1. SUBJECT
1.1. These general terms and conditions are at the same time conditions for the use of the horecabg.com online store, which govern the rules for the use of horecabg.com, as well as the conclusion of a sales contract with the company HOREKA GROUP SI LTD through the horecabg.com platform.
1.2. HORECA GROUP SI LTD is the owner and administrator of the horecabg.com online store, and for the purposes of these general conditions, the company will be referred to below as Ohorecabg.com.
1.3. HOREKA GROUP SI LTD with EIC 205783207 is a company with its registered office and management address in the town of Petrich 2850, Blagoevgrad Region; Petrich Municipality, Lazar Madzharov St., No. 10. You can contact horecabg.com at the indicated address, by phone 0700 800 91, 0897078624 or by email: e-shop@horecabg.com
2. GENERAL PROVISIONS
2.1. The general terms and conditions of horecabg.com are binding on all Customers of the Platform.
2.2. Any use of the Platform means that you have carefully read the general conditions for its use and agree to comply with them.
2.3. The General Terms and Conditions may be changed unilaterally by horecabg.com at any time by updating them, the changes taking effect immediately and binding on all Customers of the platform. In this sense, each Customer is obliged to check for changes to the general terms and conditions of the Platform at each use. horecabg.com has the right to make changes to the terms of use at any time at its sole discretion or if they are imposed by virtue of an effective regulatory act.
2.4. If any of the provisions of these general terms and conditions for use of the Platform are found to be invalid or unenforceable, regardless of the reason for this, this does not invalidate these general terms and conditions.
2.5. horecabg.com makes every effort to maintain the accuracy of the information presented on the Platform. However, given the possible technical errors or omissions in this information, horecabg.com clarifies that product images are illustrative and indicative in nature, and the delivered products may therefore differ from the images.
2.6. The features and prices of the products described on the Platform may be changed at any time. Due to technical reasons, it is possible that they contain errors, for which horecabg.com apologizes to its Customers in advance.
2.7. It is possible that, due to limited space and the sequential structure of the information, the product descriptions are sometimes incomplete. However, at horecabg.com we strive to provide the most relevant and relevant information.
2.8. All goods, including those in promotion, are sold and delivered while supplies last, even if this is not explicitly stated on the Platform.
2.9. The Platform may contain links to other sites. horecabg.com is not responsible for the privacy policy of websites it does not administer, and for any other information contained therein.
3. CONCLUSION OF CONTRACT
3.1. The Customer declares his desire to order and buy the Goods and/or Service through the Platform by placing an Order electronically or by telephone, which is respectively registered by himself or by an employee of horecabg.com on his behalf.
3.2. horecabg.com, by electronic means (email) or by telephone, notifies the Customer of registering the Order in its system, which does not constitute acceptance, confirmation or commitment to its execution.
3.3. The Seller has the right not to deliver part or all of the Goods or not to perform part or all of the Services of the Order for various objective reasons, including but not limited to the exhaustion of their availability. In all cases, horecabg.com notifies the Customer of this, by email or by phone, and the sole responsibility of the Seller is to return any amount received in advance.
3.4. The distance sales contract between the Seller and the Customer is considered to be concluded at the moment of confirmation of the order by phone or email. The sales contract concluded between the Customer and the Seller consists of the present general terms and conditions and any additional agreements between the Seller and the Buyer.
4. ONLINE SALES POLICY
4.1. Access to the platform is free and anyone can place an order.
4.2. horecabg.com reserves the right, with or without reason, to limit any Customer's access to the Platform, the ability to place an order or any of the payment methods. In this case, the Customer's sole right is to contact horecabg.com in the above ways to be informed about the reasons that led to the imposition of the restrictions. horecabg.com is not responsible for any damages that the Customer has suffered or may suffer as a result of this decision, regardless of its correctness or reasonableness.
4.3. The Customer has the right to post opinions about Goods and/or Services, as well as to contact horecabg.com at the addresses indicated in the "contacts" section of the Platform. Comments or messages that contain profanity or inappropriate language will be removed from the Platform or ignored.
4.4. Communication with the Seller can be carried out through direct contact with him or at the addresses indicated on the Platform in the "Contact" section.
4.5. horecabg.com may publish advertising or promotional information about the Goods and Services offered by it.
4.6. All prices of Goods and/or Services on the Platform are final (including VAT and any other taxes or fees required by law).
4.7. In the case of online or bank payments, the Seller is not responsible for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in cases of currency exchange, applied by the bank that issued the Customer's card, in cases where the currency is different from BGN. Therefore, horecabg.com recommends that its Customers check with their bank for any additional fees that may be charged to them for online or bank payments for Products sold by horecabg.com.
4.8. All images on the Platform are exemplary and their purpose is to create some idea of the type of Product/Service offered. Accordingly, it is possible that some of the images of the Goods and Services on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Goods or may create a wrong impression of the Service offered. Seller shall not be liable for such discrepancies.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The content, as defined in the "Definitions" chapter, including but not limited to logos, but any graphic images or inscriptions, commercial symbols, dynamic symbols, texts and/or multimedia content of the Platform, are the exclusive property of horecabg.com.
5.2. horecabg.com owns and reserves all intellectual property rights related in any way to the Platform, whether owned by it or obtained through contractual licenses or in any other lawful manner.
5.3. The Customer has no right to transfer, sell and distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of horecabg.com.
5.4. Any Content that the Customer accesses, regardless of the means, is subject to regulation by these general terms and conditions.
5.5. The Customer may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this does not contradict the provisions of this chapter of this document.
5.6. The Customer is entitled to use the Content for commercial purposes only and only if it has obtained horecabg.com's written consent to do so and only to the part of the Content in the manner and extent of use, and only for the time for which such consent is expressly given. Any other or different use of the Content will be considered a violation of this agreement between horecabg.com and the Customer and a violation of the intellectual property right of horecabg.com, which is entitled to hold the Customer responsible for it.
5.7. Sending or forwarding the Content or parts thereof to the Customer by horecabg.com shall not be deemed as consent by horecabg.com to the Customer's use of the Content or parts thereof for its purposes other than its personal needs, regardless from the shipping method.
5.8. Any use of the Content for any purpose other than as expressly permitted in these terms and conditions or as otherwise expressly permitted in writing by horecabg.com is prohibited.
6. ORDER
6.1. The Customer can place Orders on the Platform by adding the desired Goods and Services to the shopping cart, following the steps indicated on the Platform to complete and send the relevant Order.
6.2. Each Product and Service added to the shopping cart can be purchased if available. Adding the Product and Service to the shopping cart without completing the Order does not lead to the registration of the order.
6.3. The Customer undertakes and is responsible for ensuring that all data provided to horecabg.com in connection with the Order is true, complete and accurate as of the date of dispatch of the Order.
6.4. By sending the order, the Customer authorizes horecabg.com to contact him by phone to confirm the order and shipping details.
6.5. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer in the following cases:
• non-acceptance by the Client's issuing bank of the transaction for online payment;
• carrying out the monetary transaction, which, however, does not result in the receipt of funds to the Seller's account during online payment;
• the data provided by the Client in the Platform are incomplete and/or wrong;
• for other reasons at the discretion of the Seller;
6.6. The Customer will bear all direct costs of returning Products offered by horecabg.com in the event that he withdraws from the Remote Contract and so requests within the withdrawal period provided by horecabg.com. This term begins to run from the date of finalization of the order. For more information, read the Returns and Warranty terms.
7. CONFIDENTIALITY
7.1. The customer agrees that by providing any of his personal or other data to horecabg.com, he agrees that it may be used by horecabg.com for the following purposes:
• Maintaining the Customer's account, including registering orders, sending ordered products, performing the ordered services, invoicing, resolving disputes with Customers regarding their Orders or considering their requests;
• Sending Newsletters or periodic notifications by e-mail or via a short text message over a mobile network;
• Conduct market research, track and monitor sales and customer/consumer behavior.
7.2. The Customer agrees to grant horecabg.com unlimited volume and time access to any materials and information it sends to the Seller through or in connection with the Platform, regardless of whether it has placed an Order and completed a transaction through the Platform. horecabg.com has the right to use, reproduce, publish, modify, transmit and distribute this information or materials.
7.3. By providing his personal data to horecabg.com (including email), the Customer gives his express consent to be included in horecabg.com's database and to be contacted by horecabg.com or courier companies for the purpose of delivery.
8. RECEIPT OF BULLETIN
8.1. When creating an account on the platform, the Client has the opportunity to express his consent to receive the Newsletter.
8.2. Opt out of receiving the Newsletter The Customer can express at any time using the special link found in each Newsletter, by changing the settings in his account to receive the Newsletter or by contacting horecabg.com and declaring his refusal to receive the Newsletter .
8.3. The refusal to receive Newsletters does not mean an automatic refusal of the given consent to enter into this contract.
9. INVOICING - PAYMENT
9.1. The prices of the Goods and Services announced on the Platform are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.
9.2. The price, method of payment and payment term for issuing invoices are specified in each Order. For orders of products offered by horecabg.com worth more than BGN 1,500, it is possible for the Seller to require the goods or services to be paid in advance by bank transfer or bank card.
9.3. The customer is obliged to provide all the necessary information for issuing the invoice in accordance with the current Bulgarian legislation.
9.4. The Seller will issue an invoice to the Customer for the ordered and delivered Goods / provided Services based on the information provided by the Customer.
9.5. horecabg.com only issues an invoice if requested.
10. DELIVERY OF GOODS
10.1. The Seller undertakes to deliver the ordered and purchased Goods himself or through a courier company to the address specified by the Buyer. The latter can also be delivered to the office of the courier company, depending on the Customer's choice.
10.2. The Seller will ensure the appropriate packaging of the Goods and the dispatch of the accompanying documents. If we have omitted to send a document required for the ordered product, please contact us at e-shop@horecabg.com and we will do our best to send it additionally.
10.3. horecabg.com will deliver the Goods and provide the Services only on the territory of Bulgaria.
10.4. The terms of delivery of the products offered by horecabg.com can be found on the info page of the "Method of Delivery" Platform.
10.5. The shipping cost, if applicable, will be visible after the desired Product(s) are placed in the cart.
11. WARRANTIES
11.1. The Seller offers all Goods on the Platform with a guarantee of compliance of the goods with the Contract in accordance with the current legislation. Exceptions are made for certain categories of goods, which due to their nature cannot have a guarantee. For more information, please read the information page of the Platform "Warranty and return of goods".
12. TRANSFER OF OWNERSHIP
12.1. Ownership of the Goods will be transferred by the Seller upon their delivery to the Buyer, after payment has been made by the Buyer. Delivery of the Goods will be certified by the Buyer's signature on the transport document provided by the courier.
13. RIGHT OF REFUSAL
13.1. Any Buyer can make his complaint by completing the standard form for exercising the right to withdraw from a contract concluded at a distance according to the Consumer Protection Act and sending it by e-mail. You can copy the form from here:
STANDARD FORM FOR EXERCISE RIGHT OF WITHDRAWAL
To ……………………
/merchant name/
……………………………………………………………….
/address, EIC/
I hereby give notice that I am withdrawing from my contract for the purchase of the following goods/services:
…………………………………………………. /Description of the product/
The goods were ordered on ………………….
The goods were received on …………………. /indicate the date of receipt by the user/
…………………………………………………………………………./User Name/
Gr./s…………………………………………………………………. /User Address/
………………. …………………………….
/Date/ /User Signature/
14. LIABILITY
14.1 The Seller shall not be liable for any damages suffered by the Buyer as a result of force majeure or circumstances beyond the Seller's control, such as damages caused by manufacturing defects, etc.
15. PROCESSING OF PERSONAL DATA
15.1. horecabg.com is registered in the Bulgarian Register for the processing of personal data under no.
15.2. According to the requirements of the GDRP Regulation on the protection of personal data EU 2016/679 on the processing of personal data and their free movement, with subsequent changes and additions, horecabg.com is obliged to process personal data under conditions guaranteeing their storage and preventing their accidental loss and only for the stated purposes.
15.3. The purpose of data collection is: notifying Customers about the information in their Accounts, notifying Buyers about the status of their Orders, evaluating the offered Goods and Services, other commercial activities: advertising the Goods and Services, marketing, advertising, media, administrative, research, for market research, for tracking and monitoring sales and Customer behavior.
15.4. By filling in the data in the form for creating an Account and/or Order, the Customer declares and accepts unconditionally that his personal data will be included in the database of horecabg.com, which is registered in the Bulgarian Register for the processing of personal data under no. and gives his express and unequivocal consent to all this data being archived, used and processed for the purposes described in items 9.4 and 15.3 of these general conditions.
15.5. Each Buyer is considered to have been informed by these general conditions that he is guaranteed the rights provided for by European legislation, such as the right to information, the right to change his personal data, the right to object, the right under Art. 17, the right to go to court in the event of a violation of his rights guaranteed by EU 2016/679 for the protection of individuals regarding the processing of personal data and the free movement of such data.
15.6. Each Customer has the right to submit a written request, which contains a date and his signature, and send it to the following address: Petrich 2850, Blagoevgrad District; Petrich municipality, str. "Lazar Madzharov" 10, addressed to HOREKA GROUP SI LTD, to exercise his right to receive information about whether his personal data has been processed or not, for which he does not owe any fee.
15.7. Each Customer may exercise his right to change his personal data by submitting a written request, dated and signed, to the address: Petrich 2850, Blagoevgrad District; Municipality of Petrich, 10 Lazar Madzharov Street, addressed to HOREKA GROUP SI LTD, according to the following purposes:
• correcting, updating, blocking or deleting the data, the processing of which does not comply with EU 2016/679 on the processing of personal data and the free movement of such data, especially incomplete and inaccurate data;
• the transformation of data into anonymous ones, the processing of which is not in accordance with EU 2016/679 on the processing of personal data and the free movement of such data;
• notification to third parties to whom the personal data have been provided for processing, unless this proves impossible or involves excessive efforts compared to the legitimate interest that may be affected.
15.8. By completing the Order form on the Platform and accordingly providing the personal data, including the TIN, in order to obtain a credit, the Buyer expresses his consent to the legal entities with whom he has entered into a credit agreement regarding the offered Goods on credit to process his personal data for references contained in the database of the relevant person.
15.9. The Buyer's personal data may be provided to the prosecutor's office, the police, judicial institutions or other state bodies, on the basis and within the framework of the legal provisions and as a result of an explicit request made by them for this.
16. OTHER CIRCUMSTANCES
16.1. Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties that cannot be avoided.
16.2. If within 14 (fourteen) days from the date of the relevant event, it does not cease to operate, each party has the right to notify the other party that it is terminating the Agreement without owing the other party compensation for any damages that may have been suffered.
17. GOVERNING LAW - JURISDICTION
17.1. This contract is subject to Bulgarian legislation. Any disputes arising between horecabg.com and the Customer will be resolved by mutual agreement. If this is impossible, they will be decided before the competent Bulgarian courts in the city of Petrich, without violating the rights of consumers in the sense of the Consumer Protection Act.
18. INFORMATION REGARDING END OF USE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
18.1. End-of-use electrical and electronic equipment (WEEE) may contain hazardous substances that have an adverse effect on the environment and human health, in case it is not collected separately.
18.2. Taking into account the provisions of the Bulgarian Law on Waste Management, its by-laws and Directive 2012/19/EU on waste from electrical and electronic equipment, please note that:
• Users have the obligation not to place WEEE in places not designated for this and to collect such WEEE separately;
• The WEEE take-back and separate collection systems available to users are: WEEE separate collection points, collection centers of authorized waste recovery organizations.
• The crossed-out wheelie bin symbol indicates the need for separate collection of the EEE on which it is placed.
19. DEFINITIONS
19.1. Buyer - a person aged 18 or over who has entered into a distance purchase and sale contract through the horecabg.com electronic store
19.2 Seller – HOREKA GROUP SI LTD
19.3. The platform – the horecabg.com domain
19.4. Customer - any natural or legal person or other legal entity that uses the Platform in any way, including, but not limited to, browsing it, placing orders through it, purchasing, returning goods and performing any other actions through it.
19.5. Account – a section of the Platform, accessible via email address and password, which allows the Customer to send an Order and which contains information about the Customer and the history of some of his actions on the Platform (orders, tax invoices, etc.)
19.6. Favorites – a section in the account that allows the Customer to create their own lists.
19.7. Order – an electronic document representing a form of communication between horecabg.com and the Customer, through which the Customer declares to horecabg.com, through the Platform, its intention to purchase Goods from the Platform.
19.8. Product(s) – any subject of a sales contract concluded between a Buyer and a Seller through the Platform.
19.9. Contract - represents a remote contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are the present general conditions for using the Platform.
19.10. Content
• all information on the Platform;
• the content of each message from the Buyer to horecabg.com;
• any information provided (regardless of the method of provision) by an employee of horecabg.com to the Customer;
• the information related to the Goods and Services;
• data about the Seller;
19.11. Newsletter – means of periodic information about the Goods and Services and/or promotions offered by the Seller, sent electronically via e-mail.
19.12. Specifications – all characteristics and descriptions of the Goods and Services.
19.2 Seller – HOREKA GROUP SI LTD
19.3. The platform – the horecabg.com domain
19.4. Customer - any natural or legal person or other legal entity that uses the Platform in any way, including, but not limited to, browsing it, placing orders through it, purchasing, returning goods and performing any other actions through it.
19.5. Account – a section of the Platform, accessible via email address and password, which allows the Customer to send an Order and which contains information about the Customer and the history of some of his actions on the Platform (orders, tax invoices, etc.)
19.6. Favorites – a section in the account that allows the Customer to create their own lists.
19.7. Order – an electronic document representing a form of communication between horecabg.com and the Customer, through which the Customer declares to horecabg.com, through the Platform, its intention to purchase Goods from the Platform.
19.8. Product(s) – any subject of a sales contract concluded between a Buyer and a Seller through the Platform.
19.9. Contract - represents a remote contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are the present general conditions for using the Platform.
19.10. Content
• all information on the Platform;
• the content of each message from the Buyer to horecabg.com;
• any information provided (regardless of the method of provision) by an employee of horecabg.com to the Customer;
• the information related to the Goods and Services;
• data about the Seller;
19.11. Newsletter – means of periodic information about the Goods and Services and/or promotions offered by the Seller, sent electronically via e-mail.
19.12. Specifications – all characteristics and descriptions of the Goods and Services.