excluding the delivery charge.

All prices stated in the menu published on the website dostavka.happy.bg and in these General Terms and Conditions are in euro (€).

8.1.3. Consumables

One free box is provided for each main portion ordered. Cutlery is not included in the price and may be added for an additional charge. A cutlery set (fork, knife and spoon) is offered at a price of €0.17. When a portion of sushi is ordered, one free set of sushi chopsticks is provided, and each additional set may be purchased at a price of €0.05. If the customer wishes to have an additional box, it is charged at €0.25. The price of the paper packaging in which the order is delivered is €0.12. In accordance with the standards governing the Delivery Person's activities, more than one paper package may be used for a single order, depending on the type and number of items.
The amendments to these General Terms and Conditions are introduced in implementation of the requirements of Directive (EU) 2019/904 of the European Parliament and of the Council of 05.06.2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155 of 12.06.2019) and the Ordinance on reducing the impact of certain plastic products on the environment adopted in this connection by Council of Ministers Decree No. 354/26.10.2021.
8.1.4. HAPPY DELIVERY guarantees the taste characteristics and quality of the food delivered under your order for a period of 2 (two) hours from the time of delivery. In view of this, HAPPY DELIVERY recommends that you consume the food delivered to you within the above period. After that period, HAPPY DELIVERY shall not be liable for the taste characteristics and quality of the delivered products.

8.1.5. If a quantitative or qualitative discrepancy is established between your order and the delivered products, you have the right to make a complaint in accordance with the Consumer Protection Act. To make your complaint, you must notify us within 60 minutes from the time your order was handed over, and notification shall be deemed submitted by calling the national Order Acceptance Centre at 0700 19000. If your complaint notification is made after this period, HAPPY DELIVERY is not obliged to follow the complaint acceptance policy.

Calls to 0700 19000 are charged at the price of one local call, the price of which is determined by each user's individual tariff plan with the telecommunications company whose services they use.

8.1.6. If you submit a justified complaint, we offer the following options for resolving the identified problem depending on the situation and the type and nature of the problem:
- If the product is a pizza, main dish, salad, burger or tortilla, children's menu item, dessert, grilled item, appetizer, sauce, sushi add-on, side dish, beverage or bread roll, we will replace it with a new one as quickly as possible within the same day, or we will provide you with a voucher that you may use with your next order, equal to the value of the incorrect product.

The voucher cannot be combined with any other type of discount.
The voucher is used to pay for the entire order or part of it.
The voucher may be used once only and may not be used to pay for two or more orders.

The voucher is provided for a period of one month (30 calendar days) after receipt.

8.1.7. In all cases of incorrect performance of your order, except those related to an undelivered item/product, your complaint shall be recognized as justified only if you present to the Delivery Person the product with which you are dissatisfied in a quantity of not less than two thirds of the amount delivered. Conversely, if the customer has discarded the order or returns less than two thirds of the quantity provided, HAPPY DELIVERY assumes no liability for compensation.

8.1.8. The time guarantees do not apply to all orders. Orders over €52 require more preparation time and therefore the delivery time must be extended. Each customer will be informed in a timely manner of the delivery time while placing their order or subsequently.
8.1.9. This Policy for the Acceptance and Satisfaction of Complaints does not apply in the event of force majeure circumstances, including reasons related to adverse weather conditions.

8.2. HAPPY has neither the obligation nor the objective ability to control the manner in which the USER uses the Services provided and shall not be liable for the USER's purposes and activities in connection with the use of the Services or for the type and nature of User Content. HAPPY is not obliged to monitor information stored on its servers or made accessible in the provision of the Services, nor to seek facts and circumstances indicating unlawful activity by the USER through use of the Services.
8.3. In accordance with the requirements of applicable Bulgarian law, HAPPY stores information materials and resources placed by the USER on a server of dostavka.happy.bg and has the right to provide them to the competent state authorities where this is necessary to preserve the rights, legitimate interests and security of HAPPY or third parties, as well as where they are duly requested by the relevant state authorities.
8.4. If a USER's User Profile is not used for 60 days after registration or 120 days have elapsed since its last use, HAPPY has the right, without notice, to suspend the respective USER's access to their User Profile, terminate their registration and delete from its servers all User Content placed by that USER. From the moment registration is terminated, the agreement with the USER shall be deemed automatically terminated.
8.5. HAPPY has the right to place on any page of the Website dostavka.happy.bg, including in User Profiles, electronic links, advertising banners and other forms of advertising for goods and services offered by HAPPY or third parties, as well as electronic links and advertising banners pointing to websites outside HAPPY's control. HAPPY shall not be liable for the content, accuracy and lawfulness of such Web Pages or resources or of services or resources made available to the USER while using the services of the Website dostavka.happy.bg
8.6. Where the USER activates the option to offer advertising space on a blog, HAPPY has the right, but not the obligation, at its discretion, to place materials under item 8.5 there. If such materials are placed on the blog, HAPPY undertakes to provide the USER with a percentage, determined by HAPPY, of the revenue received from that advertising.
8.7. HAPPY has the right to send Commercial Communications to USERS in order to offer information and advertisements concerning its own goods and/or services or those offered by other commercial companies, to make enquiries on various matters, conduct surveys, etc.
8.8. HAPPY has the right, but not the obligation, at its discretion and without warning, to suspend access to and/or remove User Content where it is contrary to the requirements provided for in these General Terms and Conditions.

8.10. HAPPY has the right, at its discretion and without warning, temporarily to suspend or restrict the USER's access to the Services under item 2.3, as well as the access of other USERS to User Content placed by that USER, where, in HAPPY's judgment or according to information received from third parties, the USER uses the Services in violation of Bulgarian law, these General Terms and Conditions, good morals or other applicable rules.
8.11. HAPPY reserves the right temporarily or permanently to discontinue the provision of specific Services available through the Website dostavka.happy.bg by notifying the USER thereof by a message on the relevant Web Pages or in the User Profile.

8.12. The USER may place an order by telephone through the call centre /0 700 19000/, through the website https://dostavka.happy.bg or through the Happy Delivery Mobile application and collect the prepared order, packaged, from a restaurant selected by the USER.

8.12.1 For the purpose of accurate and timely fulfilment of orders and provision of the SERVICES, improving service quality, monitoring the fulfilment of requests and protecting the company's legitimate interests, all telephone conversations conducted between the customer and the call centre, as well as between the customer and the company's Delivery Persons without the involvement of the call centre, shall be recorded.

8.12.2. By accepting these General Terms and Conditions, the customer declares that they are aware of and agree that when placing an order, regardless of the communication channel, i.e. including orders through the Website dostavka.happy.bg or the Happy Delivery Mobile Application, telephone conversations between the customer and HAPPY Delivery Persons and/or call centre shall be recorded.

8.12.3. In subsequent calls relating to an order already placed, made by employees/Delivery Persons of the company to the customer, the customer will not be additionally notified that the conversation is being recorded.

8.12.4. The grounds, purposes and additional information concerning the protection of personal data when audio recordings are made by the call centre can be found in HAPPY's Privacy Policy.

8.12.5. Customers who do not wish their conversations to be recorded should terminate the call and use other channels for contact or placing an order through which no recording is made. In such cases, however, if the USER categorically refuses to conduct telephone conversations with HAPPY because they do not wish to be recorded, there is a risk that the SERVICES may not be performed, because the Delivery Person may be unable to find the delivery address or may be prevented from contacting the customer in time to hand over the order for various reasons, for example the absence of a doorbell, a clearly marked delivery address, etc. In such cases, all costs for the order placed, including delivery costs, shall be borne by the USER, who shall be deemed to have been notified in advance by virtue of these General Terms and Conditions.

8.13. The USER receives:

- 10% discount when collecting the order from the restaurant, where the price is paid in cash or through a POS terminal.

8.14. The discounts under item 8.13 MAY NOT be combined with other discounts or price reductions on items (for example resulting from a promo code, voucher, reduced-price items, etc.). Where another promo code or voucher is available, the system automatically applies the higher discount, and the USER has the option to remove it and personally select the one they wish to use.

8.15. There is no minimum value for the “PICK UP FROM THE RESTAURANT”/ “PICK UP” service.

8.16. For the purpose of determining the time required to prepare the order, the USER may select the “now” option or specify another later time at which they will collect the order. If the “now” option is selected, the approximate preparation time is approximately 25 minutes, although this period may be extended depending on the current workload of the restaurant selected by the USER. When finalizing the order, the USER receives information about the expected preparation time and may then confirm or cancel the order if they do not agree with it.

8.17. The USER is obliged to appear at the respective restaurant selected by them by the end of the expected preparation time in order to receive the order. If the USER is more than 15 minutes late, HAPPY has the right to contact them to clarify the reasons for the delay. If the USER is more than 60 minutes late in collecting the order, HAPPY has the right to cancel the order.

8.18. The terms of items 8.1.3, 8.1.4, 8.1.5, 8.1.6 and 8.1.7 above also apply to “PICK UP FROM THE RESTAURANT”/ “PICK UP” orders.

8.19. HAPPY has the right to require the USER to make advance online payment for the order (as a condition for carrying out the delivery) in the case of orders set for an exact time or a future date (i.e. with a performance date following the date on which the order is placed), as well as in other cases at HAPPY's discretion.

IX. INTELLECTUAL PROPERTY

9.1. By placing User Content in any form on the Website dostavka.happy.bg, the USER grants HAPPY the non-exclusive right to use, record, store and publicly distribute it on the Internet, including to offer an unlimited number of persons access to it in a manner enabling such access to be made from a place and at a time individually selected by each of them, without any remuneration being due for this and without territorial restrictions (worldwide). The right under the preceding sentence is granted for the period during which the User Content is placed on a HAPPY server, as well as for a reasonable period after its removal or deletion.
9.2. When using the Services subject to these General Terms and Conditions, the USER has access to various content and resources that are subject to copyright or other intellectual property rights of HAPPY, other USERS or the respective indicated persons. The USER has access to the content for use for personal purposes in accordance with these General Terms and Conditions and has no right to use, record, store, reproduce, alter, adapt or publicly distribute intellectual property objects made available through use of the Services, except where this concerns an insignificant amount of information intended for personal use, provided that the legitimate interests of the authors or other holders of intellectual property rights are not unjustifiably harmed, where the copying or reproduction is carried out for non-commercial purposes, and where the relevant content has been provided by the USER or the USER has obtained the express consent of the respective right holders. Notwithstanding the foregoing, the USER has no right to remove trademark notices or notices of ownership of other intellectual property rights from materials available to them, regardless of whether the holder of the relevant rights is HAPPY or another USER.
9.4. Intellectual property rights in all intellectual property objects – materials, databases and other resources placed on the Website dostavka.happy.bg, other than User Content placed by USERS on the Website dostavka.happy.bg – are protected under the Copyright and Related Rights Act and/or the Marks and Geographical Indications Act, belong to HAPPY or to the respective indicated person that has granted HAPPY the right of use, and may not be used in violation of applicable law.
9.5. If the USER considers that their intellectual property rights have been infringed by another user, the USER should notify HAPPY in writing at the management address specified in these General Terms and Conditions or by a letter sent to the e-mail address indicated for contact with HAPPY. The notice must precisely identify the material alleged to have been published in infringement of intellectual property rights, identify the person or persons whose intellectual property rights have been infringed and the grounds on which those persons became holders of the respective rights, and provide an address and telephone number for contacting the USER. HAPPY shall, at its discretion, take the actions specified in item 11.1 of these General Terms and Conditions.

X. LIABILITY. LIMITATION OF LIABILITY

10.1. HAPPY exercises due care to enable the USER to use the Services normally, but insofar as they are provided free of charge, it is not obliged to and does not guarantee that they will meet the USER's requirements or that they will be uninterrupted, timely or secure. By accepting these General Terms and Conditions, the USER declares that use of the Services provided shall be entirely at the USER's own risk and responsibility, and the parties agree that HAPPY shall not be liable for any damage that may be caused to the USER while using the Services provided.

10.3. HAPPY shall not be liable for the availability and quality of goods or the content of services brought to the USER's attention by publishing on the Website dostavka.happy.bg electronic links, advertising banners and notices for the sale of goods and provision of services by third parties and/or by attaching such materials to the text of Commercial Communications sent to the electronic mailbox address specified by the USER upon registration or generated upon registration. Insofar as the actions of such third parties are not under HAPPY's control, HAPPY shall not be liable for the unlawful nature of the third parties' activities or for the creation, guarantee, performance, amendment or termination of obligations and commitments undertaken in connection with the goods and services offered by third parties, nor shall it be liable for losses suffered or loss of profit arising from such relations.
10.4. HAPPY shall not be liable for failure to provide the services where circumstances beyond its control occur – in cases of force majeure, Fortuitous Events, problems in the global Internet network and in the provision of services beyond HAPPY's control, problems attributable to the USER's equipment, as well as in the event of unauthorized access or intervention by third parties in the operation of HAPPY's information system or servers.
10.5. HAPPY shall not be liable for damage caused to the USER's software, hardware or equipment, or for loss of data resulting from materials or resources searched for, loaded or used in any manner through the Services provided.
10.6. HAPPY shall not be liable to the USER or third parties for losses suffered or loss of profit resulting from termination, suspension, modification or restriction of the provision of any of the Services, access provided for use of the Services, or the deletion, return, non-receipt, modification, loss, unreliability, inaccuracy or incompleteness of items, messages, materials or information used, recorded or made accessible through the Website dostavka.happy.bg.
10.7. The parties agree that HAPPY shall not be liable for failure to provide the Services or for providing them at reduced quality as a result of tests carried out by HAPPY for the purpose of checking equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the Services provided. In such cases, HAPPY shall notify the USER in advance of the possible temporary non-provision or, respectively, reduced quality of the Services.
10.8. By accepting these General Terms and Conditions, the USER declares that they are aware of the possibility of interruptions and other difficulties in the Internet connection to the Website dostavka.happy.bg that may arise despite the care exercised by HAPPY. The USER declares that they will not claim any compensation from HAPPY for loss of profit, damage suffered or inconvenience resulting from the occurrence of the above interruptions or difficulties in the Internet connection, including with regard to the capacity of that connection.
10.9. HAPPY shall not be liable and shall not owe compensation to a person whose personal data has been used by another person to use the Services provided by HAPPY, regardless of whether or not that person consented to such use.

XI. HAPPY'S RIGHTS IN THE EVENT OF NON-PERFORMANCE OF A USER'S OBLIGATIONS

11.1. HAPPY has the right to suspend, restrict or modify the Services provided to the USER, as well as to refer the matter to the competent state authorities if, in HAPPY's judgment, the USER's conduct violates provisions of applicable Bulgarian law, these General Terms and Conditions, or the rights and legitimate interests of third parties, and also at any time and without prior warning to suspend access to any content placed by the USER on the Website dostavki.happy.bg which HAPPY considers, or regarding which it receives information from third parties, to be contrary to applicable Bulgarian law, these General Terms and Conditions, or their own or third-party rights and legitimate interests, including intellectual property rights, until such dispute is resolved by an act of a competent state authority.
11.2. Upon receipt of an order from competent state authorities concerning User Content, HAPPY has the right, without prior warning, to suspend access to such User Content or to take other actions in accordance with the order received.
11.3. HAPPY has the right, without notice, to deactivate the password for access to the USER's User Profile if, in HAPPY's judgment, the USER violates provisions of applicable Bulgarian law, these General Terms and Conditions, or the rights and legitimate interests of third parties. In such cases, HAPPY has the right to terminate the USER's registration, discontinue provision to the USER of the Services under item 2.3, and delete from its servers all User Content placed by the USER. The agreement with the USER shall be deemed automatically terminated as of the date on which the USER's registration is terminated.
11.4. Where HAPPY receives information providing sufficient grounds to assume that the USER's conduct when using the Services of the Website dostavki.happy.bg could constitute a criminal offence or administrative violation, HAPPY has the right, at its discretion, to refer the matter to the competent state authorities, providing them with the necessary assistance and all necessary information and materials duly requested which, in the judgment of the respective authority, could assist in identifying the perpetrator and proving the criminal offence or administrative violation committed.
11.5. In the above cases, HAPPY shall not be liable for losses suffered or loss of profit by the USER or third parties resulting from the suspension, modification or restriction of the Services, termination of the agreement, or provision of information or compliance with orders of the competent state authorities.
 

XII. INDEMNIFICATION

12.1. The USER is obliged to indemnify HAPPY and all third parties for all losses suffered and loss of profit incurred by them, including paid financial penalties, attorneys' fees and other expenses, as a result of claims brought by and/or compensation paid to third parties in connection with materials that the USER has made known to third parties or made accessible through use of the Services provided by HAPPY in violation of Bulgarian law, applicable foreign laws, these General Terms and Conditions or good morals, as well as in connection with other breaches of the USER's obligations under these General Terms and Conditions.
12.2. In addition to the above, the USER undertakes to indemnify HAPPY for all damage caused as a result of use of the Services provided by third parties to whom the USER has provided their password or secret question and answer in violation of these General Terms and Conditions.
12.3. Parents exercising parental rights, guardians or custodians of a minor shall be liable for all damage caused by that minor to HAPPY and third parties during registration and use of the Services subject to these General Terms and Conditions, as well as for all damage resulting from the provision of false data or the untruthfulness of the declaration under item 3.3.2, last sentence.
12.4. The obligations of the persons under this item 12 shall continue to have effect after termination of the agreement with the USER.
 

XIII. PERSONAL DATA PROTECTION

13.1. In order to provide the SERVICES described above, HAPPY must collect and use personal data concerning USERS. More information about the means, methods and processing of personal data can be found in HAPPY's Privacy Policy.

13.1.1. For the avoidance of doubt, we state that every processing of personal data by HAPPY is based on a legal ground.

13.1.2. The information minimally required by HAPPY to fulfil an order placed by a USER includes: first and last name, city, telephone number, delivery address, and an indication of the selected food and/or beverages. If the USER orders through the Website dostavka.happy.bg or uses the Happy Delivery Mobile Application, the USER's e-mail address is also entered.

13.1.3. When an order is placed through the call centre, as well as in cases where it is necessary for the Delivery Person to contact the CUSTOMER to clarify an address or coordinate the order, the conversation shall be recorded. For an online order, a telephone conversation may not take place and, respectively, in such case HAPPY will not process data concerning the USER's voice.

13.2. All users of the Website dostavka.happy.bg may, at their discretion, leave feedback and send a message by clicking the “Your Opinion” button, regardless of whether they are registered and have a User Profile on the Website dostavka.happy.bg or in the Happy Delivery Mobile Application.

13.3. The information by which a person may be identified when using the Website dostavka.happy.bg, where the person is not registered, includes: name, e-mail, contact telephone number and free text entered in the “your opinion” field, which may contain any information at the user's discretion. By default, HAPPY has created this option on its Website dostavka.happy.bg in order to receive USERS' opinions about its services. Personal data collected in this manner is collected solely for the purpose of communication regarding the feedback, where necessary. .
13.4. Every registered USER, through their username and password, has the right to online access to their User Profile, where they may correct and update their personal data stored by HAPPY.
13.5. HAPPY exercises due care in collecting, processing and storing USERS' personal data, in strict compliance with applicable personal data protection legislation, including, but not limited to, the Personal Data Protection Act and the General Data Protection Regulation.
13.6. HAPPY exercises due care and has implemented reasonable and adequate technical and organizational measures for the protection and non-disclosure of information about the USER that has become known to it in connection with the provision of the Services subject to these General Terms and Conditions, except where the USER has personally made that information accessible to third parties.
13.7. In the registration form completed by the USER upon conclusion of the agreement, HAPPY clearly indicates whether the provision of data is mandatory or voluntary and the consequences of refusal to provide it. By expressing agreement with these General Terms and Conditions, the USER expressly declares that they have become acquainted with and have been informed of the methods and means by which their personal data will be processed and, respectively, have not objected to information about them being processed in accordance with the procedure provided for in these General Terms and Conditions and the Privacy Policy.
13.8. HAPPY collects and uses the information under item 13.1 for the purposes provided for in these General Terms and Conditions, including offering free prizes when an order is placed with HAPPY or participating in prize-winning campaigns linked to an order. Personal data is processed for the initially specified purposes or for similar purposes, proportionate and adequate safeguards have been applied, the processing takes place in an identical context, and the consequences for data subjects are predominantly favourable. For example, USERS may be offered new services, participation in prize draws, enquiries/surveys, promotions and other similar initiatives. The USER may have provided consent for their personal data to be processed for specifically stated purposes different from the initial purposes. In all cases, processing of the USER's personal data is based on a valid legal ground in accordance with applicable law.
13.9. Where the USER has given consent to direct marketing, the USER has the right at any time to object to the processing of their personal data for that purpose by sending a written message to HAPPY at the indicated contact address or e-mail, and may also use the unsubscribe link included in every advertising e-mail. Where, for the purpose of providing the direct marketing service, HAPPY uses the assistance of other companies or persons, the USER has the right to be informed before their personal data is disclosed to third parties for the first time or used on their behalf for direct marketing purposes, and to be given the opportunity to object to such disclosure or use.
13.10. HAPPY undertakes not to edit or disclose any personal information about the USER or the USER's use of the Services and not to provide the collected information to third parties, including state authorities, commercial companies, natural persons and others, except in the following cases:
a/ this is provided for in these General Terms and Conditions, the Privacy Policy, or the USER has given their express consent upon registration or at a later time;
b/ this is necessary for the performance of a statutory obligation of HAPPY;
c/ the information is requested by state authorities or officials who, under applicable law, are authorized to request and collect such information in compliance with legally established procedures;
d/ information concerning personal data is provided to HAPPY employees or subcontractors for activities relating to its administration and use of the Services;
e/ other cases specified by law.
13.9. When the Website dostavki.happy.bg is used, HAPPY has the right automatically to store certain information that the USER's computer or other end device sends to a HAPPY server in connection with the USER's activity. The information is stored in log files on HAPPY servers and may include the USER's IP address, the date and time at which the respective page of the Website dostavki.happy.bg was visited, the time spent on it, etc. In addition, HAPPY stores the USER's IP address, as well as any other information necessary to identify the USER and reproduce the USER's electronic statement under item 3.2 or, respectively, item 3.3.1 accepting the General Terms and Conditions, for the period prescribed by law, since such information is necessary for the purpose of protecting HAPPY's legitimate interests in the event of a legal dispute.
13.11. HAPPY has the right, but not the obligation, to install cookies on the USER's computer or other end device – small text files saved by a Web Page through an Internet server on the USER's hard drive, which make it possible to retrieve information about the USER by identifying the USER and to track the USER's actions. The choice whether and which cookies are activated is made actively by the User when visiting the Website dostavka.happy.bg, as well as subsequently by making the relevant selections in the browser.
Different browsers have different menus, but the logic is similar; more information can be found in the Cookie Policy.

13.12. In forthcoming updates to the Website dostavka.happy.bg and the Happy Delivery Mobile Application, the company will integrate artificial intelligence (AI)-based functionalities that will be used for the following scope and purposes:

13.12.1. Tracking customer behaviour and providing personalized offers. Collecting information about users' actions and preferences during their interaction with the Website dostavka.happy.bg and the Happy Delivery Mobile Application in order to offer personalized items and services.

13.12.2. Other AI functionalities may be added to the Website dostavka.happy.bg and the Happy Delivery Mobile Application in the future. This includes, but is not limited to, improving the personalization of services and providing new AI-based services and functions. Where necessary, these functionalities will be reflected in the relevant documents (General Terms and Conditions, Privacy Policy, others). At present, AI is not used for financial services or payments through the Website dostavka.happy.bg or the Happy Delivery Mobile Application.

13.13. When communicating with the Chatbot on the Website dostavka.happy.bg, profiling of the USER is carried out for the purpose of providing suitable goods and services according to the USER's personal preferences. For the avoidance of doubt, we state that all Chatbots operate on this principle and carry out profiling.

13.13.1. At any time, the USER may object to any profiling and/or automated decision-making used by HAPPY by sending an e-mail or, respectively, reflecting this in the User Profile by unticking the box for use of these functions.

13.13.2. The USER may also request human intervention, in which case the USER will be redirected to the call centre. Alternatively, in the event of an objection, the USER will be able to place their order personally through the Happy Delivery Mobile Application or on the Website dostavka.happy.bg without being hindered because they objected to profiling.

13.13.3. The consequences of objecting to the use of artificial intelligence and profiling will consist of an inability to offer personalized offers and products that might more closely match the CUSTOMER's needs and will make the communication process more difficult rather than simplifying and facilitating it.

XIV. TERMINATION AND RESCISSION OF THE AGREEMENT

14.1. In addition to the cases provided for in these General Terms and Conditions, the agreement between the parties shall also be terminated upon the occurrence of any of the following circumstances:
a/ discontinuation of HAPPY's business or discontinuation of maintenance of the Website dostavki.happy.bg;
b/ mutual agreement of the parties to terminate it;
c/ other cases provided for by law.
14.2. In the event of termination of the agreement between the parties on any grounds, HAPPY has the right immediately to suspend the respective USER's access to their User Profile, terminate their registration and delete from its servers all User Content placed by the USER, subject to the requirements of applicable law. In the event of termination of the agreement, HAPPY shall not be liable for losses suffered or loss of profit by the USER or third parties resulting from suspension of the USER's access to their User Profile, termination of their registration, deletion of User Content placed by the USER from HAPPY's servers, or resulting from the provision of information or compliance with orders of the competent state authorities.
 

XV. OTHER TERMS

15.1. Written or electronic statements and messages provided for in the agreement and these General Terms and Conditions shall be deemed validly made if made in the form of a letter with return receipt, facsimile message, e-mail, clicking a virtual button on the Website dostavki.happy.bg and other similar means, insofar as the statement is technically recorded in a manner that allows it to be reproduced.
15.2. By accepting these General Terms and Conditions and entering into an agreement with each other, the parties express their consent to consider electronic statements sent between them as received upon their entry into the information system specified by the addressee, without express confirmation being necessary. Where HAPPY is the addressee of the statement, entry of the statement into the information system specified by the addressee shall be deemed to occur upon its entry into HAPPY's POP3 servers. Where the USER is the addressee of the statement, entry of the statement into the information system specified by the addressee shall be deemed to occur upon its entry into the electronic mailbox specified by the USER upon registration, located on a server within the domain addressing that mailbox.
If the USER has specified an invalid electronic mailbox, the statement shall be deemed received merely upon being sent by HAPPY, even if it was not received.
15.3. The parties agree that if any clause of these General Terms and Conditions proves invalid, this shall not result in the invalidity of the agreement, other clauses or parts thereof. The invalid clause shall be replaced by the mandatory provisions of law or established practice.
15.4. The Website dostavki.happy.bg is maintained by HAPPY using technical equipment located in the territory of the Republic of Bulgaria. HAPPY does not guarantee and shall not be liable for the availability and proper provision of the Services of the Website dostavki.happy.bg outside the territory of the Republic of Bulgaria; in particular, in populated areas where no delivery is carried out, only unpaid services may be used. If the USER uses the Services subject to these General Terms and Conditions outside the territory of the Republic of Bulgaria, the USER is solely responsible for compliance with applicable law according to the place where the Services are used.
15.5. For all matters not governed by this agreement, the provisions of the applicable legislation of the Republic of Bulgaria shall apply.
15.6. All disputes between the parties shall be resolved in a spirit of understanding and good faith. If agreement is not reached, all unresolved disputes arising from or relating to the agreement between the parties, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the agreement or its adaptation to newly arisen circumstances, shall be resolved by the court having jurisdiction under applicable Bulgarian law.

Under the applicable legal system, the sale of alcohol and cigarettes to persons under 18 years of age is prohibited. If the Delivery Person has doubts during the finalization and handover of an order, the customer is obliged to verify their age and present an identity document – for example, their identity card.
If the customer is a person under 18 years of age, alcohol or cigarettes will not be handed over and will be returned to the establishment serving the delivery area.

If a customer wishes to cancel an order placed, this may be done within 3 minutes after the order has been accepted, and the cancellation may be honoured after calling the call centre at 0700 19 000. If the customer cancels after the third minute, the customer is added to a “Blacklist” database – a list of customers whose orders will not be fulfilled.

The present General Terms and Conditions were adopted by a decision of the Sole Owner of the Capital of “HAPPINESS” EOOD dated 05.07.2010 and entered into force on 05.07.2010.

These General Terms and Conditions were last amended on 10.08.2026.