GENERAL TERMS AND CONDITIONS FOR PURCHASE AND SALE OF GOODS THROUGH THE E-COMMERCE WEBSITE
Art.12. The supplier:
- takes care that the information in the store is always kept accurate and up-to-date, but does not guarantee its accuracy and completeness;
- is not responsible for failure to provide access to the store, as well as for non-processing or untimely processing of purchase orders in the event of circumstances beyond its control – cases of force majeure, accidental events, problems in the global Internet;
- does not guarantee that access to the store will be uninterrupted, timely, secure and free from errors, as far as it is beyond its capabilities, control and will;
- insofar as it does not have the ability to change, control or otherwise affect the quality and suitability for use of the goods ordered by the User is not responsible for their compliance with applicable regulatory requirements and their qualities;
- shall not be liable for damage caused to software, hardware or telecommunications equipment, or for loss of data resulting from materials or resources sought, downloaded or used in any way through it;
- insofar as it does not have the objective possibility and obligation and does not control the Internet pages and resources that have become accessible through the electronic links placed in the store and in the user profile;
- is not responsible for the illegal nature of the content and materials located on these websites and resources; shall not be liable for damages and lost profits resulting from the use, access or unreliability of these materials and content;
- there is no obligation and objective possibility to control the way the User uses the store.
Art.13. The user undertakes:
- to indicate an exact and valid telephone number, delivery address and e-mail address for correspondence;
- to pay the price of the goods ordered by him;
- to pay the delivery costs, except in cases where the delivery costs remain at the expense of the Supplier;
- to receive the goods;
- take all care and take the necessary measures, which are reasonably necessary, in order to protect your password;
- not to disclose to third parties his password and the answer to the secret question and to notify the Provider immediately in case of illegal access to his user profile, as well as in case of probability of such;
- in view of the specifics of the Internet protocols and the security in the protection of the password data, to terminate the session in which he has logged in to his user profile by pressing the virtual button “exit”;
- not to submit fictitious or invalid applications or other false information. The user is fully responsible for the protection of his password, as well as for all actions performed by him or by a third party through its use.
Art.14. The user has the right to:
- online access to the Provider, in compliance with the conditions and requirements for access, except in the event of circumstances beyond the control of the Provider – cases of force majeure, accidental events, problems in the global Internet;
- online access and correction of your personal data;
- to refuse to receive the goods ordered by him for purchase in compliance with the legal requirements / the Law on Obligations and Contracts, the Law on Consumer Protection /;
- to receive in full the amounts paid by him, in cases of undue payment;
Art.15. The user undertakes:
- to observe the terms and conditions for filing complaints and making requests for replacement of ordered goods, terms and conditions published on the e-commerce website www.thefamilycoffee.com and declares that it is considered bound by these terms and conditions complies with Bulgarian law, these General Terms and Conditions, Internet ethics, rules of morals and good manners;
- not to infringe another’s property or non-property rights, including intellectual property rights;
- to immediately notify the Provider of any case of committed or discovered violation when using the store;
- not to interfere with the proper functioning of the system, including, but not limited to, not to frustrate the identification procedure of another user, not to provide access beyond its provision, not to prevent other users from using the store;
- not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located in the store and thus not to create its own database in electronic or other form;
- not to impersonate another person or a representative of a legal entity or a group of people who are not authorized to represent, or otherwise mislead third parties about their identity or belonging to a certain group of persons;
- not to perform malicious actions within the meaning of these General Terms and Conditions.
In case of non-compliance with the obligations, the Provider has the right to immediately and without prior notice to suspend the access of the User and third parties to his user profile, as well as the right to compensation for all damages and lost profits, which are a direct and immediate consequence. paragraph by the User. In these cases, the Provider has the right to refer to the competent state authorities to establish the relevant violation.
Art.16. Upon termination of the contract, the Provider takes action to deactivate the user profile and delete the password to access it.
Art.17. The user can request the deletion of his account at any time. In this case, the deletion is made only after the execution of all validly submitted orders and the respective payment of the due price and delivery costs.
Art.18. The contract between the parties is terminated in the event of any of the following circumstances: termination of the activity by the Provider; termination of store maintenance; by giving one week’s notice to the other party, in case of non-fulfillment of its obligations under the contract or in other cases provided by law.
Art.19. The User is obliged to indemnify the Provider and all third parties for all damages and lost profits, including any costs and paid attorney’s fees, paid compensation, office expenses incurred as a result of claims by third parties in connection with the failure of the User under this contract, violation of Bulgarian law, applicable foreign laws, these Terms and Conditions, good manners and / or Internet ethics. The User is obliged to indemnify the Provider for all damages caused by third parties to whom he has provided his password when using the same.
Article 20 The parties declare that in case of invalidity of certain parts of these General Terms and Conditions, this will not invalidate these General Terms and Conditions, and the individual invalid clauses will be considered replaced by law by mandatory rules of law.
Art.21. All disputes between the parties shall be settled in a spirit of understanding and good will. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or its adaptation to new circumstances will be allowed in court by the competent court in the city of Plovdiv.
Art.22. The written form is considered complied with by sending an e-mail, clicking an electronic button on a page with content to be filled in by the User or marking in a field on the website of the Provider and the like, as long as the statement is technically recorded in a way that allows be played.
For the purposes of these General Terms and Conditions, the following terms and expressions used in these General Terms and Conditions have the following meaning:
“Website” is a separate place on the global Internet network, accessible through its unified address (URL) via HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, pictures, images, or other materials and resources.
“Internet page” is an integral and separate part of a website. www.thefamilycoffee.com is an e-commerce website – for the sale of goods at a distance, which are delivered after their explicit request by the User. “User” is a natural person who has reached the age of 18 or a legal entity that is registered in the Republic of Bulgaria and has agreed to these General Terms and Conditions.
“User profile” is a separate part of the site, containing information about the User, provided by him during registration and stored by www.thefamilycoffee.com, and access to the user profile is carried out by entering a username and password. The User profile allows the User to view and edit the data entered during registration, the entries in the address book, to have access to information about all their requests to purchase goods from the e-commerce store www.thefamilycoffee.com to change their access password , to subscribe, respectively to unsubscribe, to receive a newsletter, etc.
“Username” is a unique code of letters and / or numbers (his current e-mail address) chosen by the User, by means of which he is individualized in www.thefamilycoffee.com “Password” is a set of characters chosen by the User, which together with the username individualizes the same and gives him the opportunity to make valid requests for the purchase of goods and services offered at www.thefamilycoffee.com.
A “newsletter” is a regularly distributed publication on topics that may be of interest to the subscriber in receiving the publication.
“Packaging” are containers and any other devices or materials that are suitable to perform the function of containing and storing various goods offered directly to the User.
“Sale price” is the final price per unit or for a certain quantity of goods or services, including value added tax and all additional taxes and fees.
“Accidental event” is an unforeseen circumstance of extraordinary nature at the time of concluding the contract, which makes its implementation objectively impossible.
“Electronic link” is a link marked on a specific Internet page, which allows automated redirection to another Internet page, information resource or object through standardized protocols.
“Information system / System” is any individual device or set of interconnected or similar devices, which in the execution of a particular program provides, or one of the elements of which provides, automatic data processing.
“IP address” (“IP address”) is a unique identification number that associates a computer, website or resource of the User, in a way that allows their localization in the global Internet network.
“Commercial communications” are advertising or other communications representing, directly or indirectly, the goods, services or reputation of a person engaged in a trade or craft business or in a regulated profession.
“Malicious actions” are actions or omissions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial messages, spam, junk mail), overflow of channels (flood), gaining access to resources with foreign rights and passwords, use of deficiencies in the systems for their own benefit or obtaining information (hack), performing actions that may qualify as industrial espionage or sabotage, damage or destruction of systems or information files (crack ), sending “Trojan horses” or causing the installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, performing any actions that may qualify as a crime or administrative violation under Bulgarian legislation or other applicable law. The General Terms and Conditions may be changed unilaterally by the Provider, who after making the changes is obliged to notify the User by sending an e-mail and / or publishing a notice in a prominent place on the website. The changes in the General Terms and Conditions do not affect the relations between the User and the Provider, which arose with a valid application for purchase of goods submitted before the notification. The provisions of the current legislation in the Republic of Bulgaria shall apply to the unsettled issues.