Terms of Service

Section I - General

This document contains the terms and conditions for the use of the online store available at the domain: antartaspacefood.com.  Before using this online shop and its functionalities, you are obliged to read the terms of use carefully and become familiar with them in detail. When using the various functionalities of the online store, the user declares that he/she is familiar with these Terms and Conditions, agrees to the clauses, has understood them, accepts them unconditionally, and undertake to comply with them.

Art. 1 (1) This online shop is managed and administered by:
Name: ANTARTA JSC
EIC: BG206866321;
Headquarters and registered office, Sofia, Lozenets district, Arsenalski, 123
Address for correspondence: Sofia, Lozenets district, Arsenalski, 123
Phone: +359 2 96 30 543
E-mail address: office@antartaspacefood.com

(2) Control bodies in connection with the activity of the Merchant:
Name: Consumer Protection Commission
Headquarters and registered office: Sofia, 1 Vrabcha Street
Address for correspondence. Sofia, 1 Vrabcha Street

Section II - Terms used

Art. 2 For these General Terms and Conditions, the following terms shall be interpreted and understood following the definition given for each of them.

"Contract" means the contract concluded remotely between the Customer and the Merchant for the purchase and sale of lyophilized goods via the Online Shop, and these General Terms and Conditions form an integral part of that contract.

"Delivery to Address" means a service by which the Supplier sends to the Customer the freeze-dried goods requested by the Customer to a specified address. The service includes only the transportation of the requested goods to the front door of the residential building. If the building is in a gated community, the service is performed to the front door of the community. All other additional actions such as transportation to the front door of the customer's property, upstairs pick-up, etc. are subject to an additional charge and the customer must request these services additionally.

"Malicious acts or omissions" are acts or omissions that violate laws, internet etiquette, and/or harm persons connected to the internet or associated networks, such as: Sending unsolicited commercial messages (SPAM), gaining access to resources with someone else's permissions and passwords, exploiting flaws in systems for personal gain or to obtain information (HACK), committing acts that may qualify as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending Trojan horses or causing the installation of viruses or remote control systems, interfering with the normal operation of other users of the Internet and associated networks, or committing any acts in the above sense.

"Customer" means any able-bodied natural person over 18 years of age, a legal person, through his agents or any other legal entity, who is party to a contract for the purchase of goods.

"Discount Code" means a unique code, composed of numbers and/or letters, through which the Customer is entitled to preferential terms when concluding a purchase contract, such as, for example, a price reduction, free delivery or other, expressly indicated on the discount code and/or when receiving it electronically.

"Shopping Cart" is a section of the website where you can view the selected and added products in a separate user session.

"Online store" is a set of conceptual and programming solutions that include graphical and textual elements through which the sale of goods is carried out. The goal is to be a remote contract, providing the user with the ability to select goods through a shopping cart or otherwise, as well as providing customer contact information, shipping address and payment method.

"Password" is a code of letters, numbers and characters which, together with the username, identifies the user and is used to access his personal profile.

"Order" is an electronic document representing a communication form sent by the Customer to the Merchant, via the online store, through which the former expressly declares its desire to conclude a purchase contract for the goods selected by it.

"Visitor" - a natural person who has accessed the platform by entering the domain, and has the right to view the published ads, but does not have a registered account.

"User" means any able-bodied natural person over the age of 18 who acquires goods or uses services not intended for the pursuit of a commercial or professional activity, and any natural person who, as a party to a contract and acting outside the scope of their commercial or professional activity.

"Registered User" means any able-bodied natural person over the age of 18 who has successfully completed the registration process and has access details to an individual user profile through which they associate themselves with the Online Shop.

A "fortuitous event" is a circumstance of an extraordinary nature, unforeseen at the time of conclusion of the contract, which results in an objective impossibility to fulfil the contractual obligations.

"Delivery period" means the time for which the customer receives the goods he has selected through the intermediary of a forwarding company. The delivery period depends on the method of delivery chosen by the customer and the freight forwarder. The Merchant reserves the right to set a different delivery period for each individual good and/or service, in view of its type and characteristics.

"Commercial message" is any type of message sent through electronic communication channels (such as e-mail, SMS, notification, etc.), containing general and thematic information concerning available promotions, discounts, discounts for individual goods, as well as for entire categories offered by the Merchant.

Section III - Website Features.

Art. 3. (1) The website  antartaspacefood.com is an e-commerce platform where Users have the possibility to conclude contracts for the purchase and delivery of the freeze-dried goods offered by the Merchant, as well as to:

• Register and create an account on the website;
• Examine the goods on offer, becoming familiar with their characteristics, nutritional content, ingredients, prices and delivery conditions
• Receive information about new goods, services or other promotions offered through the website
• Be informed of their rights under applicable laws, and exercise them;
• Make enquiries regarding the terms and conditions of purchase or further information regarding the features of the website and the goods offered;
• Subscribe by indicating their email address to a newsletter to receive information about special offers, prices, and other news related to the website and the goods offered.

(2) The General Terms and Conditions apply whenever and in all cases when the visitor browses the online shop to benefit from its information content and functionalities. These General Terms and Conditions do not apply in the event that a written agreement has not been signed between the respective parties or otherwise agreed upon.     

Art. 4 (1) The visitor may choose between two options when using the online shop to conclude a purchase contract, namely:

1. To place an order by concluding a contract through the "Order as a guest" option or
2. Through the registration option, by creating a user profile after entering your email.

(2) In this option, the visitor enters his/her email, thus individualizing himself/herself. At the specified email, the visitor receives an access code that is valid for 15 min. The access code is entered into the website and the visitor becomes a registered user.

Section IV - Technical steps to conclude a purchase contract.

Art. 5. (1) The steps for concluding a contract for the purchase of the offered lyophilized goods shall be carried out according to the following procedure:

1. Entering a category page via the relevant menu in the navigation or on the home page
2. Selecting one or more of the goods offered by the Merchant and adding them to a list of goods to be purchased or the so-called "shopping cart".
3. Providing the necessary data to individualize the Customer party to the contract;
4. Provision of data for making the delivery;
5. Completion of the order by clicking on the "Place Order" button;

(2) After completing the order, the Customer receives an automatically generated message to the e-mail address indicated by the Customer, the purpose of which is to confirm the order.

(3) The Merchant reserves the right to refuse orders placed if unavailability, suspected abuse, or other circumstances for which it does not owe any further information. In these cases, the Merchant shall send notification electronically within 24 hours of the Customer placing the order.

Art. 6. (1) After confirmation of the order by the Merchant, the Customer shall be deemed to have concluded a distance purchase contract for the goods that were in the shopping cart at the time of clicking the "Order" button. The contract is stored in the Merchant's database in the online shop.

(2) Upon conclusion of the contract, the Merchant is obliged to arrange delivery and transfer ownership of the ordered goods. The Customer shall be entitled to correct errors in the input of information, but no later than the receipt of confirmation from the Merchant of the order sent to the email address provided by the Customer.

(3) The Merchant sends a message via the e-mail provided in the order process, which contains information about the order.

Art. 7. (1) The parties to the distance purchase contract agree that all statements between them in connection with the conclusion and performance of the contract may be made electronically and by electronic statements.

(2) Electronic statements made by visitors to the website are presumed to have been made by the people indicated in the data to be provided when carrying out the relevant action (registration of a user profile, request for conclusion of a distance purchase contract, sending a message to the Merchant, etc.).

Art. 8. (1) All prices indicated in the online shop are in Bulgarian levs and euros, including value added tax (VAT), as well as all other taxes and fees, unless otherwise expressly stated.

(2) The Customer may fulfil his obligation to pay the price of the ordered goods by one of the following methods:

1. By credit or debit card (MasterCard, MasterCard Electronic, Maestro, Visa, Visa Electron, etc.), using Stripe's payment instrument;

(3) The Merchant reserves the right to limit the available payment methods for certain products or for certain delivery regions.

(4) Each payment made to the Merchant shall be issued with a supporting document (receipt, incl. in electronic format or invoice), which shall be sent to the Customer in the original with the shipment or as an attachment to an electronic message by the Merchant.

(5) If payment is not received within 3 working days from the date of order confirmation, the Merchant shall be entitled to cancel the order. Upon cancellation of an order, the Merchant shall notify the Customer by e-mail or telephone.

(6) In case of a wish to issue an invoice to a legal entity, the respective representative shall indicate this at the time of ordering, and provide the necessary data for this (Name of the legal entity, UIC, Registered office and address, MOL)

(7) The merchant is entitled to refuse to issue invoices if the customer's request is not sent within 5 working days of the order being sent.

Art. 9. (1) The Merchant may organize promotional campaigns within which he offers discounts on the prices of products or other special conditions.

(2) The conditions of promotional campaigns, including their validity period, shall be published in the online shop.

(3) Promotional offers and discounts shall be valid until the quantities are exhausted or until the expiry of the promotional period, whichever is earlier.

(4) Users and Customers are not allowed to combine different promotions and discounts unless expressly stated otherwise.

Section V - Rights and Obligations of Visitors, Customers and Registered Users

Art. 10. (1) Visitors have the rights as follows:

1. To browse the contents in the online shop, inform themselves, and to further conclude a distance purchase contract;
2. To contact the Merchant by using the enquiry form if they need further information about goods, ingredients, and allergens or if there is a problem with the use of the online shop;
3. Fill in their personal data to subscribe to a newsletter, order "As a guest" or create a user account by registering;

Art. 11. Visitors undertake to:

1. Use the online store in accordance with applicable Bulgarian or legislation and these Terms and Conditions;
2. Be liable and indemnify the Merchant in the event of damage if the data they have provided is incorrect, incomplete and outdated;
3. Not undertaking malicious acts or intentional omissions insofar as through them there may be an obstacle or negative influence related to the functioning of the online store;
4. Do not attempt to gain unauthorized access to the servers that the Merchant maintains;
5. Do not make available to third parties, for commercial or non-commercial purposes, any content, information, technology, or know-how that has been extracted from the website, without the express permission of the Merchant;
6. Not copy, modify, reproduce or distribute the information from this website for purposes other than those directly related to the purpose of the website, without the express prior written consent of the Merchant;
7. Not violating the rights and legitimate interests of the Merchant;

Art. 12. The Customers shall have the rights described in Article 10, and together with them shall have the right to:

1. Conclude distance purchase contracts;
2. Exercise their right of return in case of defects in the goods, as well as the right of withdrawal in the presence of the relevant prerequisites by law or according to these General Terms and Conditions; 
3. Receive preferential discounts and/or conditions when ordering goods;

Art. 13. The Customers have the obligations described in art. 11, and together with them undertake to:

1. Inspect and, accordingly, accept the goods delivered to them if they have been sent by the Merchant to the address or office of the freight forwarder indicated, correspond to the quantity and quality requested and that there are no apparent defects;
2. Pay the price for the ordered goods when placing the order by card payment, the method to be chosen before the final step of the purchase and delivery contract;
3. Pay the delivery price whenever the goods are transported from the Merchant's registered office to the address they have specified;
4. Maintain up-to-date and correct information about the personal data they share or fill in when requesting an order and concluding a distance purchase contract;

Art. 14. Registered Users shall have the rights set out in Article 10, but shall also have the right to:

1. Benefit from special promotions and discounts, the conditions for their use are determined by the Merchant;
2. View their previous order history through their user account;

Art. 15. Registered users have the obligations set out in Article 11, but along with them they also assume the obligation to keep up-to-date and correct the information related to their personal data that they share in their user account or when they fill it in when placing an order.

Section VI - Rights and Obligations of the Merchant

Art. 16. The Merchant shall:

1. Maintain the online shop in good technical order by promptly rectifying any technical problems or deficiencies it has identified or of which it has been notified by a third party;
2. Take measures to protect the privacy and personal data of visitors, customers and registered users always.
3. Notifies visitors, customers and registered users in an appropriate manner and within a reasonable time of changes relating to the Terms and Conditions, the Privacy Policy, and any other significant changes that directly affect privacy and personal data;
4. Deliver in the appropriate quantity and quality the goods ordered;
5. Deliver the order within the time specified in its processing;
6. Resolve the discrepancy as soon as possible or compensate the Customer if upon delivery of the goods a discrepancy with the order is found;
7. If unable to fulfil the contract, notify the Customer within a reasonable time, but not later than 24 hours from the time the order is placed by the Customer;

Art. 17. The Merchant is entitled to:

1. Send newsletters and other communications to third parties, subject to their express consent to do so, and to send replies to enquiries made to it;
2. Receive the price quoted at the time of order request, before or after fulfilling the obligation to deliver the goods subject to the distance purchase contract;
3. Temporarily or permanently discontinue the offer of individual goods available for order via the online shop, without the need to notify all interested parties in advance;
4. Make offers, setting the price itself, for the conclusion of a contract for the purchase of the goods offered via the online shop;
5. Provides promotional codes to individual customers or a group of customers, under the conditions set by him, without any obligation to explicitly notify other third parties using the online shop;
6. Blocks the access of certain visitors or customers who violate these General Terms and Conditions of Use, as well as the rights of third parties;
7. To use external contractors in respect of individual activities, such as the processing of orders or their delivery to customers;
8. Store and process the personal data provided by third parties where there is their explicit consent or legal basis to do so, in accordance with applicable law;
9. Share personal data with third parties who have a role in the management, maintenance and development of the online store, if it is responsible for their actions as its own and in accordance with the Privacy Policy;
10. Send advertising and/or commercial messages by electronic means to third parties, subject to their express consent;

Section VII - Terms of Delivery

Art. 18 (1) The Merchant is responsible for the organization and delivery of the goods(s) to be delivered by using an external forwarder. The handover to a forwarder shall take place within 24 hours of the time of confirmation of order, but no later than the first working day, unless there are objective reasons for the delay.

(2) Customers have the right to choose a freight forwarder to deliver the respective goods subject to the distance purchase contract. They have the right to choose whether the goods are to be delivered to an address indicated by them or to an office of the respective forwarder.

(3) The Merchant shall deliver the goods which are the subject matter of a distance purchase contract within the territory of the European Union.

Art. 19 (1) Provided that the Merchant cannot deliver the goods(s) subject to the distance purchase contract because they are out of stock, he shall notify the customer thereof within 24 hours from the time he becomes aware of the lack of stock.

(2) In the event of impossibility of performance due to lack of availability and prior payment by the customer, the Merchant shall refund the said amounts as soon as possible, but not longer than 10 working days

(3) The Merchant shall pack the Goods in a suitable manner to preserve their integrity and original appearance until they are handed over to the relevant Customer.

Art. 20 (1) The delivery period depends on the destination and the chosen delivery method and is usually between 1 and 5 working days for the territory of Bulgaria and between 3 and 10 working days for the other Member States of the European Union, starting from the moment of order confirmation.

(2) In the case of promotional campaigns, including during national holidays in the Republic of Bulgaria, the delivery period may be extended to 10 working days.

(3) In the event of incorrect data required for delivery, as well as in other cases in which due to the volume and/or nature of the order, or due to unforeseen circumstances, a longer delivery period than that specified in the preceding subparagraphs, the Customer shall be notified in a timely manner.

(4) All Customers are informed that it is not possible to merge orders, add or remove products from orders already completed and each order is processed and delivered separately, according to the order of receipt.

Art. 21. (1) The delivery costs shall be paid by the customer and shall be based on:

1. The total value of the order
2. The weight and volume of the products ordered
3. Delivery address
4. Method of payment

(2) Information on the specific amount of the delivery costs shall be provided to the Customer prior to finalizing the order.

(3) For orders over a certain value, the Merchant may offer free delivery for the territory of Bulgaria. If such an option is available, information about the minimum value of the order to be sent with free shipping is published in the online store.

Art. 22. (1) The customer, respectively the third party, is obliged before acceptance to examine the goods for obvious defects, including:

1. To examine the appearance of the packaging for visible damage
2. If there is any visible damage to the packaging, note this in the transport document before signing it.
3. Open the package in the presence of the courier if the package is visibly damaged
4. Check that the products received correspond to those ordered

(2) In the event of a circumstance listed in paragraph 1, the Customer shall immediately notify the Merchant. If this is not possible, he should NOT accept the goods until he establishes contact with the Merchant by telephone or e-mail.

(3) If the actions referred to in the first sentence of the above paragraph are not carried out, the goods shall be presumed to have been approved, and the Customer shall lose the right to later claim that the same were delivered with manifest defects or shortages. An exception to this rule shall only apply to products dispatched other than those requested in the relevant order.

Art. 23. (1) The goods shall be handed over to the customer respectively to a third party who accepts and acknowledges receipt of the same on behalf of the customer.

(2) Upon delivery of the goods, the Customer or the third party shall sign the accompanying documents.

(3) The risk of accidental loss or damage to the products shall pass to the Customer from the moment of their delivery to the Customer or to a third party designated by the Customer other than the carrier.

Art. 24. (1) If the Customer or a person authorized by him is not found at the address indicated for delivery at the agreed time or does not visit the chosen office of the courier, the courier shall, within 3 days after receipt of notification of receipt of the parcel, leave a notice with information about a second attempt at delivery or the possibility of collection from the office of the courier company.

(2) If the Customer does not receive the shipment within the time specified by the courier company (usually between 3 and 7 business days from the first delivery attempt), the shipment shall be returned to the Merchant.

(3) In the case of a returned shipment due to reasons for which the Customer is responsible, the Merchant shall be entitled to:

1. Offer redelivery at the Customer's expense;
2. Cancel the order and refund the amount paid, less than the original delivery costs;

 

Section VIII - Return Policy.

Art. 25. (1) Upon receipt of the goods, the Customer shall comply with his obligation to inspect the goods and, if he finds any obvious defects, notify the Merchant immediately thereof.

(2) If the Customer fails to inform the Merchant of such defects, the goods shall be deemed to have been approved, and accordingly, the Customer shall lose the right to later claim such defects.

Art. 26 (1) A Customer who is a Consumer within the meaning of the Consumer Protection Act shall have the right, without compensation or penalty and without giving any reason, to withdraw from the distance contract within 14 days from the date of:

1. Acceptance of the products by the Consumer or by a third party other than the carrier and designated by the Consumer, or
2. Acceptance of the last product, where the Consumer has ordered several products in one order, which are delivered separately, or
3. Acceptance of the last shipment or part when the goods consist of multiple shipments or parts

(2) The right of withdrawal shall not apply to sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection, or in other cases provided for under applicable law.

Art. 27. (1) In order to exercise his right of withdrawal, the Consumer must notify the Merchant of his decision before the expiry of the 14-day period by:

1. The withdrawal form provided by the Merchant, or
2. An unequivocal statement expressing the decision to withdraw from the contract sent by e-mail, telephone or ordinary post

(2) The consumer has exercised his right of withdrawal within the time limit if he has sent the notice of exercising his right of withdrawal before the expiry of the 14-day period.

(3) The burden of proof for the exercise of the right of withdrawal lies with the User.

 

Art. 28 (1) If the legal prerequisites for the exercise of the right of withdrawal are met, the Merchant shall, within 24 hours, send confirmation of the exercise of the right of withdrawal.

(2) The Customer shall be obliged to send back the goods he has received, with the transport costs for the return being at his own expense, after receiving confirmation from the Merchant of the exercise of the right of withdrawal. It is not allowed to return goods with a cash on delivery, payable by the Merchant and equal to the amount to be refunded.

(3) The Merchant shall refund the amount received no later than 14 days from the date on which it was notified of the Customer's decision to withdraw from the contract, by bank transfer to an account specified by the Customer.

(4) Until the return of the goods(s) in respect of which the Customer's right of withdrawal has been exercised, the Merchant shall be entitled to retain the amount paid.

Art. 29. (1) Customers who are consumers have the right to engage the liability of the Merchant if there is a non-conformity of the goods with what is advertised on the website, but not later than 14 days from the establishment of the non-conformity with the contract. To engage the liability of the Merchant, the identified defects should not be the result of the Customer's culpable conduct. The non-conformity of the goods should be understood as:

1. Different ingredients from those stated;
2. Different allergens than declared;

(2) The exercise of the right of complaint under par. (1) shall be exercised by completing and submitting the claim form available in the "Annexes" section, as well as by submitting photographs that establish the discrepancies.

(3) Upon receipt of the completed form referred to in para. 2 by the Merchant and after ascertaining the lack of conformity, the customer shall be entitled to receive the goods and/or services that conform to the contract, at the expense of the former.

(4) If delivery of the goods in conformity with the contract proves impossible, the Customer shall be entitled to:

1. Reduction of the price;
2. Cancellation of the contract.

(5) The price paid for the respective products subject to the right under paragraph (4) shall be refunded back to the customer to the bank account indicated by him within 14 days of confirmation of the exercised right.

Section IX - Special provisions applicable to people who have the capacity of consumer

Art. 30. The rules of this section of these General Terms and Conditions shall apply only to people who, according to the data provided for the conclusion of the purchase contract or during registration on the website, can be inferred to be consumers within the meaning of the Consumer Protection Act.

Art. 31. (1) The main characteristics of the goods offered by the Merchant in the online shop are defined in the product page of each product.

(2) The price of the goods offered including all taxes and fees shall be determined by the Merchant and shall be indicated on the product page of each good.

(3) The value of postage or shipping costs not included in the price of the goods shall be determined by third party couriers and shall be provided in absolute value to Users upon selection of the goods and prior to the conclusion of the purchase contract.

(4) The information provided to Users under this Article shall be up to date at the time of its display in the online store and prior to the conclusion of the purchase contract.

Art. 32. The User agrees that the Merchant is entitled to accept advance payment for the concluded contracts for the purchase and delivery of goods.

Art. 33. (1) If the right of withdrawal is exercised, the Customer undertakes to store the goods received from the Merchant on the platform and to ensure that their quality, quantity and commercial appearance are preserved during the period referred to in par. 1.

(2) In case of cancellation of the contract by the Customer, the Merchant shall refund the amount paid within 14 days after receipt of the returned goods, by bank transfer to a bank account specified by the Customer and subject to the following requirements:

1. Goods returned and received by the Merchant in good commercial condition, without damage to their packaging and integrity.
2. In the presence of a credible proof of purchase of the goods from the Merchant.

(3) In the case of delivery of goods that are delivered promotionally together with other goods in a bundle (so-called bundle goods), when exercising the Consumer's right of withdrawal under this Article, the Consumer shall be refunded the corresponding reduced amount of the individual price of the goods taking into account the ratio of the prices of the goods in the e-shop when not purchased together (i.e. the ratio between the reduced prices of the goods).

(4) Notwithstanding the above, the User shall be obliged to return the goods in a merchantable condition that allows their subsequent sale, unless the unpacking of the goods results in an obvious impairment of the merchantable condition of the goods. In the event of a violation of the commercial appearance of the goods, the Merchant shall have the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer the costs of restoring the goods to a commercial appearance, but not more than 25% of the value of the goods concerned.

(5) In case of exercising the right of withdrawal under this Article, the Consumer shall be deemed to have also exercised the right of withdrawal in respect of the bonus content belonging to the goods. The value of the bonus content shall not be refunded to the customer, but it shall be returned together with the main goods.

(6) Upon acceptance of the goods in respect of which a right of withdrawal has been exercised under this Article, the Merchant shall inspect the goods and may refuse acceptance if it finds that the returned goods are different from those delivered to the Consumer.

(7) In the event of a pattern of orders and their refusal at short intervals, as well as in the event of an order of an unusually large quantity of goods from the same person, the Merchant shall have the right to refuse acceptance of the goods.  In this case, the Merchant shall make a good faith effort to ascertain the reasons for this and the factual situation.

Section X - Liability.

Art. 34. In the event of non-fulfilment of these General Terms and Conditions due to force majeure, neither party shall be liable for the non-fulfilment of its contractual obligations. For a circumstance to be force majeure, the parties expressly accept that the following conditions must cumulatively exist:

- Foreseeability of the event;

- exceptional nature;

- a causal link between them and the impossibility of performance.

(2) If within 14 (fourteen) days of the date of the relevant event, it is not terminated, neither party shall be entitled to notify the other party that it is terminating the contract without owing the other any compensation for any damages it may have suffered.

Art. 35. (1) The Merchant shall not be liable for pecuniary and/or non-pecuniary damage suffered by the Customer or other persons in the event of inability to use the online shop, unless an exceptional fault is proven.

(2) The rule in paragraph 1 shall also apply in relation to the type of content presented; errors or damage due to viruses that may affect the Customer's computer equipment, software, data or other property due to actions taken, including the use or browsing of the online shop, or the user's downloading of material from the online shop or websites linked to it.

Art. 36. The Merchant shall not be liable for the content of advertising materials, social media banners, including without limitation, any error, omission or inaccuracy therein.

Art. 37. The Merchant shall be liable for:

1. Failure to arrange delivery and hand over the goods to an appropriate courier within a reasonable time;
2.  Failure to perform the contract in quantity or quality;
3. The presence of latent defects, which are covered as a risk by the statutory guarantee;
4. Breach of the merchantability of the goods during carriage by the freight forwarder;

Art. 38. (1) The Merchant shall make reasonable efforts to ensure that the information in the online shop is accurate and up-to-date, but does not guarantee that it is comprehensive, complete, or error-free.

(2) Information about products published in the online shop, including photographs, descriptions, features, and prices, may contain technical inaccuracies or typographical errors. The Merchant reserves the right to correct such errors without prior notice.

(3) The Merchant shall not be liable for decisions made by the User or the Customer based on information published in the online store.

Art. 39. (1) The limitations of liability provided for in this Section shall apply to the maximum extent permitted by applicable law.

(2) Nothing in these Terms and Conditions shall exclude or limit the Merchant's liability which cannot be excluded or limited under applicable Bulgarian law. 

Section XI - Protection of Personal Data

Art. 40. (1) The Merchant shall take measures to protect the User's personal data in accordance with Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals about the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) and the Data Protection Act. The Provider processes the personal data of Users based on Art. 6 para. 1, б. "b" of the GDPR - the processing is necessary for the performance of a contract to which the user is a party or based on Art. 6 para. 1, б. "a" of the GDPR - based on explicitly granted consent.

(2) The Merchant has made public the information concerning the personal data it processes and the purposes for which they are processed, and all information required under Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) in the Privacy Policy.

(3) The Merchant processes personal data of third parties for the purposes of marketing only with their explicit consent, which they may withdraw at any time.

Art. 41 (1) For direct marketing purposes, the Merchant may process or store personal data only based on prior and explicit consent.

(2) Any data subject shall have the right to withdraw his or her consent to processing for direct marketing purposes at any time, and the withdrawal shall not affect the lawfulness of the processing carried out up to the time of withdrawal of consent.

Art. 42 In order to ensure the security of personal data and prevent unauthorized access, when exercising the rights of users relating to their personal data, the Merchant will only communicate and provide information to the email address that the registered user or customer has indicated when using any of the functionalities in the online store.

Section XII - Intellectual Property Rights

Art. 43. (1) All content of the online shop, including but not limited to the logo, any graphic images, inscriptions, trademarks, dynamic symbols, texts and/or other multimedia content are the exclusive property of the Merchant, unless otherwise agreed with the respective copyright holder.

(2) The Merchant owns all copyrights relating to the online shop, whether they are its own or obtained on a contractual basis. Any content to which people have access when visiting the online shop is subject to regulation by these terms and conditions.

(3) Any person is entitled to download, transfer and/or use the content solely for personal non-commercial purposes, provided that such actions are not contrary to copyright and related rights under applicable Bulgarian law or do not violate the rules of these General Terms and Conditions.

(4) The use of the content for commercial purposes is only permissible after obtaining written consent from the Merchant. Any subsequent or different use of the content that is not agreed and approved by the Merchant shall be deemed to be a breach of these General Terms and Conditions, including a breach of the Merchant's intellectual property rights, who shall be entitled to hold the relevant person liable.

(5) In the case of content used which has a reference link to this online shop or indicates its authorship right, this circumstance shall not be deemed to be consent given by the Merchant.

(6) Any use of the content for purposes other than those expressly permitted in these terms and conditions or other express written consent given by the Merchant is prohibited.

Section XIII - Amendment of Terms and Conditions. Termination of the legal relationship between the parties.

Art. 44. (1) The Merchant may unilaterally amend and/or supplement these General Terms and Conditions at any time.

(2) Amendments to the General Terms and Conditions may be imposed at the initiative of the Merchant in order to improve the quality of the services provided, to introduce new products (such as new varieties of wines, accessories, etc.), to optimize processes, as well as in the event of changes in legislation, changes in economic conditions, the company's commercial policy or other material circumstances.

Art. 45. (1) Changes to the General Terms and Conditions shall enter into force and become binding for users and customers from the date specified in the notice of change, but not earlier than 14 (fourteen) calendar days from the date of their publication on the website, unless otherwise required by an applicable regulatory act.

(2) All orders placed and confirmed after the effective date of the changes shall be governed by the current (amended) General Terms and Conditions.

(3) Changes to the General Terms and Conditions do not affect the rights and obligations under purchase contracts (including confirmed orders) which were concluded before the effective date of the respective changes.

Art. 46 (1) All statements of the Merchant addressed to the other party in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address indicated when registering a user account. Registered Users expressly agree that electronic communications sent pursuant to this Article need not be signed with an electronic signature to be effective against them.

(2) The Merchant shall be entitled to notify all visitors and/or customers of amendments to these Terms and Conditions by means of a publication in a visible place in the online shop as well as on social networks.

Art. 47. (1) These General Terms and Conditions and the legal relationships governed by them shall be terminated, in whole or in respect of a particular user or customer, in the following situations:

1. In the event of the Merchant ceasing to trade, opening liquidation proceedings or being declared bankrupt;
2. By mutual written agreement between the Merchant and the consumer or customer concerned to terminate their specific contractual relationship;
3. When an objective and permanent impossibility arises for any of the parties to an individually concluded contract to fulfil its obligations under it;
4. In the event of coercive measures taken by the competent state authorities, such as seizure or sealing of the Merchant's key assets, or in the event of the imposition of an official ban on the conduct of its business activities, which objectively prevent the provision of services through the online store;
5. In the event of termination of the individual contract with a visitor, registered user, or customer (including by restricting or permanently blocking their access to the functionality of the online store) due to a breach of these Terms and Conditions by them;
6. In all other cases, expressly provided for as grounds for termination under applicable Bulgarian law.

Art. 48. The Merchant shall have the right to terminate the contract unilaterally at its own discretion, without notice and without compensation, if it finds that the other party is using the online store in violation of these General Terms and Conditions, applicable legislation, generally accepted moral standards or generally accepted rules in e-commerce.

Section XIV - Transitional and final provisions

Art. 49. (1) These General Terms and Conditions, which regulate the legal relations between the Merchant and the visitors of the online store, are in accordance with and shall be applied in accordance with the Bulgarian legislation.

(2) All disputes between the parties shall be resolved in a spirit of understanding and goodwill. If 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 their interpretation, invalidity, performance or termination, shall be resolved by the court of competent jurisdiction under applicable law.

(3) In the event that legislation in the customer's Member State grants him rights which are not available under Bulgarian law, the customer may avail himself of them and the Merchant shall comply with the relevant legal provisions. 

Art. 50. (1) Communication between the Merchant and the Customer shall take place through the contact details provided by the Customer when placing the order or through the contact information published on the website of the online store.

(2) Electronic statements exchanged between the parties shall be deemed to have been received when they are received in the information system indicated by the addressee.

Art. 51 (1) The parties to this Agreement undertake to protect each other's rights and legitimate interests, as well as to protect trade secrets and confidential information that have come to their knowledge during the performance of the contract and these General Terms and Conditions.

(2) The parties undertake during and after the term of the contract not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc. may be considered as public domain.

Art. 52. In the event of a conflict between these General Terms and Conditions and stipulations in a special contract between the Merchant and the other party, the provisions of the special contract shall prevail.

Art. 53 In the event of invalidity of any of the provisions of these general terms and conditions, the parties agree that this shall not invalidate the entire contract.

Art. 54. In the event of a dispute, each Customer of the Online Shop is informed of the possibility of resources to a conciliation commission in accordance with the applicable law, a mediation procedure, EU online dispute resolution or another alternative dispute resolution method.

(2) For cross-border disputes within the European Union, Consumers may use the European Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/. 

Art. 55. These General Terms and Conditions come into force for visitors to the Online Shop as of 13.06.2025 and apply to all orders placed after that date.

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