Terms of Use

Terms of Use
of "Hepines" Ltd.

GENERAL TERMS OF USE OF THE WEBSITE

This document contains the General Terms and Conditions of the contract for the use of the services provided by "HEPINES" Ltd. through the online ordering website www.dostavka.happy.bg / mobile application Happy Delivery Mobile (“General Terms”) and regulates the relationship between "HEPINES" Ltd. and each user of the website www.dostavka.happy.bg.

I. DEFINITIONS

For the purposes of interpretation and application of these General Terms, the following terms and expressions shall have the meanings set forth below:

1.1. "IP Address" means a unique identification number associating a device, internet page, or user resource in a way that enables their localization in the global Internet network.

1.2. "HEPINES" Ltd. (hereinafter "HAPPY") is a commercial company with UIC (Unified Identification Code) 103279218, having its registered office and management address at Varna, Tsar Osvoboditel Blvd. No. 25, and correspondence address at the same location, Orbita Hotel, phone: (+359) 0700 19 000, e-mail: delivery@happy.bg, which provides the services subject to these General Terms via its managed website: http://dostavka.happy.bg.

1.3. Through the website https://dostavka.happy.bg, USERS are provided the opportunity to purchase and have food delivered to an address specified by them.

1.4. "Hyperlink" means a link identified on a specific internet page that allows automated forwarding to another internet page, informational resource, or object by standardized protocols.

1.5. "Malicious Actions" means acts or omissions violating internet ethics or causing harm to persons connected to the Internet or associated networks, including but not limited to sending unsolicited mail (SPAM, JUNK MAIL), flooding channels (FLOOD), unauthorized access to resources with foreign rights and passwords, exploiting system vulnerabilities for personal gain or information gathering (HACK), acts that may be qualified as industrial espionage or sabotage, damaging or destroying systems or data arrays (CRACK), sending "trojan horses," viruses, or remote control systems, disturbing the normal operation of other Internet users and associated networks, as well as any acts that may constitute a criminal or administrative offense under Bulgarian or other applicable law.

1.6. "Web page" means a part of a website, which may be a component or a separate page.

1.7. "Information system" means a device or system of interconnected devices designed to store, send, or receive electronic documents.

1.8. "USER" has the same meaning as "Client" and means any person over 18 years old who uses any of the services and resources provided by the HAPPY DELIVERY call center and the website dostavka.happy.bg.

1.9. "User profile" means a distinct part of dostavka.happy.bg containing information about the user provided during registration and stored by dostavka.happy.bg, accessible by entering a username and password. The profile allows the user to view and edit registration data, access personal data and mailbox, change password and personal information, subscribe or unsubscribe to newsletters, etc.

1.10. "Username" means a unique code of letters and/or digits chosen by the user for identification in dostavka.happy.bg.

1.11. "Password" means a code of letters and/or digits chosen by the user that, together with the username, grants access to the personal profile in dostavka.happy.bg.

1.12. "User content" means any information, text, data, opinions, comments, and blog posts that the USER places on dostavka.happy.bg to be accessible via the website to all other USERS.

1.13. "Server" means a device or system of connected devices on which system software is installed for tasks related to storing, processing, receiving, or transmitting information.

1.14. "Website" means a designated place in the global Internet accessible via a uniform resource locator (URL) over HTTP or HTTPS protocol, containing files, programs, text, sound, images, hyperlinks, or other materials and resources.

1.15. "Blog" means a website whose content is regularly supplemented with comments, event descriptions, files, and other informational materials presented in chronological order.

1.16. "Force majeure" means an unforeseeable circumstance at the time of contract conclusion of extraordinary nature, making performance objectively impossible.

1.17. "Commercial communications" means advertising or other communications presenting, directly or indirectly, goods, services, or reputation of a person engaged in commercial or craft activities or exercising a regulated profession.

1.18. "Call center" means an organized system of technical means, software solutions, and trained HAPPY employees through which communication with customers via telephone is conducted. Its main purpose is to receive, confirm, and process orders, provide information about HAPPY’s products and services, and assist in resolving delivery, service, and customer feedback issues.

1.19. "Personal data" means any information relating to an identified or identifiable natural person (“data subject”), i.e., a person identifiable directly or indirectly by identifiers such as name, identification number, location data, online identifier, or one or more factors specific to physical, physiological, genetic, mental, economic, cultural, or social identity.

1.20. "Delivery person" means an employee of HAPPY who performs the delivery of products selected by the USER to the address indicated by the USER.

1.21. "Happy Delivery Mobile Application" means software designed for use on mobile devices (smartphones or tablets) allowing users to browse HAPPY’s menu, select dishes and drinks, place and pay for orders online, and track delivery in real time.

1.22. "HAPPY Website" means https://dostavka.happy.bg.

1.23. "Chatbot" means a software application using artificial intelligence (AI) automating communication with USERS through text messages on the website dostavka.happy.bg. The chatbot simulates human conversations, providing answers, performing tasks, or delivering information by interacting in real time and offering personalized suggestions based on user preferences, actions, and website activity.

II. SUBJECT OF THE CONTRACT

2.1. HAPPY, through the website dostavka.happy.bg, provides ONLINE the services (“Services”) specified in these General Terms to the USER, who must strictly comply with the requirements set forth herein.

2.2. Part of the Services provided via dostavka.happy.bg are accessible to all USERS without prior registration, including but not limited to: access to and use of informational resources such as news, entertainment posts, promotions, event calendars, training and seminars, catalogs with electronic links to Bulgarian and foreign sites or other content provided by dostavka.happy.bg, as well as User content published on the website.

2.3. Use of certain Services requires prior registration, creation of a User profile, and entry of username and password.

2.4. Relations between USERS and dostavka.happy.bg regarding access and use of paid services are governed by the Terms of Use for the respective paid services available on the website.

III. SCOPE. ACCEPTANCE OF THE GENERAL TERMS

3.1. These General Terms apply to USERS who have registered on dostavka.happy.bg (“registered USERS”). They also apply to USERS who have not registered (“unregistered USERS”), whose rights are limited to using the services described in clause 2.2.

3.2. The text of these General Terms is available online at dostavka.happy.bg in a manner allowing its storage and reproduction. A hyperlink to the page containing these General Terms is placed on every page of the website. By using the website’s services and resources, including opening any page or clicking any hyperlink, USERS declare they are acquainted with, agree to, and undertake to comply with these General Terms.

3.3. To use the services in clause 2.3, the USER must register by filling in the electronic registration form available online at dostavka.happy.bg.

3.3.1. During registration, by checking the box "I agree to the General Terms of dostavka.happy.bg" and clicking "Register," the USER or their parent/guardian makes an explicit electronic statement under the Electronic Document and Electronic Certification Services Act, declaring acquaintance with, acceptance of, and agreement to comply with the General Terms.

3.3.2. Upon registration, the USER gains access to all services offered. The USER must provide complete and accurate personal data in the registration form and update it promptly in case of changes. The USER guarantees the truthfulness, completeness, and accuracy of provided data.

3.3.3. If required personal data are not provided, dostavka.happy.bg may refuse registration.

3.3.4. In case of false data or failure to update changes, dostavka.happy.bg may immediately suspend or terminate service provision and registration without notice. Such termination is deemed automatic contract termination.

IV. USERNAME AND PASSWORD. USER PROFILE

4.1. Upon registration, the USER provides a username and password. If the username is not taken, the USER receives it and the password, granting access to their profile and services under clause 2.3.

4.2. The username is a unique code of letters, digits, and signs for USER identification. dostavka.happy.bg does not verify or take responsibility for any conflict of the username with third-party rights, including personal names, trademarks, or intellectual property rights.

4.3. The password is a code used with the username to access the user profile.

4.5. The USER must not disclose their password or security questions to third parties and must immediately notify dostavka.happy.bg of unauthorized or suspected unauthorized access. The USER is fully responsible for all actions performed via their credentials.

4.6. The user profile is a dedicated part of dostavka.happy.bg containing registration data stored on the server. The USER may use, configure, activate/deactivate services, manage User content, update data, change password and security questions, and terminate registration.

4.7. Access to paid services requires registration or actions per the specific paid service’s Terms of Use.

4.8. Each USER may have only one active profile. Registration under false or third-party identity is prohibited. dostavka.happy.bg may refuse registration if false or third-party data are provided.

V. CONTRACT FORMATION

5.1. The contract between parties becomes effective upon consent, evidenced as per clauses 3.2 or 3.3.1.

5.2. The contract is concluded in Bulgarian.

5.3. The contract term is:
a) For unregistered USERS – until cessation of service use under clause 2.2;
b) For registered USERS – indefinite, from registration until termination as provided herein.

VI. AMENDMENTS TO THE GENERAL TERMS

6.1. Due to service enhancements, modifications, or legal changes, HAPPY may unilaterally amend the General Terms. Amendments may occur due to changes in service nature, technology, discontinuation of certain services, or economic conditions.

6.2. Amendments are communicated by publication on dostavka.happy.bg. USERS have two weeks to review changes, after which they take effect.

6.3. Amendments apply to existing registered USERS as well. USERS may reject changes by sending notice to HAPPY within the two-week period. Failure to reject means acceptance. Rejection by a registered USER results in automatic contract termination and HAPPY’s right to immediately block access, terminate registration, and delete all User content.

VII. RIGHTS AND OBLIGATIONS OF THE USER

7.1. The USER shall provide their own necessary equipment (end devices and software) and internet access for using HAPPY’s services.

7.2. The USER has the right to online access to services provided through dostavka.happy.bg, subject to HAPPY’s terms and conditions.

7.4. The USER undertakes not to upload, store on HAPPY’s server, or make available User content that:
a) violates Bulgarian or applicable foreign laws, these Terms, internet ethics, moral and good manners;
b) contains violence (including animal cruelty), incitement to violence, humiliation of human dignity, threats to life or bodily integrity;
c) contains pornography or explicit sexual content;
d) depicts clearly identifiable victims of accidents or other serious incidents;
e) insults any religion or contains religious agitation;
f) constitutes trade or professional secrets or other confidential information;
g) infringes third-party intellectual property rights without consent;
h) infringes any property or non-property rights or lawful interests of third parties;
i) promotes discrimination based on gender, race, education, age, religion, or propagates fascist, racist, or other anti-democratic ideologies;
j) harms others’ reputation or incites violent changes to constitutional order, crimes, violence, or ethnic/racial/religious hatred;
k) contains information encouraging or facilitating terrorist activities;
l) contains information about others’ passwords or access rights without consent or software for access to such rights.

7.5. The USER undertakes:
a) not to perform malicious actions as defined herein;
b) to immediately notify HAPPY of any detected or committed violations;
c) not to impersonate another person;
d) not to use methods causing forced loading of unwanted internet content ("pop-up," "blind link," etc.).

7.6. The USER may terminate use of HAPPY’s services at any time by deactivating them via their profile or designated webpage, or by terminating registration and/or stopping use of services under clause 2.2.

From the moment of termination of the registration, and for unregistered USERS — from the moment of cessation of the use of services under clause 2.2., the contract between the parties is deemed automatically terminated, and HAPPY shall suspend the respective USER’s access to their User Profile and has the right to block access to and delete from its servers all User Content posted by them in accordance with clause 14.2 of these General Terms and Conditions. Deactivation of certain Services does not lead to termination of the contract.

7.7. The USER may access and use any content published on the website dostavka.happy.bg, including User Content, solely for personal use and non-commercial purposes, while complying with the requirements of these General Terms and Conditions.

7.8. The USER undertakes not to access or attempt to gain unauthorized access to the services provided by dostavka.happy.bg by intercepting and using others’ passwords or by any other methods; not to bypass, damage, or otherwise interfere with the normal functioning of technical or software applications of the website dostavka.happy.bg that prevent or restrict access to others’ email accounts, administrative panels, computer systems, and networks related to the services provided.

VIII. RIGHTS AND OBLIGATIONS OF HAPPY

8.1. HAPPY undertakes to exercise due care in providing the USER with the opportunity to use the Services in a normal and uninterrupted manner.
We, HAPPY DELIVERY, promise that we will be at your door with your order within the time frame announced at the time you placed your order. When placing the order, you can choose one of the following delivery options: “door delivery” (which applies to delivery to a private residence or office within a building, provided that the courier is granted access to the premises), or “building entrance delivery (with doorbell notification)”.
Food orders with a delivery address in medical facilities, as well as in buildings with restricted access for external persons, are delivered to the entrance of the respective building, and the “door delivery” option is not available for such orders.

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

In case of high workload leading to temporary difficulty for HAPPY DELIVERY to meet the indicated delivery time in the area where the USER’s delivery address is located, HAPPY DELIVERY has the right to refuse acceptance of the order, notifying the USER promptly that their order cannot be accepted.

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

8.1.1 Delivery Terms by Cities

• Sofia city — delivery fee: BGN 4.39 (€2.24)
• BGN 4.59 (€2.35) for the following areas: Simeonovo-Dragalevtsi estate, VSU Lyuben Karavelov, Vrubnitsa 2 residential area, Obelya 2 residential area, Svoboda residential area, Obelya-Vrubnitsa.
• BGN 4.79 (€2.45) for: Airport, Belovodski pat estate, Kinocenter estate, Malinova dolina estate, Gorna Banya neighborhood, Gorublyane neighborhood, Republika neighborhood, Simeonovo neighborhood, Suhodolska-Okolovrasten pat, TEC Sofia.
• BGN 5.19 (€2.65) for: Abdovitsa, Bunkera estate, Kiliite estate, Malinova dolina - Gerena estate, Kambanite residential area, Sofia Village residential area, Knyazhevo neighborhood, Malashevtsi neighborhood, Orlandovtsi neighborhood, Detski grad site, International Children’s Park (Kambanite), Metro - Slivnitsa Blvd., Vasil Levski neighborhood, Levski V neighborhood, Levski G neighborhood.
• BGN 5.59 (€2.86) for: Vrazhdebna neighborhood, Suhodol neighborhood, Filipovtsi neighborhood.
• BGN 6.19 (€3.16) for: Benkovski neighborhood, Iliantsi neighborhood.
  Orders to the following areas: Benkovski, Knyazhevo, Iliantsi, Suhodol, Vasil Levski neighborhood, Levski V, Levski G, Vrazhdebna, Voenna rampa are accepted only until 16:00.
• Delivery to Bankya city and Ivanyane village is BGN 7.59 (€3.88).
• Varna city — delivery fee: BGN 4.39 (€2.24)
• Delivery fee BGN 7.39 (€3.78) for: Zlatni Pyasatsi resort, Riviera, Kukudiva site.
• BGN 6.19 (€3.16) for: Banala cheshma site, Manastirski Rid housing estate, Alen Mak housing estate, Deli Sava housing estate.
• BGN 5.39 (€2.76) for: Balyum dere housing estate, Chaika resort.
• BGN 5.19 (€2.65) for: Malka chaika site, Varna Airport, Radiostantsiya site, Yalovi nivi site, Western Industrial Zone, Port Palace, Eco Park Varna.
• BGN 4.59 (€2.35) for: Kaisieva gradina residential area, Atanas tarla site, Golyam pyasak site, Malk pyasak site, Planova housing estate.
• BGN 4.79 (€2.45) for: Asparuhovo neighborhood, Konstantin and Elena resort, Vinitsa neighborhood.

Food packaging supplies are paid separately according to clause 8.1.3.

• Plovdiv city — delivery fee: BGN 4.39 (€2.24)
  Outside the city: Komatevo and Proslav neighborhoods — delivery fee BGN 5.59 (€2.86). No delivery is made to Stolipinovo district.

Packaging supplies are paid separately according to clause 8.1.3.

• Burgas city — delivery fee: BGN 4.39 (€2.24)
  BGN 7.99 (€4.09) for: Banevo neighborhood, Burgas Mineral Baths resort, Borovete estate.
  BGN 6.99 (€3.57) for: Dolno Ezerovo neighborhood, Gorno Ezerovo neighborhood.
  BGN 5.59 (€2.86) for: Sarafovo neighborhood, Business Park housing estate.
  BGN 5.99 (€3.06) for: Lozovo neighborhood.
  BGN 5.39 (€2.76) for: Meden Rudnik residential area.

Packaging supplies are paid separately according to clause 8.1.3.

• Ruse city — delivery fee: BGN 4.39 (€2.24)
  BGN 6.49 (€3.32) for Industrial Zone.

Packaging supplies are paid separately according to clause 8.1.3.

• Sandanski city — delivery fee: BGN 4.39 (€2.24)
  Belevchevo village, Leshnitsa village, Novo Delchevo village, Polenitsa village — BGN 4.39 (€2.24)
  Sklave village, Djigurvo village, Valkovo village, Struma village, Ribnik village, Kresna city — BGN 5.19 (€2.65)

Packaging supplies are paid separately according to clause 8.1.3.

• Petrich city — delivery fee per order: BGN 5.19 (€2.65)
  Parvomay village, Rupite village, Marikostinovo village, Kavrakirovo village, Rzhdak village, Starchevo village — BGN 5.19 (€2.65), Mihnevo village — BGN 5.19 (€2.65), Kulata village — BGN 5.19 (€2.65)

Packaging supplies are paid separately according to clause 8.1.3.

8.1.2 Minimum Order Value

Minimum order value for Happy and Burata chains is BGN 16.99 (€8.69), excluding delivery fee.

Minimum order value for Captain Cook chain is BGN 19.99 (€10.22), excluding delivery fee.

All prices listed in the menu published on dostavka.happy.bg and in these Terms and Conditions are in Bulgarian leva and euro (€). The official exchange rate used in calculations is €1 = BGN 1.95583. When converting to euros, the applicable rounding rules are observed, so minor differences in totals may occur. Until the introduction of the euro as legal tender in Bulgaria, payments for goods and services are made exclusively in leva.

8.1.3 Consumables

For each ordered main portion, one free set of cutlery and one free box are provided. For sushi orders, one free set of sushi chopsticks is provided; if additional cutlery or chopsticks are desired, they must be paid for. A set of cutlery (fork, knife, and spoon) costs BGN 0.20 (€0.10); a set of sushi chopsticks costs BGN 0.10 (€0.05). If a separate box is requested by the client, the additional consumable costs BGN 0.49 (€0.25).

For the paper packaging in which the order is delivered, a fee of BGN 0.15 (€0.08) is charged.

In accordance with the standards of the Provider's activity, more than one paper package may be used per order, depending on the type and number of items.

Changes to these Terms and Conditions are made in compliance with Directive (EU) 2019/904 of the European Parliament and Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155, 12.06.2019) and Ordinance No. 354/26.10.2021 adopted in this regard.

8.1.4 HAPPY DELIVERY guarantees the taste and quality of the delivered food for 2 (two) hours from the moment of delivery. Therefore, HAPPY DELIVERY recommends consuming the delivered food within the specified time. After this period, HAPPY DELIVERY is not responsible for taste or quality.

8.1.5 In case of discrepancies between your order and the delivered products in quantity or quality, you have the right to file a complaint under the Consumer Protection Act. Complaints must be reported within 60 minutes from delivery by calling the national Order Acceptance Center at 0700 19000. Notifications submitted after this period will not oblige HAPPY DELIVERY to follow the complaint acceptance policy.

Calls to 0700 19000 are charged at the price of a local call as per the user’s telecom tariff plan.

8.1.6 In case of a justified complaint, you may choose one of the following resolutions depending on the situation and nature of the problem:

• If the product is pizza, main dish, salad, burger, tortilla, kids menu, dessert, grill, appetizer, sauce, sushi additive, garnish, drink, or bread, we will replace it as soon as possible on the same day or issue a voucher equivalent to the value of the incorrect product for use on a future order.
  The voucher cannot be combined with other discounts.
  The voucher can be used for payment of all or part of the next order.
  The voucher is valid for one-time use within one month (30 calendar days) after receipt.

8.1.7 In all cases of incorrect order fulfillment except missing item/product, your complaint will be accepted only if you return at least two-thirds of the delivered product to the provider. If the client has discarded the product or returns less than two-thirds, HAPPY DELIVERY assumes no compensation responsibility.

8.1.8 Time guarantees do not apply to all orders. Orders over BGN 100 require more preparation time, thus delivery time may be extended. Customers will be informed promptly during or after placing the order.

8.1.9 This complaint policy does not apply in case of force majeure events, including adverse weather conditions.

8.2. HAPPY is not obligated and not able to control how the USER uses the provided Services and is not responsible for the USER’s purposes, activities, or the nature of User Content. HAPPY is not obliged to monitor information stored on its servers or made available through the Services nor to seek facts or circumstances indicating unlawful activity by the USER.

8.3. In compliance with Bulgarian law, HAPPY stores informational materials and resources posted by USERS on the dostavka.happy.bg server and may provide them to competent authorities when necessary to protect HAPPY’s or third parties’ rights, interests, and security, or upon lawful request by authorities.

8.4. If the USER’s profile is unused for 60 days after registration or 120 days after last use, HAPPY may suspend access without notice, terminate registration, and delete all User Content from its servers. From registration termination, the contract is automatically terminated.

8.5. HAPPY has the right to place on any page of dostavka.happy.bg, including User Profiles, electronic links, advertising banners, and other promotional materials for goods and services offered by HAPPY or third parties, including links to external sites outside HAPPY’s control. HAPPY is not responsible for the content, accuracy, or legality of such external sites or resources.

8.6. Upon USER activation of advertising space for blogs, HAPPY may, but is not obliged to, place advertising materials. If placed, HAPPY will share a percentage of the received advertising revenue with the USER.

8.7. HAPPY may send commercial messages to USERS to offer information and advertisements regarding its own or other companies’ goods/services, conduct surveys, inquiries, etc.

8.8. HAPPY may, without warning, block access to or remove User Content if it violates these Terms.

8.10. HAPPY may, without warning, suspend or restrict temporarily USER access to Services or to their User Content if it believes or is informed that the USER uses Services contrary to Bulgarian law, these Terms, good morals, or other applicable rules.

8.11. HAPPY reserves the right to suspend provision of specific Services on dostavka.happy.bg temporarily or permanently, notifying USERS via site messages or User Profiles.

8.12. USERS can place orders by phone (call center: 0700 19000), website https://dostavka.happy.bg, or Happy Delivery Mobile app and pick up their prepared orders from the chosen restaurant.

8.12.1 For quality assurance, control, and legal protection, all phone calls between customers and the call center or delivery personnel are recorded.

8.12.2 By accepting these Terms, the client agrees to the recording of calls, regardless of communication channel, including website and mobile app orders.

8.12.3 Subsequent calls related to existing orders will not require additional recording notifications.

8.12.4 Details on data protection related to call recordings are in HAPPY’s Privacy Policy.

8.12.5 Customers unwilling to have calls recorded should end the call and use other communication channels without recordings. Refusal to speak on phone risks service failure due to inability to find delivery address or contact customer. All order costs, including delivery, remain the CUSTOMER’s responsibility, who is deemed informed by these Terms.

8.13. The USER receives a 10% discount when picking up orders from the restaurant and paying in cash or by POS terminal.

8.14. The discounts in 8.13 cannot be combined with other discounts or promotions. If multiple promo codes or vouchers apply, the system will apply the highest discount; the USER can choose which one to use.

8.15. The "PICK UP" service has no minimum order value requirement.

8.16. The USER can select “now” or a later time for order preparation. “Now” means approximately 25 minutes preparation, subject to restaurant workload. The USER is informed about estimated preparation time and may confirm or cancel the order.

8.17. The USER must pick up the order within the expected preparation time. If delayed over 15 minutes, HAPPY may contact the USER to inquire. If delayed over 60 minutes, HAPPY may cancel the order.

8.18. Clauses 8.1.3 to 8.1.7 apply also to “PICK UP” orders.

8.19. HAPPY may require online prepayment for orders scheduled for a specific time or future date or in other cases at its discretion.

IX. INTELLECTUAL PROPERTY

9.1. By posting User Content of any form on dostavka.happy.bg, the USER grants HAPPY a non-exclusive right to use, record, store, publicly distribute online, including providing unlimited access to any number of persons worldwide, without compensation or territorial limits, for the duration the content is on HAPPY’s server and a reasonable period after its removal.

9.2. The USER has access to copyrighted or intellectual property content belonging to HAPPY, other USERS, or third parties, only for personal use according to these Terms. The USER may not use, reproduce, adapt, or publicly distribute such content except for minor personal use, without harming legal interests of rights holders, and only if consented to or provided by the USER. The USER may not remove trademarks or other intellectual property marks from available materials.

9.4. Intellectual property rights on all materials, databases, and resources on dostavka.happy.bg outside User Content belong to HAPPY or licensors and are protected by copyright and trademark laws. Unauthorized use is prohibited.

9.5. If the USER believes their intellectual property rights have been infringed by another USER, they must notify HAPPY in writing at the address in these Terms or by email, specifying the material, infringing parties, grounds for rights, and contact details. HAPPY may act according to clause 11.1.

H. LIABILITY. LIMITATION OF LIABILITY

10.1. HAPPY takes care to provide the USER with the possibility to normally use the Services, but since their provision is free of charge, it does not have the obligation and does not guarantee that they will meet the USER’s requirements, nor that they will be continuous, timely, or reliable. By accepting these General Terms and Conditions, the USER declares that the use of the provided Services will be entirely at their own risk and responsibility, and the parties agree that HAPPY shall not be liable for any damages that may be caused to the USER when using the provided Services.

10.3. HAPPY is not responsible for the availability and quality of goods and the content of services brought to the USER’s attention through the publication on the Website dostavka.happy.bg of electronic links, advertising banners, and messages for the sale of goods and provision of services by third parties and/or through attachment of such to the text of commercial messages sent to the email address provided by the USER during registration or generated during registration. Since the actions of these third parties are not under the control of HAPPY, it shall not be liable for the unlawful nature of the activities of these third parties or for the occurrence, guarantee, execution, modification, and termination of obligations and commitments undertaken in connection with goods and services offered by the third parties, nor for any damages or lost profits arising from these relationships.

10.4. HAPPY is not responsible for failure to provide Services due to circumstances beyond its control – in cases of force majeure, accidental events, problems with the global Internet network and in the provision of services outside the control of HAPPY, problems caused by the USER’s equipment, as well as in cases of unauthorized access or interference by third parties in the functioning of HAPPY’s information system or servers.

10.5. HAPPY is not liable for damages caused to the USER’s software, hardware, or devices, or for loss of data arising from materials or resources searched for, downloaded, or used in any way through the provided Services.

10.6. HAPPY is not responsible towards the USER or third parties for damages and lost profits resulting from termination, suspension, modification, or limitation of any of the Services, deletion, return, non-receipt, modification, loss, unreliability, inaccuracy, or incompleteness of items, messages, materials, or information used, recorded, or made accessible via the Website dostavka.happy.bg.

10.7. The parties agree that HAPPY is not liable for the non-provision or degraded quality of the Services due to tests conducted by HAPPY aimed at checking equipment, connections, networks, and others, as well as tests aimed at improving or optimizing the provided Services. In such cases, HAPPY shall notify the USER in advance of possible temporary unavailability or degraded quality of the Services.

10.8. By accepting these General Terms and Conditions, the USER declares that they acknowledge the possibility of interruptions and other difficulties in accessing the Internet connection to the Website dostavka.happy.bg, which may occur regardless of the care taken by HAPPY. The USER declares that they will not claim any compensation from HAPPY for lost profits, suffered damages, or inconveniences due to such interruptions or difficulties in the Internet connection, including with respect to the capacity of this connection.

10.9. HAPPY is not liable and does not owe compensation to any person whose personal data has been used by another person for the use of the Services provided by HAPPY, regardless of whether consent was given or not.

XI. RIGHTS OF HAPPY IN CASE OF USER’S BREACH OF OBLIGATIONS

11.1. HAPPY has the right to stop, limit, or change the Services provided to the USER, as well as to notify the competent state authorities if the USER, at the discretion of HAPPY, violates provisions of the applicable Bulgarian legislation, these General Terms and Conditions, or the rights and lawful interests of third parties, and at any time and without prior notice to block access to any content placed on the Website dostavki.happy.bg by the USER, which it considers or receives information from third parties to be contrary to applicable Bulgarian legislation, these General Terms and Conditions, or their or third parties’ rights and lawful 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 regarding User Content, HAPPY has the right, without prior notice, to block access to such User Content or to take other actions in accordance with the received order.

11.3. HAPPY has the right, without notice, to deactivate the password for access to the USER’s profile if HAPPY determines that the USER violates applicable Bulgarian legislation, these General Terms and Conditions, or the rights and lawful interests of third parties. In such cases, HAPPY has the right to terminate the USER’s registration, suspend the provision of Services under clause 2.3., and delete from its servers all User Content placed by the USER. The contract with the USER shall be deemed automatically terminated from the date of termination of the registration.

11.4. When receiving information giving reasonable grounds to believe that the USER’s conduct in using the Services on the Website dostavki.happy.bg may constitute a criminal or administrative offense, HAPPY has the right, at its discretion, to notify the competent state authorities, providing all necessary assistance and required information and materials, as requested, which may help identify the perpetrator and prove the offense.

11.5. In the above cases, HAPPY shall not be liable for damages and lost profits suffered by the USER or third parties resulting from the suspension, modification, or limitation of Services, termination of the contract, or provision of information or compliance with orders of competent state authorities.

XII. INDEMNITIES

12.1. The USER shall indemnify HAPPY and all third parties for all damages and lost profits suffered by them, including paid financial penalties, attorney’s fees, and other expenses, resulting from claims made by and/or compensation paid to third parties in connection with materials the USER has made available to third parties or made accessible through the use of the Services provided by HAPPY in violation of Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, or good morals, as well as for other breaches of the USER’s obligations under these General Terms and Conditions.

12.2. Additionally, the USER undertakes to indemnify HAPPY for all damages caused by the use of the provided Services 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 are responsible for all damages caused by such minor to HAPPY and third parties in connection with registration and use of the Services subject to these General Terms and Conditions, as well as for damages resulting from providing false data or untruthfulness of the declaration under clause 3.3.2, last sentence.

12.4. The obligations of the persons under this clause 12 shall continue after termination of the contract with the USER.

XIII. PERSONAL DATA PROTECTION

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

13.1.1. For avoidance of doubt, any processing of personal data by HAPPY is based on legal grounds.

13.1.2. The information minimally necessary for HAPPY to fulfill an order made by the USER includes: first and last name, city, phone number, delivery address, indication of the chosen food and/or drinks. If the USER orders through the Website dostavka.happy.bg or uses the Happy Delivery Mobile app, the USER’s email address is also entered.

13.1.3. When ordering through the call center, as well as when the delivery person needs to contact the CLIENT to clarify the address or coordinate the order, the conversation will be recorded. For online orders, telephone conversation may not occur; in such cases, HAPPY will not process the USER’s voice data.

13.2. All users of the Website dostavka.happy.bg can voluntarily leave feedback and send messages by clicking the "Your Opinion" button, regardless of whether they have a registration and user profile on the Website dostavka.happy.bg or the Happy Delivery Mobile app.

13.3. Information by which a person can be identified when using the Website dostavka.happy.bg without registration includes: name, email, contact phone, and free text entered in the "your opinion" field, which may contain arbitrary information at the user’s discretion. By default, HAPPY has created this opportunity on its Website to receive USER feedback about its services. Such collected personal data is used solely for communication regarding the feedback, if necessary.

13.4. Each registered USER, through their username and password, has online access to their profile where they can correct and update their personal data stored by HAPPY.

13.5. HAPPY takes due care in collecting, processing, and storing USERS’ personal data, strictly adhering to applicable personal data protection legislation, including but not limited to the Personal Data Protection Act and the General Data Protection Regulation (GDPR).

13.6. HAPPY takes due care by implementing reasonable and adequate technical and organizational measures to protect and prevent the dissemination of USER information that becomes known in connection with the provision of the Services under these General Terms and Conditions, except where the USER has made such information available to third parties themselves.

13.7. In the registration form completed by the USER upon conclusion of the contract, HAPPY clearly indicates the mandatory or voluntary nature of data provision and the consequences of refusal. By agreeing to these General Terms and Conditions, the USER explicitly declares that they have been informed about the ways and means by which their personal data will be processed and have not objected to the processing under the terms of these General Terms and Conditions and the Privacy Policy.

13.8. HAPPY collects and uses information under clause 13.1 for the purposes provided in these General Terms and Conditions, including offering free prizes for orders placed with HAPPY or participation in prize-winning campaigns related to orders. Personal data is processed for the initially specified purposes or similar ones, with proportional and adequate protective measures applied; processing is carried out in an identical context, and consequences for data subjects are predominantly beneficial. For example, USERS may be offered new services, participation in raffles, surveys, promotions, and other similar initiatives. The USER may have given consent for their personal data to be processed for specific purposes different from the initial ones. In all cases, the processing of the USER’s personal data is based on valid legal grounds in accordance with applicable law.

13.9. If consent for direct marketing has been given, the USER has the right to object at any time to the processing of their personal data for this purpose by sending a written notice to HAPPY at the specified address or email, as well as by using the unsubscribe link in every marketing email. If HAPPY uses other companies or persons to assist in direct marketing, the USER has the right to be informed before their personal data is disclosed for the first time to third parties or used on their behalf for direct marketing, with 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 their use of the Services and not to provide collected information to third parties, including government authorities, commercial companies, individuals, and others, except in the following cases:
a) as provided in these General Terms and Conditions, the Privacy Policy, or the USER has given explicit consent at registration or later;
b) necessary to fulfill a legally established obligation of HAPPY;
c) information is requested by government authorities or officials empowered by law to require and collect such information under legally prescribed procedures;
d) information regarding personal data is provided to HAPPY’s employees or subcontractors for activities related to administration and use of the Services;
e) other cases specified by law.

13.9 (second occurrence). When using the Website dostavki.happy.bg, HAPPY has the right to automatically store certain information that the USER’s computer or other device sends to HAPPY’s server concerning the USER’s activity. The information is stored in log files on HAPPY’s servers and may include the USER’s IP address, date and time of visit to a page on the Website, time spent on it, and others. Additionally, HAPPY stores the USER’s IP address and any other information necessary to identify the USER and reproduce their electronic declaration under clauses 3.2 and 3.3.1 for acceptance of the General Terms and Conditions, for the legally established period, as this information is necessary to protect HAPPY’s legitimate interests in case of a legal dispute.

13.11. HAPPY has the right, but not the obligation, to install cookies—small text files saved by a web page via an Internet server on the USER’s hard drive, which allow information recovery identifying the USER and tracking their actions. The choice of whether and which cookies to activate is made actively by the USER upon visiting the Website dostavka.happy.bg, as well as later through browser settings. Different browsers have different menus but similar logic; more information is available in the Cookie Policy.

13.12. In upcoming updates of the Website dostavka.happy.bg and the Happy Delivery Mobile app, the company will integrate artificial intelligence (AI)-based functionalities used for the following scope and purposes:

13.12.1. Tracking customer behavior and providing personalized offers. Collecting information about users’ actions and preferences during interaction with the Website and the Mobile app to offer personalized products and services.

13.12.2. Other AI functionalities may be added in the future, including but not limited to improving service personalization, providing new AI-based services and functions. These functionalities will be reflected in relevant documents (Terms and Conditions, Privacy Policy, others) as needed. Currently, AI is not used for financial services or payments through the Website or Mobile app.

13.13. Communication with the Website’s Chatbot involves profiling the USER to provide appropriate goods and services according to their personal preferences. For avoidance of doubt, all Chatbots operate on this principle and perform profiling.

13.13.1. The USER can object at any time to profiling and/or automated decision-making used by HAPPY by sending an email or deselecting the option in their user profile.

13.13.2. The USER can request human intervention, in which case they will be redirected to the call center. Alternatively, upon objection, the USER can place orders personally via the Mobile app or Website without being hindered due to objection to profiling.

13.13.3. The consequence of objecting to AI use and profiling will be the inability to offer personalized offers and products that may better match the CLIENT’s needs and will complicate rather than simplify communication.

XIV. TERMINATION AND CANCELLATION OF THE CONTRACT

14.1. Apart from the cases provided in these General Terms and Conditions, the contract between the parties shall be terminated upon the occurrence of any of the following circumstances:
a) cessation of HAPPY’s operations or termination of maintenance of the Website dostavki.happy.bg;
b) mutual consent of the parties to terminate;
c) other cases provided by law.

14.2. In case of contract termination on any grounds, HAPPY has the right to immediately block the USER’s access to their profile, terminate their registration, and delete all User Content placed by them from its servers, in compliance with applicable law. HAPPY shall not be liable for damages or lost profits of the USER or third parties resulting from blocking access, termination of registration, deletion of User Content, or provision of information or compliance with orders of competent state authorities.

XV. MISCELLANEOUS

15.1. Written or electronic statements and messages provided for in the contract and these General Terms and Conditions shall be deemed validly made if they are in the form of a letter with acknowledgment of receipt, fax message, email, clicking a virtual button on the Website dostavki.happy.bg, or similar, as long as the statement is recorded technically in a way that allows reproduction.

15.2. By accepting these General Terms and concluding a contract, the parties agree to consider electronic statements between them as received upon entry into the recipient’s information system, without the need for explicit confirmation. When HAPPY is the recipient, receipt is considered upon arrival at HAPPY’s POP3 servers. When the USER is the recipient, receipt is considered upon arrival at the email specified during registration, located on a server within the corresponding domain. If the USER provided an invalid email, the statement shall be considered received upon sending by HAPPY, even if not actually received.

15.3. The parties agree that if any clause in these General Terms is found invalid, this shall not invalidate the contract, other clauses, or parts thereof. The invalid clause shall be replaced by mandatory legal provisions or established practice.

15.4. The Website dostavki.happy.bg is maintained by HAPPY through technical equipment located in the territory of the Republic of Bulgaria. HAPPY does not guarantee or bear responsibility for the accessibility and proper provision of Services outside the territory of Bulgaria. Particularly, in locations where delivery is not performed, only unpaid services may be used. If the USER uses the Services outside Bulgaria, the USER is solely responsible for complying with applicable laws at the place of service use.

15.5. For all matters not regulated by this contract, the provisions of the applicable law of the Republic of Bulgaria shall apply.

15.6. All disputes between the parties shall be resolved amicably and in good faith. If no agreement is reached, all unresolved disputes arising from or relating to the contract, including interpretation, invalidity, execution, termination, filling gaps, or adaptation to new circumstances, shall be resolved by a competent court under Bulgarian law.

Alcohol and Tobacco Sales Notice

According to applicable law, the sale of alcohol and cigarettes is prohibited to persons under 18 years of age. If the delivery person suspects during finalization and handover of the order, the client is obliged to verify their identity by showing an identity document, e.g., ID card. If the client is under 18, alcohol or cigarettes will not be delivered and will be returned to the establishment serving the delivery area.

Order Cancellation

If a client wishes to cancel an order, this can be done within 3 minutes after acceptance of the order, and the cancellation may be approved after calling the call center at 0700 19 000. Cancellation after the 3rd minute results in the client being added to a "Blacklist" — a list of clients whose orders will not be fulfilled.

These General Terms and Conditions were adopted by decision of the Management Board of "HAPPINESS" Ltd. on 05.07.2010 and come into force on 05.07.2010.

These General Terms and Conditions were amended on 22.07.2025.