Terms of Use

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. 

I. DEFINITIONS

For the purposes of interpretation and application of these General Terms and Conditions, the terms and expressions used herein shall have the following meaning:

1.1. "IP Address" means a unique identification number associated with a device, web page, or user resource in a way that enables its localization within the global Internet network.

1.2. "HEPINES" EOOD (hereinafter referred to as “Happy”) is a commercial company, registered under UIC: 103279218, with its registered office and principal place of business in Varna, 25 "Roza" Street, and correspondence address: Varna, 25 "Tsar Osvoboditel" Blvd., “Orbita” Hotel, phone: (+359) 0700 19 000, e-mail: delivery@happy.bg. The company provides the services subject to these General Terms and Conditions through the website it administers: http://dostavka.happy.bg.

1.3. Website dostavka.happy.bg refers to the website through which USERS are given the opportunity to purchase food and have it delivered to an address specified by them.

1.4. "Hyperlink" means a link, designated on a specific Internet page, which enables automated redirection to another Internet page, information resource, or object through standardized protocols.

1.5. "Malicious Actions" refer to acts or omissions that violate Internet ethics or cause harm to individuals connected to the Internet or associated networks, including but not limited to: sending unsolicited messages (SPAM, JUNK MAIL), flooding channels (FLOOD), accessing resources using another’s credentials, exploiting system vulnerabilities for personal benefit or to obtain information (HACK), committing acts that may qualify as industrial espionage or sabotage, damaging or destroying systems or data repositories (CRACK), sending Trojan horses or initiating installation of viruses or remote control systems, disrupting the normal functioning of other users of the Internet and associated networks, and performing any actions that may constitute a criminal offense or administrative violation under Bulgarian law or other applicable legislation.

1.6. "Web Page" refers to a component or separate part of a website.

1.7. "Information System" means a device or system of interconnected devices, one or more of which is intended to store, send, or receive electronic documents.

1.8. "USER" refers to any individual over the age of 18 who uses any of the services and resources provided via the HAPPY DELIVERY call center and the website dostavka.happy.bg.

1.9. "User Profile" means a designated section within dostavka.happy.bg that contains information provided by the user during registration and stored by dostavka.happy.bg. Access to the user profile is secured by entering a username and password. The profile allows the user to view and edit the data entered during registration, access their personal inbox, change their password, subscribe or unsubscribe from the newsletter, and more.

1.10. "Username" is a unique combination of letters and/or numbers selected by the user, which identifies them within dostavka.happy.bg.

1.11. "Password" is a combination of letters and/or numbers chosen by the user, which, together with the username, identifies the user.

1.12. "User Content" refers to any data, information, text, opinions, comments, and blog entries that the USER places on dostavka.happy.bg to be made accessible to other USERS through the Website.

1.13. "Server" is a device or a system of connected devices on which system software is installed for the purpose of storing, processing, receiving, or transmitting information.

1.14. "Website" means a designated space on the global Internet network, accessible via its unique address (URL) through the HTTP or HTTPS protocol, containing files, programs, text, sound, images, links, or other materials and resources.

1.15. "Blog" is a website whose content is regularly updated with comments, descriptions of events, files, and other informational materials presented in chronological order.

1.16. "Force Majeure Event" means an unforeseeable circumstance of extraordinary nature, which, at the time of the contract’s conclusion, makes its performance objectively impossible.

1.17. "Commercial Communications" refers to advertisements or other messages that directly or indirectly promote the goods, services, or reputation of a person engaged in commercial or craft activity, or exercising a regulated profession.

1.18. "Call Center" is an organized system of technical means, software solutions, and trained Happy employees through which communication with customers is carried out by telephone. The main purpose of the call center is to receive, confirm, and process orders, provide information regarding Happy's products and services, and assist in resolving issues related to delivery, customer service, and feedback.

II. SUBJECT OF THE CONTRACT

2.1. HAPPY, through the Website dostavka.happy.bg, provides the services ("Services") defined in these General Terms and Conditions to the USER online, subject to strict compliance with the requirements set forth in these General Terms and Conditions by the latter.
2.2. Some of the Services on the Website dostavka.happy.bg are provided to all USERS without the need for prior registration. These include, but are not limited to: access to and use of various informational resources available through the Website dostavka.happy.bg – news, entertaining posts, promotions, a calendar with information about upcoming events, trainings, and seminars, a catalog with electronic links to Bulgarian and foreign websites, or other content provided by dostavka.happy.bg;
2.3. The use of certain Services on the Website dostavka.happy.bg is possible only after prior registration, creating a User Profile for the USER, and entering the username and password.
2.4. The relationship between the USERS and dostavka.happy.bg regarding the offering, access, and use of paid services through the Website www.dostavka.happy.bg is governed by the rules set forth in the General Terms and Conditions for the use of the respective paid services, available on the Website dostavka.happy.bg.

III. SCOPE OF APPLICATION. AGREEMENT WITH THE GENERAL TERMS AND CONDITIONS

3.1. These General Terms and Conditions apply to the relationships with USERS who have registered on the Website dostavka.happy.bg ("registered USERS"). These General Terms and Conditions also apply to the relationships with USERS who have not registered on the Website dostavka.happy.bg ("non-registered USERS"), with their rights limited to the use of services described in clause 2.2.
3.2. The text of these General Terms and Conditions is available on the Internet at the web page with the address http://dostavka.happy.bg in a way that allows it to be stored and reproduced. An electronic link to the web page containing the text of these General Terms and Conditions is placed on every page of the Website dostavka.happy.bg. By using the services and resources of the Website dostavka.happy.bg, including by opening a webpage from the Website dostavka.happy.bg or by clicking an electronic link from the homepage or any other webpage of the Website dostavka.happy.bg, USERS declare that they are familiar with these General Terms and Conditions, agree with them, and are obliged to comply with them.
3.3. To use the services described in clause 2.3. of these General Terms and Conditions, the USER must first register by filling out the appropriate online registration form available in real-time (online) at http://dostavka.happy.bg.
3.3.1. During the registration process, by marking the field "I agree with the General Terms and Conditions of dostavka.happy.bg" and clicking the "Registration" button, the USER, or the parent or guardian of the USER, makes an explicit electronic declaration under the Law on Electronic Documents and Electronic Signature, stating that they are familiar with these General Terms and Conditions, accept them, agree with them, and are obliged to comply with them.
3.3.2. By registering, the USER gains access to all services offered by dostavka.happy.bg. When filling out the registration form, the USER must provide complete and accurate information about their identity, as well as any other information required by the electronic form on dostavka.happy.bg and update it immediately if any changes occur. The USER guarantees that the information provided during the registration process is true, complete, and accurate, and will update it promptly in case of any changes.
3.3.3. If the required personal data is not provided in the registration form, dostavka.happy.bg has the right to refuse the registration.
3.3.4. In case of providing false information or failure to reflect changes, dostavka.happy.bg has the right to immediately terminate or suspend the provision of the Services, as well as to terminate the registration without prior notice. In this case, the termination of the provision of Services is considered an automatic termination of the contract.

IV. USERNAME AND PASSWORD. USER PROFILE

4.1. During registration, the USER selects a username and password. If the username is not already taken, the USER will be granted the username and password they have chosen. Through these credentials, the USER gains access to their User Profile and the ability to use the Services described in clause 2.3.
4.2. The username is a unique code consisting of letters, digits, and symbols, by which the USER is identified when using the Services described in clause 2.3. dostavka.happy.bg does not verify or assume responsibility for the match between the username and the USER's name, nor for whether it affects the rights of third parties, including the right to a name or other personal rights, the right to a trade name (company), trademark rights, or other intellectual property rights.
4.3. The password is a code consisting of letters, digits, and symbols, which together with the username serves for access to the USER's profile.
4.5. The USER is obliged not to disclose their password or secret question and answer to third parties and must immediately notify dostavka.happy.bg in case of unauthorized access, as well as when there is a possibility of such access. The USER is responsible for all actions performed by them or by a third party using their credentials.
4.6. The User Profile is a part of the Website dostavka.happy.bg containing information about the registered USER, provided during the registration process and stored on the dostavka.happy.bg server. Through the User Profile, the USER can use, configure, activate, or deactivate various services from clause 2.3., manage their User Content stored on the server of dostavka.happy.bg, update their registration details, change their password and secret question and answer, cancel their registration, etc.
4.7. To access paid services on the Website dostavka.happy.bg, the USER must complete a registration on the designated webpage or perform other actions in accordance with the requirements of the respective paid service's General Terms and Conditions.
4.8. Each USER may have only one active User Profile. Registration under a fictitious name or under someone else's name (using someone else's identity) is prohibited. dostavka.happy.bg may refuse registration of a person if it receives information that the person provides false or third-party data.

V. CONCLUSION OF THE CONTRACT

5.1. The contract between the parties becomes effective upon reaching an agreement, which is formalized in the manner specified in clause 3.2 or clause 3.3.1.
5.2. The contract is concluded in Bulgarian.
5.3. The contract is effective:
a) For non-registered USERS – until they cease using the Services described in clause 2.2.;
b) For registered USERS – for an indefinite period from the registration of the USER until the termination of the contract in accordance with these General Terms and Conditions.

VI. CHANGES TO THE GENERAL TERMS AND CONDITIONS

6.1. In view of the periodic updates and modifications of the Services, their improvement and expansion, as well as possible legislative changes affecting them, the General Terms and Conditions may be changed unilaterally by HAPPY. This change may occur due to changes in the type, nature, or technology of the provided Services, termination of certain Services, or changes in economic conditions.
6.2. When changes are made to the General Terms and Conditions, HAPPY notifies the USERS by publishing them on the Website dostavka.happy.bg. HAPPY provides USERS with a two-week period to familiarize themselves with the changes, after which they enter into effect.
6.3. These General Terms and Conditions, as well as any future changes to them, apply to existing registered USERS as of the date they come into effect. During the period specified in clause 6.2, USERS can declare via a message to HAPPY that they reject the changes. If no such rejection is received, it is considered that the USER agrees to the changes. A registered USER’s declaration of disagreement with the changes will lead to the automatic termination of the contract between the USER and HAPPY for the use of the services provided through the Website dostavka.happy.bg, at which point HAPPY has the right to immediately suspend the USER's access to their User Profile, terminate their registration, and delete all their User Content from its servers.

VII. RIGHTS AND OBLIGATIONS OF THE USER

7.1. The USER is responsible for providing the necessary equipment for accessing the services provided by HAPPY, including client devices for Internet access and the relevant software applications, as well as access to the Internet.

7.2. The USER has the right to access the services provided through the Website dostavka.happy.bg in an online mode, subject to the conditions and requirements for access determined by HAPPY.

7.4. The USER undertakes not to upload, store on HAPPY's server, or make available to third parties any User Content—information, data, text, messages, or any other materials or electronic links to materials—that: a. contradict Bulgarian legislation, applicable foreign laws, these Terms and Conditions, Internet etiquette, rules of morality, and good manners; b. contain violence (including animal cruelty), incitement to violence, humiliation of human dignity, threats to life and physical integrity; c. contain pornography or explicit sexual content; d. include identifiable bodies of victims from accidents or other serious incidents; e. offend a particular religion or contain religious agitation; f. constitute commercial or official secrets or other confidential information; g. are subject to third-party intellectual property rights, unless the rights holder has given consent; h. infringe upon any property or non-property rights or lawful interests of third parties; i. promote discrimination based on gender, race, educational background, age, or religion, or propagate fascist, racist, or other undemocratic ideologies; j. harm the reputation of others or call for violent changes to the constitutionally established order, the commission of a crime, violence against individuals, or incite racial, national, ethnic, or religious hatred; k. contain information urging or facilitating terrorist activities; l. include information about foreign passwords or access rights without the consent of their holder, or software for accessing such passwords or rights.

7.5. The USER undertakes to: a. not engage in malicious actions as defined in these Terms and Conditions; b. promptly notify HAPPY of any case of violation discovered while using the provided services; c. not impersonate another person; d. refrain from using methods that lead to forced loading of unwanted content for Internet users ("pop-up," "blind link," and similar methods).

7.6. The USER has the right at any time, at their discretion, to terminate the use of the services provided by HAPPY, either by deactivating the services from their User Profile or another specified page for this purpose or by terminating their registration on the Website dostavka.happy.bg. Upon termination of the registration, and for unregistered USERS, from the moment the services are no longer used, the agreement between the parties is considered automatically terminated, and HAPPY stops access to the respective USER's Profile and has the right to stop access and delete from its servers all User Content in accordance with point 14.2 of these Terms and Conditions. Deactivation of certain services does not lead to termination of the agreement.

7.7. The USER may access and use any content published on the Website dostavka.happy.bg, including User Content, only for personal use and non-commercial purposes, in compliance with these Terms and Conditions.

7.8. The USER undertakes not to attempt or acquire unauthorized access to the services provided by dostavka.happy.bg through intercepting and using foreign passwords or any other methods, and not to bypass, damage, or otherwise disrupt the normal functioning of the technical or software applications on the Website dostavka.happy.bg that prevent or limit access to foreign email inboxes, administrative panels, computer systems, and networks associated with the services provided.

VIII. RIGHTS AND OBLIGATIONS OF HAPPY

8.1. HAPPY undertakes to make the necessary efforts to provide the USER with the ability to use the Services properly.

HAPPY DELIVERY Complaint Acceptance and Satisfaction Policy

We, HAPPY DELIVERY, promise that we will be at your door with your order within the announced time frame when you place your order.

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

In case of high workload that temporarily makes it difficult for HAPPY DELIVERY to meet the delivery time in the area where the delivery address is located, HAPPY DELIVERY has the right to refuse to accept the order, promptly notifying the USER that their order cannot be accepted.

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

8.1.1. Delivery Conditions by City

• Sofia: Delivery is 4.39 BGN.
  4.59 BGN for the following areas: Simeonovo-Dragalevtsi, VSU Lyuben Karavelov, Vrabnitsa 2, Obelya 2, Svoboda, Obelya-Vrabnitsa.
  4.79 BGN for the following areas: Airport, Belovodski Path, Cinema Center Area, Malinova Dolina, Gorna Banya, Gorublyane, Republic, Simeonovo, Suhodolska Ring Road, TEP Sofia.
  5.19 BGN for the following areas: Abdovitsa, Bunker Area, Kiliite Area, Malinova Dolina - Gerena, Kambanite, Sofia-Village, Knyajevo, Malashevtsi, Orlandovtsi, Detki Grad, International Children's Park, Metro-Bul. Slivnitsa, Vasyl Levski, Levski V, Levski G.
  5.59 BGN for the following areas: Vrazhdebna, Suhodol, Filipovtsi.
  6.19 BGN for the following areas: Benkovski, Iliantsi.
  Orders to Benkovski, Knyajevo, Iliantsi, Suhodol, Vasyl Levski, Levski V, Levski G, Vrazhdebna, Voenna Rampa must be completed by 16:00.
  Delivery for Bankya and Ivaniane is 7.59 BGN.
• Varna: Delivery is 4.39 BGN.
  7.39 BGN for the following areas: Golden Sands, Riviera, Kukudiva Area.
  6.19 BGN for the following areas: Banala Cheshma, Manastirski Rid, Alen Mak, Deli Sava areas.
  5.39 BGN for the following areas: Balam Dere, Chaika.
  5.19 BGN for the following areas: Malka Chaika, Varna Airport, Radiostantsiya Area, Yalovi Nivi, Western Industrial Zone, Port Palace, Ecopark Varna.
  4.59 BGN for the following areas: Kayisieva Gradina, Atanas Tarla, Goliam Pyasak, Malak Pyasak, Planova.
  4.79 BGN for the following areas: Asparuhovo, Konstantin and Elena Resort, Vinitza.
  Consumables, in which food is delivered, are charged separately according to section 8.1.3.
• Plovdiv: Delivery is 4.39 BGN.
  Outside the city: Komatevo and Proslav areas - 5.59 BGN. Delivery is not available for the Stolipinovo area.
  Consumables, in which food is delivered, are charged separately according to section 8.1.3.
• Burgas: Delivery is 4.39 BGN.
  7.99 BGN for the following areas: Banevo, Burgas Mineral Baths, Borovete Area.
  6.99 BGN for the following areas: Dolno Ezerovo, Gorno Ezerovo.
  5.59 BGN for the following areas: Sarafovo, Business Park Area.
  5.99 BGN for the following areas: Lozovo.
  5.39 BGN for the following areas: Meden Rudnik.
  Consumables, in which food is delivered, are charged separately according to section 8.1.3.
• Ruse: Delivery is 4.39 BGN.
  6.49 BGN for the Industrial Zone.
  Consumables, in which food is delivered, are charged separately according to section 8.1.3.
• Sandanski: Delivery is 4.39 BGN.
  Belvehechivo, Leshnitsa, Novo Delchevo, Polenitsa - 4.39 BGN.
  Sklave, Djigurovo, Valkovo, Struma, Ribnik, Kresna - 5.19 BGN.
  Consumables, in which food is delivered, are charged separately according to section 8.1.3.
• Petrich: Delivery is 5.19 BGN per order.
  Pirmomay, Rupite, Marikostinovo, Kavrakirovo, Rzhdak, Starchovo - 5.19 BGN.
  Mihnevo - 5.19 BGN.
  Kula - 5.19 BGN.
  Consumables, in which food is delivered, are charged separately according to section 8.1.3.

8.1.2. Minimum Order Value

• The minimum order value for Happy and Burata chains is 15.99 BGN, excluding delivery charges.
• The minimum order value for Captain Cook chain is 19.99 BGN, excluding delivery charges.
• All prices mentioned in the menu are in Bulgarian Lev (BGN).

8.1.3. Consumables
For each main ordered portion, one free cutlery set and one free box are provided. When ordering sushi, one free set of sushi chopsticks is provided. If you want additional cutlery or chopsticks, you will need to pay for them. A cutlery set (fork, knife, and spoon) costs 0.20 BGN, while a sushi chopsticks set costs 0.10 BGN. If you wish for a separate box, the additional consumable is priced at 0.49 BGN.
The paper packaging used for the delivery of the order costs 0.15 BGN.
In accordance with the service standards of the Provider, more than one paper package can be used for an order, depending on the type and number of items.

Changes in these Terms and Conditions are made to comply with Directive (EU) 2019/904 of the European Parliament and Council of 05.06.2019 regarding the reduction of the impact of certain plastic products on the environment (OBL 155 of 12.06.2019) and the Ordinance adopted with Decree No. 354/26.10.2021 related to the reduction of the impact of certain plastic products on the environment.

8.1.4. HAPPY DELIVERY guarantees the taste characteristics and nutritional quality of the delivered products within 2 (two) hours from the moment of the order. Therefore, HAPPY DELIVERY recommends consuming the delivered products within the stated time. After this period, HAPPY DELIVERY is not responsible for the taste characteristics and nutritional quality of the delivered products.

8.1.5. If there is a discrepancy between your order and the delivered products in terms of quantity and quality, you have the right to file a complaint according to the Consumer Protection Law. To file a complaint, you must notify us within 60 minutes of the delivery time, and the notification is considered filed when calling the national Order Center at 0700 19000. If your complaint notification is made after this time, HAPPY DELIVERY is not obligated to follow the complaint policy.
Calls to the number 0700 19000 are charged at the cost of a local call, which is determined by the individual tariff plan of the telecommunications provider used by the customer.

8.1.6. In case of a valid complaint, we offer the following solutions depending on the situation, type, and nature of the problem:

• If the product is a pizza, main dish, salad, burger, tortilla, children's menu, dessert, grill, appetizer, sauce, sushi addition, garnish, drink, or bread, we will replace it with a new one as quickly as possible on the same day or provide a voucher equivalent to the value of the incorrect product, which can be used for the next order.
  The voucher cannot be combined with any other discount.
  The voucher can be used to pay for the entire order or part of it.
  The voucher is valid for one-time use only and cannot be used to pay for two or more orders.
  The voucher is valid for one month (30 calendar days) after receipt.

8.1.7. In cases of inaccurate execution of your order, except for those related to undelivered items/products, your complaint will only be recognized as valid if you present the product you are dissatisfied with, in a quantity of no less than two-thirds of what was delivered. On the other hand, if the customer has discarded the order or returned less than two-thirds of the delivered quantity, HAPPY DELIVERY is not responsible for compensation.

8.1.8. Time guarantees do not apply to all orders. Orders over 100 BGN require more preparation time and therefore, the delivery time will be extended. Each customer will be informed about the delivery time when placing their order or later.

8.1.9. This Policy for accepting and resolving complaints does not apply in case of force majeure, including adverse weather conditions.

8.2. HAPPY has no obligation and objective ability to control how the CUSTOMER uses the provided Services and is not responsible for the purposes and activities of the CUSTOMER in relation to the use of the Services, as well as for the type and nature of Customer content. HAPPY has no obligation to monitor information stored on its servers or made available when providing the Services, nor to search for facts or circumstances indicating unlawful activity by the CUSTOMER using the Services.

8.3. In accordance with the requirements of the applicable Bulgarian legislation, HAPPY stores informational materials and resources uploaded by the CUSTOMER on the server of dostavka.happy.bg and has the right to provide them to competent state authorities when necessary to protect the rights, legal interests, and security of HAPPY or third parties, as well as when these materials are requested by the respective state authorities in the proper manner.

8.4. If the CUSTOMER's profile is not used for 60 days after registration or 120 days have passed since its last use, HAPPY has the right to suspend access to the CUSTOMER's profile without prior notice, terminate their registration, and delete all the uploaded Customer Content from its servers. From the moment of registration termination, the contract with the CUSTOMER is automatically considered terminated.

8.5. HAPPY has the right to place electronic links, advertising banners, and other advertising forms for goods and services offered by HAPPY or third parties on any page of the website dostavka.happy.bg, including in Customer profiles. It also has the right to place electronic links and advertising banners leading to websites outside of HAPPY's control. HAPPY is not responsible for the content, truthfulness, and legality of such websites or resources, nor for services or resources made available to the CUSTOMER while using the services of the website dostavka.happy.bg.

8.6. When the CUSTOMER activates the option to offer advertising space on their blog, HAPPY has the right, but not the obligation, at its discretion, to place materials as described in section 8.5 on the blog. If such materials are placed on the blog, HAPPY is obliged to provide the CUSTOMER with .... % of the revenue generated from this advertising.

8.7. HAPPY has the right to send commercial communications to the CUSTOMERS to offer information and advertisements regarding its own or other commercial companies’ goods and/or services, to make inquiries on various matters, conduct surveys, etc. By accepting these Terms and Conditions, the CUSTOMER agrees to receive commercial communications from HAPPY.

8.8. HAPPY has the right, but not the obligation, at its discretion and without prior warning, to suspend access to and/or remove Customer Content when it does not comply with the requirements set forth in these Terms and Conditions.

8.9. HAPPY is not obligated to suspend access to and/or remove Customer Content published on the website dostavka.happy.bg at the request of the CUSTOMER who posted it.

8.10. HAPPY has the right, at its discretion and without prior warning, to temporarily suspend or limit the CUSTOMER's access to the Services mentioned in section 2.3., as well as the access of other CUSTOMERS to the Customer Content uploaded by the CUSTOMER, when, in the judgment of HAPPY or according to information received from third parties, the CUSTOMER uses the Services in violation of Bulgarian legislation, these Terms and Conditions, good morals, or other applicable norms.

8.11. HAPPY reserves the right to temporarily or permanently suspend the provision of specific Services available through the website dostavka.happy.bg, by notifying the CUSTOMER with a message on the relevant web pages or in their Customer profile.

8.12. The CUSTOMER has the option to place an order by phone through the call center (0700 19000), via the website https://dostavka.happy.bg, or through the Happy Delivery Mobile application and pick up the prepared order, packaged, from the restaurant of their choice.

8.12.1. In order to accurately and promptly fulfill orders and provide SERVICES, improve customer service quality, monitor the execution of requests, and protect the legal interests of the company, all phone calls between the customer and the call center, as well as those between the customer and the company's suppliers not mediated by the call center, will be recorded.

8.12.2. By accepting these Terms and Conditions, the customer declares that they are aware of and agree that when placing an order, regardless of the communication channel (including orders via the website or mobile application), phone calls between the customer and suppliers and/or the HAPPY call center will be recorded.

8.12.3. For subsequent calls related to an already placed order, from employees/suppliers of the company to the customer, the customer will not be additionally notified about the recording of the conversation.

8.12.4. The grounds, purposes, and additional information regarding personal data protection during the recording of phone calls by the call center can be found in HAPPY's Privacy Policy.

8.12.5. Customers who do not wish for their conversations to be recorded must end the call and use other contact or order submission channels where no recording occurs. However, if the CUSTOMER categorically refuses to engage in phone conversations with HAPPY due to unwillingness to be recorded, there is a risk of non-fulfillment of SERVICES, as the supplier may fail to find the delivery address or may be prevented from contacting the customer in time for the order delivery due to various reasons (e.g., absence of a doorbell, unclear delivery address markings, etc.). In such cases, all costs for the placed order, including delivery, will be borne by the CUSTOMER, who is considered previously informed under these Terms and Conditions.

8.13. The CUSTOMER receives:

• A 10% discount when picking up the order from the restaurant, when paying in cash or via a POS terminal.

8.14. The discounts under section 8.13. CANNOT be combined with other discounts or price reductions on items (e.g., those resulting from a promo code, voucher, items with reduced prices, etc.). If there is another promo code or voucher, the system will automatically apply the higher discount. The CUSTOMER has the option to remove it and select the discount they wish to use.

8.15. For the "PICK UP" service, there is no minimum order value requirement.

8.16. For determining the necessary time for order preparation, the CUSTOMER can select the option "now" or specify another later time when they will pick up the order. If "now" is selected, the estimated preparation time is approximately 25 minutes, but depending on the current workload of the selected restaurant, this time may be extended. Upon finalizing the order, the CUSTOMER will receive information about the expected preparation time, after which they can confirm or cancel the order if they disagree with the timing.

8.17. The CUSTOMER is obliged to arrive at the selected restaurant before the expected preparation time to pick up the order. If the CUSTOMER is delayed for more than 15 minutes, HAPPY has the right to contact them to clarify the reason for the delay. If the CUSTOMER fails to pick up the order within 60 minutes, HAPPY has the right to cancel the order.

8.18. The conditions in sections 8.1.3, 8.1.4, 8.1.5, 8.1.6, and 8.1.7 above also apply to the "PICK UP" orders.

8.19. HAPPY has the right to require the CUSTOMER to pay for the order online in advance (as a condition for delivery) in cases of orders with a specified exact time or for future dates (i.e., with a date later than the date of the order), as well as in other cases at the discretion of HAPPY.

IX. INTELLECTUAL PROPERTY

9.1. By uploading Customer Content in any form on the Website dostavka.happy.bg, the CUSTOMER grants HAPPY the non-exclusive right to use, record, store, and publicly distribute it on the Internet, including offering access to an unlimited number of people in a way that allows them to access it at individually chosen times and locations, without the obligation to pay for it and without territorial limitations (worldwide). This right is granted for the time the Customer Content is stored on HAPPY's server and for a reasonable period after it is removed or deleted.

9.2. When using the Services subject to these Terms and Conditions, the CUSTOMER has access to a variety of content and resources that are subject to copyright or other intellectual property rights of HAPPY, other USERS, or designated persons. The CUSTOMER may access this content for personal use in accordance with these Terms and Conditions and has no right to use, record, store, reproduce, modify, adapt, or publicly distribute intellectual property objects made available to them while using the Services, unless it is for a minimal amount of information for personal use, provided that it does not unjustifiably harm the legitimate interests of the authors or other rights holders, and that the copying or reproduction is not for commercial purposes. The CUSTOMER also cannot remove trademark signs and other intellectual property markings from materials available to them, regardless of whether the rights holder is HAPPY or another USER.

9.4. The intellectual property rights over all objects of intellectual property—materials, databases, and other resources placed on the Website, other than Customer Content uploaded by USERS—are protected under the Copyright and Related Rights Act and/or the Trademarks and Geographical Indications Act and belong to HAPPY or the respective person who granted HAPPY the right to use them. These materials may not be used in violation of the applicable laws.

9.5. If the CUSTOMER believes that their intellectual property rights have been infringed by another user, they must notify HAPPY in writing at the address specified in these Terms and Conditions or via an email sent to the contact address provided by HAPPY. The notification should include a detailed identification of the material that is alleged to infringe intellectual property rights, the person or persons whose rights have been infringed, the grounds on which these persons are rights holders, and the contact address and phone number of the CUSTOMER. HAPPY will, at its discretion, take the actions specified in section 11.1 of these Terms and Conditions.

X. LIABILITY. LIMITATION OF LIABILITY

10.1. HAPPY makes efforts to provide the USER with the opportunity to use the Services normally, 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 uninterrupted, timely, or secure. By accepting these 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 is not 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 attention of the USER through publication on the Website of electronic links, advertising banners, and sales messages of goods and services offered by third parties and/or through attachment of such to the text of commercial messages sent to the USER’s email address, as specified during registration or generated upon registration. Since the actions of these third parties are beyond the control of HAPPY, it is not responsible for the unlawful nature of the third parties' activities or for the emergence, guarantee, fulfillment, modification, or termination of obligations and commitments related to the goods and services offered by third parties, nor for any damages or lost profits arising from these relations.

10.4. HAPPY is not liable for the non-provision of services due to circumstances beyond its control – in cases of force majeure, accidental events, issues in the global Internet network, and in the provision of services outside of HAPPY's control, problems related to the USER's equipment, as well as in cases of unauthorized access or intervention by third parties in the operation of HAPPY’s information system or servers.

10.5. HAPPY is not responsible for damages caused to the USER's software, hardware, or equipment, or for the loss of data resulting from materials or resources sought, loaded, or used in any way through the provided Services.

10.6. HAPPY is not liable to the USER or third parties for damages and lost profits resulting from the termination, suspension, alteration, or limitation of the provision of any of the Services, provided for use of the Services, deletion, return, non-receipt, modification, loss, inaccuracy, or incompleteness of items, 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 non-provision of Services or the provision of them with degraded quality due to tests conducted by HAPPY to check equipment, connections, networks, and other related matters, as well as tests aimed at improving or optimizing the provided Services. In these cases, HAPPY will notify the USER in advance about the possible temporary unavailability or the degraded quality of the Services.

10.8. By accepting these Terms and Conditions, the USER declares that they understand the possibility of potential interruptions and other difficulties in establishing the Internet connection to the Website dostavka.happy.bg, which may arise regardless of the efforts made by HAPPY. The USER declares that they will not claim any compensation from HAPPY for lost profits, incurred damages, or inconveniences resulting from the mentioned interruptions or difficulties in the Internet connection, including with regard to the capacity of this connection.

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

XI. RIGHTS OF HAPPY IN CASE OF NON-FULFILLMENT OF THE USER’S 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, in HAPPY’s opinion, violates the provisions of applicable Bulgarian law, these Terms and Conditions, or the rights and legitimate interests of third parties, and at any time and without prior notice to stop access to any content uploaded to the Website dostavki.happy.bg by the USER, if it deems or receives information from third parties that such content contradicts applicable Bulgarian law, these Terms and Conditions, or the rights and legitimate interests of others, including intellectual property rights, until the dispute is resolved by an act of the competent state authority.

11.2. Upon receiving an order from competent state authorities concerning User Content, HAPPY has the right to stop access to such User Content without prior notice or take other actions as per the received order.

11.3. HAPPY has the right to deactivate the password for access to the USER’s profile without notice if, in HAPPY's opinion, the USER violates the provisions of applicable Bulgarian law, these Terms and Conditions, or the rights and legitimate interests of third parties. In these cases, HAPPY has the right to terminate the USER's registration, suspend the provision of the Services to the USER as per item 2.3., and delete all User Content uploaded by them from its servers. The contract with the USER is considered automatically terminated from the date of termination of their registration.

11.4. When HAPPY receives information that provides sufficient grounds to believe that the USER's behavior while using the Services on the Website dostavki.happy.bg could represent a criminal offense or administrative violation, HAPPY has the right, at its discretion, to notify the competent state authorities, providing necessary assistance and all required information and materials, as per the prescribed procedure, which in the opinion of the relevant authority would help identify the perpetrator and prove the commission of the crime or administrative violation.

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

XII. INDEMNITIES

12.1. The USER is obliged to indemnify HAPPY and all third parties for all damages and lost profits incurred by them, including paid property sanctions, legal fees, and other expenses, resulting from claims made by and/or compensation paid to third parties related to materials that the USER has made available to third parties or made accessible through the use of the services provided by HAPPY in violation of Bulgarian law, applicable foreign laws, these Terms and Conditions, or public morals, as well as in connection with other violations of the USER's obligations under these Terms and Conditions.

12.2. In addition to the above, the USER is obliged 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 Terms and Conditions.

12.3. Parents exercising parental rights, guardians, or custodians of a minor are responsible for all damages caused by the minor to HAPPY and third parties during registration and use of the services subject to these Terms and Conditions, as well as for all damages resulting from providing incorrect data or false declarations as per item 3.3.2, last sentence.

12.4. The obligations of the parties under this item 12 continue to apply even after the termination of the contract with the USER.

XIII. PERSONAL DATA PROTECTION

13.1. HAPPY has the right and obligation to collect and use information regarding USERS to fulfill the SERVICES described above. Information that can identify the individual may include name, middle name, surname, date of birth, gender, location, email, voice, as well as any other information that the USER voluntarily enters, uses, or provides when using the services on the website dostavki.happy.bg. For the avoidance of doubt, User content is not considered personal data and therefore is not subject to the protection provided regarding the USER's personal data under these Terms and Conditions.

13.2. Every registered USER, using their username and password, has the right to access their user profile online, where they can correct and update their personal data stored by HAPPY.

13.3. HAPPY takes due care in collecting, processing, and storing personal data of USERS in strict compliance with the provisions of the Personal Data Protection Act, the General Data Protection Regulation, and applicable legislation in this area.

13.4. HAPPY takes due care and protects information about the USER obtained during the provision of the Services subject to these Terms and Conditions, except in cases of force majeure, accidental events, malicious actions of third parties, or when the USER themselves has made this information accessible to third parties.

13.5. In the registration form completed by the USER when entering into the contract, HAPPY clearly marks whether the provision of the data is mandatory or voluntary and the consequences of refusal to provide it. By agreeing to these Terms and Conditions, the USER explicitly declares that they have read and are informed about the methods and means by which their personal data will be processed and, accordingly, has not objected to the processing of their information in accordance with these Terms and Conditions and the Privacy Policy.

13.6. HAPPY collects and uses the information in 13.1 for the purposes outlined in these Terms and Conditions, including offering new services to users, offering goods and/or services offered by third parties, promotions, organizing lotteries, inquiries, statistical and any other purposes related to HAPPY's activities and based on legal grounds. By registering for the use of the Services, the USER agrees to receive commercial communications from HAPPY. The listed purposes for which the information may be used are not exhaustive and do not create obligations for HAPPY.

13.7. By accepting these Terms and Conditions, the USER is notified that their personal data may be processed for the purposes of direct marketing. The USER has the right to object to the processing of their personal data for the purposes of direct marketing by sending a written notice to HAPPY at the provided contact address or email. The USER has the right to be informed before their personal data is first disclosed to third parties or used on their behalf for direct marketing purposes and to be provided with the opportunity to object to such disclosure or use.

13.8. HAPPY is obliged not to edit or disclose any personal information about the USER or the use of the Services by the USER and not to provide the collected information to third parties – government authorities, commercial companies, individuals, and others, except in cases when: a/ this is provided in these Terms and Conditions or the USER has given explicit consent during registration or later; b/ this is necessary to fulfill a legal obligation of HAPPY; c/ the information is requested by government authorities or officials who, according to applicable law, are authorized to request and collect such information, following the legally established procedures; d/ the information concerning personal data is provided to employees or subcontractors of HAPPY for activities related to the administration of the website and the use of the Services; e/ other cases provided by law.

13.9. When using the website dostavki.happy.bg, HAPPY has the right to automatically store certain information sent from the USER's computer or other device to HAPPY's server in connection with the USER's activity. This information is stored in log files on HAPPY's servers and may include the USER's IP address, the date and time the respective page on the website dostavki.happy.bg was visited, the time spent on it, and others. Additionally, HAPPY stores the USER's IP address as well as any other information necessary to identify the USER and reproduce their electronic statement under item 3.2, respectively item 3.3.1 for accepting the Terms and Conditions, in case of a legal dispute.

13.10. HAPPY has the right, but not the obligation, to install cookies on the USER's computer or other device – small text files saved by a web page through the web server on the USER's hard disk that allow the recovery of information about the USER, such as identifying them and tracking their actions.

XIV. TERMINATION AND RESCISSION OF THE CONTRACT

14.1. Except in cases provided for in these 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 activity or termination of the maintenance of the website dostavki.happy.bg; b/ mutual agreement between the parties to terminate the contract; c/ other cases provided by law.

14.2. In the event of termination of the contract between the parties for any reason, HAPPY has the right to immediately suspend the USER's access to their profile, terminate their registration, and delete all User Content placed by them from HAPPY’s servers, in accordance with the applicable legislation. In case of termination of the contract, HAPPY is not liable for any damages or lost profits suffered by the USER or third parties due to the suspension of the USER's access to their profile, termination of their registration, deletion of the User Content from HAPPY's servers, as well as due to providing information or complying with orders from competent state authorities.

XV. OTHER CONDITIONS

15.1. The written or electronic statements and notifications provided for in the contract and these Terms and Conditions shall be deemed valid if made in the form of a registered letter with return receipt, facsimile, email, clicking a virtual button on the website dostavki.happy.bg, or other similar methods, provided that the statement is recorded in a technically reproducible way.

15.2. By accepting these Terms and Conditions and entering into the contract, the parties agree to consider electronic statements exchanged between them as received upon their entry into the designated information system of the recipient, without the need for explicit confirmation. When HAPPY is the recipient of the statement, its receipt shall be deemed to occur upon its entry into HAPPY’s POP3 servers. When the USER is the recipient, receipt shall be deemed to occur when the statement enters the email inbox specified during registration, located on a server within the respective domain.
If the USER has provided an invalid email address, the statement will be considered received upon being sent by HAPPY, even if not actually received.

15.3. The parties agree that if any clause of these Terms and Conditions is found to be invalid, this shall not invalidate the contract, the remaining clauses, or parts thereof. The invalid clause shall be replaced by the mandatory provisions of the law or established practice.

15.4. The website dostavki.happy.bg is maintained by HAPPY using technical equipment located in the Republic of Bulgaria. HAPPY does not guarantee and is not liable for the availability and proper provision of the Services outside the territory of the Republic of Bulgaria. In particular, in locations where delivery is not available, only unpaid services may be used. If the USER uses the Services outside the territory of the Republic of Bulgaria, the USER is solely responsible for complying with the applicable legislation of the location in which the Services are used.

15.5. All matters not settled by this contract shall be governed by the applicable legislation of the Republic of Bulgaria.

15.6. All disputes between the parties shall be resolved in a spirit of understanding and good faith. If no agreement is reached, any unresolved disputes arising from or relating to the contract, including disputes regarding its interpretation, validity, performance, or termination, as well as disputes concerning filling in gaps in the contract or adapting it to newly arisen circumstances, shall be resolved by the competent court under Bulgarian law.

According to the applicable legislation, the sale of alcohol and cigarettes is prohibited to persons under the age of 18. If the delivery personnel have any doubt at the time of completing and handing over the order, the customer is obliged to present a valid ID – for example, their personal ID card.
If the customer is under 18 years of age, the alcohol or cigarettes will not be handed over and will be returned to the restaurant serving the delivery area.

If a customer wishes to cancel an order, this can be done within 3 minutes of its acceptance, and the cancellation will be processed after calling the call center at 0700 19 000. If the customer cancels the order after the third minute, they will be added to the “Blacklist” database – a list of customers whose orders will not be fulfilled.

These Terms and Conditions were adopted by a decision of the ESC of “HAPPINESS” EOOD on 05.07.2010 and came into force on 05.07.2010.
These Terms and Conditions were amended on 11.05.2025.