This document contains the general conditions of the Use of Services Contract regarding the services provided by "HAPPINESS” Ltd. through the website for online orders"www.dostavka.happy.bg "("Terms") and defines the relations between HAPPINESS Ltd. and each of the users of the website www.dostavka.happy.bg.
In the interpretation and application of these Terms and Conditions, the terms and expressions used have following meaning:
1.1. "IP Address" ("IP address") is a unique ID number, associating a device, Internet site or user’s resource in a way that allows their localization in the Internet.
1.2. "HAPPINES” Ltd. (hereinafter referred to as HAPPY), is a company with UIC: 103279218, with registered office: Varna, 25 Roza Street, and mailing address: Varna, 25 Tsar Osvoboditel Blvd, "Orbita" hotel, tel: (+359 52) 0700 19 000, e-mail: email@example.com, which provides services under these Terms of Service, administered through the website: http://dostavka.happy.bg.
1.3. dostavka.happy.bg / dostavkа.happy.bg website is a website through which consumers are offered purchase and delivery of food to their designated address.
1.4. "E-link" is a link labeled in a website that allows automatic referral to another website, information resource or object using standardized protocols.
1.5. "Malicious acts" are acts or omissions in violation of netiquette or causing injury to persons connected to the Internet and associated networks, including but not limited to sending unsolicited mail (SPAM, JUNK MAIL), channel flooding (FLOOD), obtaining access to resources with foreign rights and passwords, using flaws in the systems for personal benefit or to obtain information (HACK), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or data sets ( CRACK), sending a Trojan horse or virus causing installation or remote control systems, disturbing the normal operation of other users of the Internet and associated networks, and performing any action that may be classified as a crime or administrative violation under the Bulgarian or other applicable law.
1.6. "Website" is part of the website, which may be integral or separate.
1.7. "Information system" means a device or system of connected devices, some or any of which is designed to store, send or receive electronic documents.
1.8. "USER" is any person who has 18 years and who uses any of the services and resources provided through the website dostavka.happy.bg or the callcenter of Happy Delivery.
1.9. "Profile" is a separate part of dostavki.happy.bg, containing user information provided by themselves upon registration and stored by dostavki.happy.bg, whereas access to the profile is possible by entering a user name and password. The profile allows the user to examine and edit the data entered during registration, to have access their personal mail box, to change their access password, to subscribe or unsubscribe, to receive newsletters and more.
1.10. "Username" is a unique, selected by the user code of letters and/or numbers by which he/she is individualized in dostavki.happy.bg.
1.11. "Password" is a selected by the user code of letters and/or numbers, which together with the username individualize the latter.
1.12. "User Content" means any data, information, text, opinions, comments and blogs that the user has at dostavki.happy.bg, which are made accessible to all other users through the website dostavka.happy.bg.
1.13. "Server" is a device or system of connected devices, where there is installed system software for performing tasks related to the storage, processing, receiving or sending information.
1.14. "Website" is a special place in the global Internet network, accessible through its unique address (URL) protocol HTTP or HTTPS and containing files, programs, text, sound, pictures, images, electronic links or other materials and resources.
1.15. "Blog" is a website whose content is supplemented by regular reviews, descriptions of events, files and other material presented in chronological order.
1.16. "Accident" was unforeseen at the time of the contract circumstance of extraordinary nature, which makes its execution objectively impossible.
1.17. "Commercial communications" are advertising or other kinds of messages, representing directly or indirectly the goods, services or reputation of a person with a trade or craftsman activity, or a person exercising a regulated profession.
II. SUBJECT OF THE CONTRACT
2.1. HAPPY, through its website dostavka.happy.bg, provides the user the services (“Services”) in on-line regime, provided in the Terms, in strict compliance by the latter with the requirements defined in the Terms and conditions.
2.2. Some of the services of the website dostavka.happy.bg is provided to all consumers without the need for prior registration. These include, but are not limited to: access and use, subject to the rules of these Terms and conditions, of various information resources available through the website dostavki.happy.bg - news, entertainment publications, promotions, calendar information about upcoming events, trainings 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 posted on the website dostavka.happy.bg;
2.3. Using part of the website dostavki.happy.bg services is possible only after registration, creation of user profile and entering of your username and password.
2.4. The relationship between consumers and dostavka.happy.bg in connection with the supply, implementation of access and use of paid services via the website www.dostavka.happy.bg is subject to the rules described in the General Terms and Conditions of the relevant paid services available through the website dostavki.happy.bg.
III. SCOPE OF ACTION. ACCEPTANCE OF TERMS AND CONDITIONS
3.1. These Terms apply to the relations with consumers who have registered on the website dostavkа.happy.bg ("Registered User"). The present Terms apply also in the relations with users who have not registered on the website dostavkа.happy.bg ("Unregistered Users”), whereas their rights are limited to using of the services described in Section 2.2.
3.2. The text of these Terms is available on the Internet website http://dostavkа.happy.bg in a way that allows its storage and playback. Electronic link to the website containing the text of these Terms, is located on every page of the website dostavki.happy.bg. With each use of the services and resources on the website dostavkа.happy.bg, including opening the web page of the website dostavkа.happy.bg, and by pressing an electronic link from the home page (home) or any other internet website from the website dostavkа.happy.bg, the CONSUMERS declare that they are aware of these Terms, agree with them and undertake to comply with them.
3.3. To use the services in Section 2.3. of these Terms, the user needs to pre-register by filling out the electronic registration form, available in real time (on-line) in the Internet site http://dostavkа.happy.bg.
3.3.1 In the process of registration, by ticking the box "I agree with the Terms of dostavka.happy.bg” and pressing the virtual button" Register ", the user, respectively the parent or guardian of the user, makes an explicit electronic statement under the Electronic Document and Electronic Signature Act, which declares that he/she is aware of these Terms, accepts them, agrees with them and undertakes to comply with them.
3.3.2 Upon their registration, the User gets access to all services offered by dostavka.happy.bg. When completing the registration form the USER must provide complete and accurate data regarding their identity, respectively, the personality of the user, and other provisions required by the electronic form of dostavkа.happy.bg data and update them immediately if any alteration. The USER declares that the data provided in the registration process are true, complete and correct, and will update them in due time if/whenever any changes occur.
3.3.3 In the case of non-granting of personal data required in the registration form, dostavka.happy.bg has the right to refuse registration.
3.3.4 In case of providing false data or non-updating of the changes, dostavkа.happy.bg may terminate or suspend immediately and without prior notice the provision of services and the maintenance of their registration. In this case, the termination of the provision of services shall be deemed to automatically terminate the contract.
IV. USERNAME AND PASSWORD. USER’S PROFILE
4.1. Upon registration, the user indicates a user name and a password. If the username is not already taken, the user receives the username and password that they requested. Through these user gets access to their profile, and the opportunity to use the Services under Section 2.3.
4.2. The username is a unique code of letters, numbers and symbols through which theUSER identifies theirself when using the services under Section 2.3. dostavka.happy.bg does not verify and is not responsible for the match of the username with the name of the user, whether it affects the rights of third parties and in particular the right to have a name or other personal rights, trade name (company name) rights, trademark rights or other intellectual property rights.
4.3. The password is a code of letters, numbers and symbols, which together with the username are used to access a particular user profile.
4.5. The USER shall not divulge to any third party their password or secret question and answer and shall notify immediately dostavki.happy.bg in the event of unauthorized access as well as the likelihood of such. The USER is obliged to take full care and take necessary measures, which are reasonably necessary, in order to protect their password and secret question and answer and is fully responsible for all actions performed by him or a third party when using them.
4.6. The User’s profile is a distinct part of the website dostavka.happy.bg, containing information on registered USERS provided in the registration process and stored on the servers of dostavka.happy.bg. Through their profile the USERS may use, set, activate or deactivate the use of various services under Section 2.3. of dostavki.happy.bg, to manage the User’s Contents uploaded by him on the server dostavka.happy.bg, to update information provided at their registration, change their password and secret question and answer, terminate their registration at dostavka.happy.bg etc..
4.8. Each user can have only one active User’s profile. Registration under a fake or assumed name (identity) is prohibited. dostavka.happy.bg may refuse the registration of a person about whom there is information to have used false or someone else’s data.
V. CONCLUSION OF THE CONTRACT
5.1. The contract between the parties shall take effect upon the agreement, objectified in the manner set out in Sections 3.2 or 3.3.1.
5.2. The contract is concluded in Bulgarian.
5.3. The contract shall have effect:
a) for unregistered USERS – until cessation of the use of the Services under Section 2.2;.
b) for registered USERS - for an indefinite period of time from the USER’s registration until the termination of the contract in the manner provided in the present Terms.
VI. CHANGES IN THE TERMS AND CONDITIONS
6.1. In order to periodically supplement and modify the Services, their improvement and expansion, and in relation to possible legislative changes that affect them, the Terms may be changed unilaterally by HAPPY. Such a change may take place also at a change of the type, nature or technology of the Services provided, upon cessation of the provision of certain Services, as well as changes in the economic conditions.
6.2. When changes are made in the Terms and Conditions, HAPPY announces them to the USERS through publication on the Website dostavka.happy.bg. HAPPY provides two weeks period for the USERS to become familiar with the changes in the Terms and Conditions before they take action.
6.3. These Terms, as well as any future amendments thereof, shall apply to existing registered USERS to the date of their activation. In the period set under Section 6.2., they have the opportunity to reject the changes by sending a message to HAPPY. In the event that a statement rejecting the change is not received by HAPPY, it will be considered that the USER is bound by them. A registered USER’s statement that they do not agree with the changes in the Terms will result in automatic termination of the contract for use of the services provided through the Website dostavka.happy.bg between the USER and HAPPY, whereas HAPPY is entitled to immediately stop the USER’s access to their profile, to terminate their registration and delete all User’s Contents, placed on the servers.
VII. RIGHTS AND OBLIGATIONS OF THE USER
7.1. The USER provides the requisite (terminal devices for Internet access and related software applications for use of the services provided by HAPPY and Internet access.
7.2. The USER is entitled to access in on-line regime to the services provided through the Website dostavki.happy.bg, subject to the conditions and access requirements set by HAPPY.
7.4. The USER undertakes when using the services provided by HAPPY, not to load, place on the HAPPY server and not to disclose in any way whatsoever to a third party User’s Content - information, data, text messages and any other materials or electronic links to materials:
a. contradicting the Bulgarian legislation, applicable foreign laws, the present Terms and Conditions, Internet ethics, rules of morality and decency;
b. containing violence (including violence against animals), agitation for violence, humiliation of human dignity, threats to life and human inviolability;
c. with pornographic or sexually explicit content;
d. containing distinct bodies of victims of car accidents and other serious incidents;
e. insulting a religion or containing religious propaganda;
f. trade or business secrets or other confidential information;
g. subject to intellectual property rights of third parties, except with the consent of the holder of the right;
h. violating any material or moral rights or legitimate interests of third parties;
i. propagandizing discrimination based on sex, race, education, age and religion or preaching fascist, racist or other anti-democratic ideology;
j. undermining the reputation of others, calling for a forcible change of constitutional order, for committing a crime, for violence or the incitement of racial, ethnic or religious hatred;
k. containing information, inciting or facilitating terrorist activities;
l. containing information about somebody else's passwords or access rights without the consent of their holder, as well as software to access those passwords or rights;
7.5. The USER undertakes when using the services provided by HAPPY:
a. not to perform malicious actions under the present Terms and Conditions;
b. to notify HAPPY immediately in case of infringement committed while using the services provided;
c. not to use other person’s identity;
e. not to use methods leading to a forced downloading of unwanted by the users Internet content ("pop-up", "blind link" and the like).
7.6. The USER is entitled at any time in their sole discretion to terminate their use of services provided by HAPPY by disabling them from their User’s profile or another designated website, or terminate their registration on the Website dostavka.happy.bg, respectively, discontinues the use of services under Section 2.2. From the moment of cancellation of the registration, and for unregistered USERS - from the time of cessation of the use of the services under Section 2.2., the contract between the parties shall be deemed automatically terminated and HAPPY stops the USER’s access to the User’s profile and may stop access to and delete from its servers all User Contents in accordance with Section 14.2. of the present Terms. Elimination of the provision of certain services does not lead to termination of the contract.
7.7. The USER can access and use any content posted on the Website dostavka.happy.bg, including User Content, only for personal use for non-commercial purposes and in compliance with the requirements of the present Terms.
7.8. The USER undertakes not to carry out and not to try to acquire unauthorized access to services provided by dostavka.happy.bg through interception and use of somebody else’s passwords or by any other methods, not to circumvent, damage or disturb in any way the normal operation of technical or software applications of the Website dostavka.happy.bg, which prevent or restrict access to other people’s mailboxes, office panels, computer systems and networks, related to the services provided.
VIII. RIGHTS AND OBLIGATIONS OF HAPPY
8.1. HAPPY assure you that the delivery will be on your address in 75 min.
In case of high workload resulting in a temporary difficulty for HAPPY DELIVERY to observe the specified delivery time in the area where the USER'S address of delivery is located, HAPPY DELIVERY has the right to refuse to accept the order by promptly informing the USER that his order can not be accepted.
HAPPY DELIVERY reserves the rights to change the delivery areas and/or their limits at its sole discretion.
8.1.1. Supply conditions in cities:
• c. Varna - shipping on every order within the city 2,69 lev, supply the following regions: Vladislav Varnenchik, Vinica, Galata, Golden Sands, Alen Mak Business Park Airport, Riviera - supply 3,89 lev; consumables, which delivers meals are free;
• c. Plovdiv - shipping on every order within the city 2,69 lev.
Outside the city: Trud, s.Markovo, s.Belashtitsa, s.Branipole, s.Brestnik, s.Radinovo, Voyvodinovo with. Tsaratsovo, kv.Komatevo and kv.Proslav - supply 3,89 lev for area Stolipinovo not done dostavka.Konsumativite in which food is delivered free of charge;
• c. Burgas - shipping on every order 2,69 lev, supply the following regions: Lozovo. Vetren - delivery 3,89 lev., Banevo - delivery 3,89 lev. Quarter. Meden rudnik - delivery 3,89 lev., Sarafovo - delivery 3,89 lev. Consumables, which delivers food are free.
• c. Ruse shipping on every order 2,69 lev, supply the following regions: Average tower - supply 3,89 lev., Industrial zone - 7,20 lev. Consumables, which delivers meals are free;
• c. Sofia - delivery is 2,69 lev. Delivery for Bankya is 3,89 lev. For Suhodol, Vasil Levski, Levski V, Levski G, Vrajdebna, Benkovski, Military ramp orders are executed until 16 with delivery price 3,19 lev. For Gorna banya and Knyazhevo quarter the price of delivery is 3,19 lev. The consumables in which the food is delivered are free of charge .
• town. Sandanski shipping on every order 2,69 lev consumables, which delivers food are free.
• c. Petrich shipping on every order 3,69 lev consumables, which delivers food are free.
8.1.2. The minimum order value
The minimum order is 10 lv, not include delivery cost.
For each ordered a major portion is placed in a free device and free box. When ordering sushi portion is entitled to one free set of chopsticks for sushi if you want extra utensils or chopsticks need to pay. Set plastic cutlery (fork, knife and spoon) is priced at 0.20 lev, a set of chopsticks for sushi is 0.10 lev. Upon request from a client to a separate box, the additional supply is priced at 0.49 lev
8.1.4. HAPPY DELIVERY ensure taste characteristics and nutritional value of the products supplied by your order within 2 (two) hours from the time of order. With this in mind HAPPY DELIVERY recommended to consume your products delivered within the aforementioned period. After this period HAPPY DELIVERY not responsible for the taste characteristics and nutritional value of the products delivered.
8.1.5. Upon finding a mismatch between your order and delivered products in quantitative and qualitative terms, you are entitled to claim under the Law on Consumer Protection. For your claim is required to notify us within 60 min. From the time of delivery of your order, such notification shall be deemed to have been made by a phone call a national center for receiving orders number 0700 19000. If your notification a claim is made after this period HAPPY DELIVERY not obliged to follow the policy of accepting claims.
Calls to phone 0700 19000 are charged the price of a local call, the price of which is determined by the individual tariff plan each user with telekomukatsionnata company whose services use.
8.1.6. In bringing a good return on your part we offer the following options to solve the problem identified depending on the situation, the type and nature of the problem:
- If the product is pizza, main dish, salad, burger or tortilla, children's menu, dessert, grilled appetizer, sauce addition to sushi, side dish, drink or bread we will replace it with a new, fastest possible way within the same day and will provide you with a voucher from which you can enjoy at your next order, which will be equal to the cost of wrong product.
The voucher can not be combined with another type of discount.
The voucher is used for paying the entire order or part of it, it does not include delivery. It is paid by the client regardless of the value of the voucher.
The voucher is used once, it can be used for payment of two or more orders.
8.1.7. In all cases of inadequate performance of your order, except those related to the undelivered item / product, your claim will be recognized as valid only if delivered to the product you're unhappy in an amount not less than two-thirds of the delivered. On the other hand, if the customer discards the order or returns less than two-thirds of the amount delivered, HAPPY DELIVERY has no obligation to compensate the customer.
8.1.8. During guarantees do not apply to all orders. Orders over 100 lev require more time for preparation and therefore require longer time of delivery. Each customer will be promptly informed of the time of delivery, while making your order or later.
8.1.9. This policy acceptance and satisfaction of claims shall not apply in cases of force majeure, including in the event of reasons related adverse meteroologichni conditions.
8.2. HAPPY is obliged to take due care to enable the USER’s normal use of the Services.
8.3. HAPPY is not obliged and has no objective ability to control how the USER uses the Services provided, and is not responsible for the objectives and activities of the USER in connection with use of the Services, as well as the type and nature of the User’s Content. HAPPY has no obligation to monitor the information stored on its servers or made available by provision of the Services or to seek facts and circumstances indicating illegal activity carried out by the USER through use of the Services.
8.4. In accordance with the requirements of Bulgarian legislation HAPPY stores information materials and resources, uploaded by the USER on a server of dostavka.happy.bg, and is entitled to present them to the competent state authorities in cases where it is necessary to preserve the rights, legitimate interests and the security of HAPPY or third parties, as well as in the cases where these are formally required by the relevant state authorities.
8.5. In case of not using a USER Profile within 60 days after registration or the expiration of 120 days from its last use, HAPPY is entitled to suspend access of the USER to their User Account without notice, to terminate their registration and delete from its servers its all User Contents placed by them. At the point of termination of the registration, the contract with the USER is deemed automatically terminated.
8.6. HAPPY is entitled to put on each page of the Website dostavka.happy.bg, including User profiles, electronic links, banners and other forms of advertising of goods and services offered by HAPPY or third parties, as well as electronic links and advertising banners leading to websites outside the control of HAPPY. HAPPY is not responsible for the content, accuracy and legality of such websites or resources, that were made available to the USER while using the services of the Website dostavki.happy.bg
8.7. When the USER activates the option to offer advertising space on the blog, HAPPY is entitled, but not obliged, to place materials under section 8.5. at its discretion. In the event that such materials are placed on the blog, HAPPY shall provide the consumer ...... % of the income received from this advertising.
8.8. HAPPY is entitled to send commercial messages to consumers in order to offer information and ads on their own or offered by other companies goods and /or services, make inquiries on various issues, conduct polls and more. By accepting the present Terms and Conditions, the USER agrees to receive commercial messages from HAPPY.
8.9. HAPPY is entitled, but not obliged, at its discretion and without sending a warning to stop access to and /or remove User Content, where the same contradicts with the requirements in the present Terms and Conditions.
8.10. HAPPY has no obligation to suspend access to and /or to remove any User Content posted on the Website dostavka.happy.bg, upon request by the USER who posted them.
8.11. HAPPY shall be entitled at its own discretion and without sending a warning to stop or temporarily restrict USER’s access to services under Section 2.3. as well as access of other USERS to User Content placed by them when, at the discretion of HAPPY or according to information obtained from third-party, the USER uses the Services in violation of Bulgarian law, the present Terms, the decency or any other applicable rules.
8.12. HAPPY reserves the right to temporarily or permanently discontinue the provision of specific services available through the Website dostavka.happy.bg, by notifying the USER with a message posted on the relevant web pages or in the User Profile.
With each major portion is added one free pair of plastic fork, knife and spoon. When ordering sushi portion you’ll get one free set of chopsticks for sushi. If you want extra you need to pay them. The price of each pair of plastic cutlery (fork, knife and spoon) is 0.20 lv. The price of extra set of sushi chopsticks is 0.10 lv.
IX. INTELLECTUAL PROPERTY
9.1. With the placement of User Content in any form on the Website dostavka.happy.bg, the USER provides HAPPY with non-exclusive right to use, record, store, distribute publicly on the Internet, including offering access to an unlimited number of persons to it, in a manner allowing access to this from a place and time individually chosen by them without due remuneration for this, and without territorial restrictions (worldwide). Right in the preceding paragraph shall be granted for the time that the User Content is located on the HAPPY server and for a reasonable time after its removal or deletion.
9.2. When using of the Services subject to the Terms and Conditions, the USER has access to diverse content and resources that are subject to copyright or other intellectual property rights of HAPPY, of other USERS or persons respectively specified. The USER has access to content in order to use it for personal purposes in accordance with these Terms and shall not use, record, store, reproduce, modify, adapt, or publicly distribute the intellectual property, which has been made available to him while using the Services, unless it is a negligible amount of information intended for personal use, provided that the legitimate interests of the authors and other holders of the intellectual property are not unreasonably violated, if the copying or reproduction is carried out for non-commercial purposes and in the case that the respective content is provided by the USER or they have obtained the explicit consent of the copyright holders. Notwithstanding the above, the USER may not remove trademark signs and attributes of other intellectual rights from the materials available to him, whether the holder of the rights is HAPPY or other USER.
9.4. Intellectual property rights of all intellectual property issues - materials, databases and other resources located on the Website, other than User Content placed by the USERS on the Website dostavki.happy.bg, are protected under Copyright law and related rights and / or the Law on Marks and Geographical Indications, belong to HAPPY or an indicated person, who has ceded the right of use to HAPPY and can not be used in violation of applicable laws.
9.5. In case the USER believes that their intellectual property rights have been violated by another user, they should notify HAPPY in writing at the address referred to in the present Terms and Conditions or by a letter sent to the e-mail address specified for contact with HAPPY. The notification must contain the exact identification of the material that you claim that has been in violation of intellectual property rights, an indication of the person whose intellectual property rights have been violated and the basis on which these persons have become holders of the respective rights, as well as an address and telephone number for contact with the USER. HAPPY at its discretion, takes the actions set out in Section 11.1. of the Terms.
X. LIABILITY. LIMITATION OF LIABILITY
10.1. HAPPY cares to enable the user of normal use of the Services, but as far as providing them is free HAPPY has no obligation and does not guarantee that they will meet the USER’s requirements, nor that they will be uninterrupted, timely or secure. By accepting the Terms, the USER declares that the use of the Services provided by HAPPY will be entirely at his own risk and responsibility, and the parties agree that HAPPY is not responsible for any damage caused to the USER while using the Services provided.
10.3. HAPPY is not responsible for the availability and quality of products and content of services brought to the attention of the USER via the website through electronic links, banners and messages for sale of goods and services from third parties and /or by attaching such to the text of commercial messages sent to the address of their mailbox provided by them upon registration or generated upon registration. Since the actions of such third parties are not under the control of HAPPY, the same shall not be liable for the illegal nature of the activities of third parties or the occurrence, insurance, implementation, modification and termination of commitments and obligations in relation to those offered by third-party goods and services and is not responsible for any damages or lost profits arising from these relationships.
10.4. HAPPY is not responsible for failure of service in the event of circumstances beyond its control - in cases of force majeure, fortuitous events, problems in the global Internet network and the provision of services beyond the control of HAPPY, problems due to the USER’s equipment and in case of unauthorized access or third party intervention in the functioning of information systems or HAPPY servers.
10.5. HAPPY is not responsible for damage to software, hardware or equipment of the USER or loss of data arising from materials or resources searched, loaded or used in any way through the Services.
10.6. HAPPY is not responsible to the USER and third parties for damages and lost profits incurred due to termination, suspension, modification or limitation provision of any of the services provided for the use of the Services, removal, return, failure, modification, loss, inaccuracy or insufficiency of articles, messages, materials or information used, recorded or made available through the Website dostavka.happy.bg.
10.7. The Parties agree that HAPPY is not responsible for the failure of services or providing them with poor quality due to tests performed by HAPPY to check the equipment, connections, networks, etc., as well as tests to improve or optimize the Services. In these cases, HAPPY informs the USERS about the possible temporary failure, respectively, for the poor quality of the Services in advance.
10.8. By accepting these Terms the USER declares that he/she is aware of the possibility of any disruption or other difficulties in making the Internet connection to the Website dostavka.happy.bg, that may arise despite HAPPY’s care. The USER declares that he will not claim any compensation from HAPPY for lost profits, damages or inconvenience due to the occurrence of the above difficulties or interruptions of the Internet connection, including the capacity of this link.
10.9. HAPPY is not responsible and does not owe compensation to the person whose personal data is used by another person for use of the Services provided by HAPPY, whether or not they have given their consent.
XI. RIGHTS OF HAPPY IN CASE OF USER’S FAILURE OF THE OBLIGATIONS
11.1. HAPPY has the right to suspend, restrict or change the Services provided to USERS and to approach the competent authorities if by their behavior the USER, in the discretion of HAPPY, violates provisions of the Bulgarian legislation, these Terms or the rights and legitimate interests of third parties and has the right at any time and without prior notice to suspend access to any content on the Website dostavka.happy.bg placed by the USER, about which determines or receives information from third parties, that is contrary to the Bulgarian legislation, the current General terms and conditions or their or other's rights and legitimate interests, including intellectual property rights, until the resolution of a similar dispute with the act of a competent authority.
11.2. Upon receiving the order from the competent authorities concerning the User’s Content, HAPPY is entitled to suspend access to such User’s Content or perform other actions, following the order, without prior notice.
11.3. HAPPY is entitled without notice to disable the password for access to the User’s profile, in case that at the discretion of HAPPY the USER violates provisions of the Bulgarian legislation, these Terms or the rights and legitimate interests of third parties. In these cases, HAPPY is entitled to terminate the registration of the USER, to cease the provision of the Services to the USER under item 2.3. and delete all User’s content, placed on its servers. The contract with the USER shall be deemed automatically terminated from the date of the termination of their registration.
11.4. When receiving information providing reasonable grounds to assume that the USER’s behavior when using the services of the Website dostavki.happy.bg could constitute a crime or administrative violation, HAPPY is entitled at its own discretion, to approach the competent state bodies providing them with necessary assistance and all necessary information and materials required in the proper order, which at the discretion of the authority would help to identify the perpetrator and proof of the crime or administrative violation.
11.5. In the above cases HAPPY is not liable for damages and lost profits from the USER or third persons that occur due to suspension, modification or limitation of services, termination of the contract or provision of information or execution of orders of the competent state authorities.
12.1. The USER shall indemnify HAPPY and all third parties for all suffered damages and lost benefits from them, including paid fines, legal fees and other costs due to claims by and / or compensations paid to third parties in connection with materials that the USER has made available to third parties or made available through the use of information provided by HAPPY Services in violation of Bulgarian law, applicable foreign laws, these Terms, or morals, and in conjunction with other violations of its obligations under these Terms and Conditions .
12.2. Apart from the above, the USER shall indemnify HAPPY for all damages caused by use of the Services provided by third parties to which the latter has provided their password or secret question and answer, in violation of these Terms.
12.3. Parents with parental responsibility, guardians or trustees of underage persons are responsible for all damage caused by the latter to HAPPY and third parties at the registration and use of Services - subject to these Terms, and any damage resulting from a false data or falsehood of the statement in paragraph 3.3.2, last sentence.
12.4. The obligations of persons under this paragraph 12 shall continue to have effect after termination of the contract with the consumer.
13.1. HAPPY is entitled to collect and use information about the USERS. Information by which the person can be identified may include name, surname, date of birth, sex, location, e-mail, and any other information which the USER voluntarily enters, uses or provides when using the Services of the Website dostavki.happy.bg. To avoid any doubt, the USER’s Content is not regarded as personal data and therefore is not subject to the protection of the USER’s personal data under these Terms.
13.2.Through their user name and password, any registered USERS have access in on-line regime to their profile where they can correct and update their personal data stored by HAPPY.
13.3. HAPPY attends to the collecting, processing and storage of USERS’ personal information in strict compliance with the provisions of the Law for rotection of personal data.
13.4. HAPPY attends to and is responsible for protection of the USER’s information that has become known to him in relation to the provision of Services, subject to these Terms, except in cases of force majeure, accident or malicious acts of third parties, and in cases where the USER himself has made this information available to third parties.
13.5. In the registration form filled in by the USER when signing a contract, HAPPY clearly indicates the mandatory or voluntary nature of data to be provided and the consequences of refusal. By expressing agreement with these Terms the USER agrees the information about them to be handled in the manner provided in these Terms.
13.6. HAPPY collects and use information under item 13.1 for the purposes provided in these Terms, including offering of new services to consumers, offering of goods and / or services provided by others, promotions, organizing raffles, requests for statistical and any other purposes, whereas by registering to use the Services, the USER agrees to receive commercial messages sent by HAPPY. The purposes described, for which this information can be used, are not exhaustively described and do not create obligations for HAPPY.
13.7. By accepting these Terms, the User agrees to the processing of personal data for direct marketing purposes. The user may object to the processing of personal data for direct marketing purposes by sending written notice to HAPPY at the postal or e-mail contact addresses. The User is entitled to receive information before their personal data are disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing as well as to be given the opportunity to object to such disclosure or use.
13.8. HAPPY shall not edit or disclose any personal information of the User or their use of the Services and shall not provide the information collected to third parties - public authorities, companies, individuals and others, except in cases where:
a. It was provided for in these Terms or the User has given their explicit consent upon registration or at a later time;
b / It is necessary to fulfill a legal obligation of HAPPY;
c / Information is required by public authorities or officials, who are entitled to demand and collect such information, according to current legislation and in compliance with statutory procedures;
d / Personal data is made available to employees or subcontractors of HAPPY for enforcement of activities of the latter and use the Services;
e / Other cases specified by law.
13.9. When using the Website dostavka.happy.bg, HAPPY automatically has the right to retain certain information that a computer or other terminal of the user sends to the server of HAPPY, relating to the User’s activity. The information is stored in log-files on HAPPY’s servers and may include User's IP address, date and time at which a page of the Website dostavka.happy.bg was visited, time spent on it, etc.. In addition, HAPPY stores the User's IP address and any other information needed for identification of the User and reproduction of their electronic statement according to paragraph 3.2., respectively item 3.3.1 for acceptance of the General conditions in the event of a court dispute.
13.10. HAPPY is entitled, but not obliged, to install on a computer or other User’s terminal cookies - small text files that are stored by the website server via the Internet onto the hard disk of the user and allow recovery of information about the USER by identifying him and tracking his actions.
XIV. TERMINATION and rescission of contracts
14.1. Except as provided in these Terms, the contract between the parties shall be terminated upon the occurrence of any of the following circumstances:
a. Cessation of the activity of HAPPY or termination of the maintenance of the Website dostavki.happy.bg;
b / mutual agreement between the parties for termination;
c / other cases provided by law.
14.2. In the event of termination of the contract between the parties on any ground, HAPPY has the right to immediately suspend access of the User to their User profile, to terminate its registration and delete from its servers all User Contents located there, by complying with the requirements of law. In the event of termination HAPPY is not liable for damages and lost profits from the User or third parties as a consequence of the suspension of User’s access to their User profile, termination of their registration, deleting all User Contents from HAPPY’s servers, as well as following the provision of information or execution of orders of the competent state authorities.
XV. OTHER CONDITIONS
15.1. The provided in the present contract and these Terms written statements and electronic messages are to be considered valid if made in the form of a registered letter, facsimile, email, pushing a virtual button on the Website dostavki.happy.bg and similar as far as the statement is technically recorded in a way that allows its reproduction.
15.2. By accepting these Terms and entering into a contract between themselves, the Parties agree to consider the electronic messages between them as received upon their arrival to the information system specified by the addressee without need of explicit confirmation. On the occasion when HAPPY is the addressee of the statement, then the receipt of the statement in the information system, specified by the addressee, shall be considered confirmed upon its entrance in the POP3 servers of HAPPY. When the USER is the addressee of the statement, then the receipt of the statement in the information system, specified by the addressee shall be considered confirmed upon its entrance in the mailbox, specified at the time of registration, located on a server within the domain host.
In case the User has specified an invalid mailbox, then the statement shall be deemed to be received only by sending it from HAPPY even if it was not obtained.
15.3. The parties agree that in the event that any provision in these Terms is invalid, this will entail the nullity of the contract, clauses or other parts. The invalid clause will be replaced by mandatory rules of law or the common practice.
15.4. The Website dostavka.happy.bg is maintained by HAPPY through equipment located in the territory of Bulgaria. HAPPY does not guarantee and is not responsible for the availability and proper delivery of Services of the Website dostavka.happy.bg outside the Republic of Bulgaria, and in particular the settlements in which no delivery is provided may be used only unpaid services. In case the User uses the Services under these Terms of Service, outside the territory of Bulgaria, the user is solely responsible for compliance with the applicable law according to the place of use of the Services.
15.5. For all issues of this contract the law of the Republic of Bulgaria shall apply.
15.6. All disputes between the parties are resolved in a spirit of understanding and goodwill. If no agreement is reached, all outstanding disputes arising from the contract between the parties or relating thereto, including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adaptation to newly arisen circumstances, shall be resolved by the competent Bulgarian legislation court.
In accordance with the applicable legislative system, the sale of alcohol and cigarettes to persons under the age of 18 is forbidden. In the event of a doubt during the finalization and delivery of the order placed, the client is to produce one’s identity card.
In the event of that a person is under the age of 18, alcohol and cigarettes shall not be delivered and shall be returned in the catering establishment servicing the delivery area.
In the event that the client wants to cancel an order placed, it can be done within 3 minutes of its receipt, and the cancellation may be satisfied upon calling 0700 19 000. In the event of cancellation by a client after the 3rd minute, the same shall be entered into the Black List data base – a list of clients whose orders shall not be carried out.
These Terms are adopted by resolution of "HAPPINESS” Ltd from 05.07.2010, and take effect from 07.05.2010.