General Terms and Conditions

ATTENTION! Please read these Terms and Conditions carefully before using this website. If you use this website, you are deemed to have accepted and agreed to these Terms and Conditions. This website is not intended to encourage the use of alcohol. Alcoholic beverages may only be ordered by adults who have reached the age of eighteen.

These GENERAL TERMS and CONDITIONS regulate the contractual relations under distance sales / distance sales contracts between “Burgas Brewery” Ltd. and the user (s), both individuals and legal entities, on electronic (Internet) pages and services located on the domain www .pivovarnata.bg and its subdomains and using the information and trade services offered by “Burgas Brewery” Ltd. on the Site.

These General Terms and Conditions are regulated by the current Bulgarian and European legislation and in particular the Consumer Protection Act, the Electronic Commerce Act, the Wine and Spirits Act, the Copyright and Related Rights Protection Act, the Obligations and Contracts Act, the Act for postal services, etc.

DEFINITIONS:

“General Terms and Conditions” is the present document, which regulates the relations between the User / Legal Entity and the Merchant and which is the exclusive intellectual property of the Merchant within the meaning of the Law on Protection of Copyright and Related Rights of the Republic of Bulgaria.

“World Wide Web” or “Internet” is a set of two or more computer networks connected by routers and / or switches that provide data transfer between different electronic networks based on TCP / IP protocols. .

“Site” is all information that is available via the Internet, at www.pivovarnata.bg and contains texts and images representing the intellectual property of the TRADER under the Copyright and Related Rights Act of the Republic of Bulgaria and which is a virtual platform for purchase and sale of goods and aims to serve to reach an agreement between the Merchant and the User / Legal Entity in order to help implement a distance selling / distance selling contract between them regarding the goods offered on the Site.

“Territory” is the territory of the Republic of Bulgaria, where only the services of the Site can be used. The Merchant does not deliver the goods ordered through the Site outside the territory of the Republic of Bulgaria.

“Trader” is “Burgas Brewery” Ltd., a company registered in the Republic of Bulgaria, with registered office and address: Burgas, 37 Transportna Str., Registered in the Registry Agency with UIC 203178569, VAT ID BG 203178569, telephone for contact 087 667 0333, e-mail: info@pivovarnata.bg.

“User” is an able-bodied adult who has registered on the Site, with whom he has fully agreed, accepted and undertakes to comply with these General Terms and Conditions for the purchase of goods offered on the Site. Delivery of alcohol and spirits is made to the User, only if he has reached 18 years of age, which the User proves with an identity document at the time of delivery by the Courier. In case the User refuses or cannot prove that he has reached 18 years of age, the Merchant does not deliver the goods and is released from its obligation to deliver, in which case all administrative and transport costs are borne by the User.

“Legal entity” is a valid company registered in the Territory and / or sole trader or other type of legal entity under applicable law, which, through the representative and / or authorized employee of the legal entity, has registered on the Site, with which it has agreed. fully, has accepted and undertakes to comply with these General Terms and Conditions regarding the purchase of goods offered on the Site.

“Registration” is a procedure for filling in data and information from the User / Legal Entity in the form of registration, necessary for the purposes of purchase and sale of goods through the Site.

“Registration Form” is an electronic form to be completed online by the User / Legal Entity for the purposes of the Registration.

“Personal data” are the data and information provided by the User / Legal Entity at the Registration regarding individuals.

“Goods” are the products offered on the Merchant’s Site for purchase by the User / Legal Entity.

“Distance Purchase Agreement” or “Distance Sale” is a bilateral agreement between the Merchant and the User / Legal Entity, which concludes a transaction for the sale of goods through the Site.

“Request” or “On-line purchase” is the readiness confirmed by the User / Legal Entity to purchase goods to be delivered by the Merchant, and this readiness is made electronically through the Site with the ultimate goal of making a purchase. distance selling / distance selling.

“Courier” is a trader who delivers the goods purchased by the User / Legal Entity to the address specified by the User / Legal Entity and operates in accordance with the Postal Services Act of the Republic of Bulgaria.

“Working day” is every day on which the banks in the Republic of Bulgaria operate.

“Non-working day” or “Day off” is any day that is non-working (Saturday or Sunday), declared non-working according to the respective order or official holiday of the Republic of Bulgaria.

“Cash on delivery” is a method of payment made for the supply of goods and / or services within the meaning of the Postal Services Act of the Republic of Bulgaria.

“Refusal of purchased goods” is the right of the User to refuse the purchased goods through the contract of sale at a distance in accordance with Art. 50 of the Consumer Protection Act.

“Offset” is the right of the Merchant to offset its receivables from the User / Legal Entity for performed administrative, transport, courier, etc. costs subject to reimbursement by the User / Legal Entity with the receivables of the User / Legal Entity for reimbursement of the price paid in case of non-delivery and / or refusal of purchased goods.

1. Terms of use of the Merchant’s Site

By registering on the Site, the User / Legal Entity confirms and declares its agreement with these General Terms. The information services of the Site are provided “in the form in which they are published”, and the Merchant is not responsible for the accuracy of the published information. The Merchant is not responsible and does not commit to deadlines for providing information on the confirmation of orders generated by the User / Legal Entity, the status of his or other Users / Legal Entities inquiries, questions and inquiries about products, product availability and damages and / or lost profits and other losses of any kind and amount, occurred after, as a result of or due to use / inability to use (due to technical problems, prevention, administrator decisions, etc.) of the Site. The Merchant is not liable if, when using the Site or materials from it, the User / Legal Entity suffers damages consisting of damage to the equipment of the User / Legal Entity, which requires repair or repair, loss of information, etc. , as all costs related to the elimination of such damages or their compensation are at the expense of the User / Legal Entity.

By accepting these General Terms and Conditions, the User / Legal Entity is informed that the Site reflects the availability of goods at the time of inspection, given the dynamics of trade, certain goods published and listed on the Site as “available” may be exhausted upon request and may not be ordered and delivered through the Site. Until the explicit confirmation of the order by the Merchant, the generated order has the status “request” and in any case the Merchant should confirm to the User / Legal Entity the possibility / impossibility of delivery of the goods ordered through the Site, and only after confirmation and the distance sales contract concluded. It is possible that the parameters (term / method of delivery, etc.) of an order through the Site will be changed, as the Merchant is obliged to inform the User / Legal Entity about the changes made by the e-mail and / or contact phone and / or in another appropriate way, no later than the moment of sending the User / Legal Entity the message for delivery of the confirmed order to the address of the User / Legal Entity. In such cases, the User / Legal Entity should confirm its agreement with the changes made in order for the distance sales contract to be validly concluded.

In order to use the services of the Site, the User / Legal Entity must access the World Wide Web through devices that have access to Web-based content, providing all necessary access to World Wide Web equipment, including computer, mobile phone, tablet or other means of accessing the Internet. The Merchant is not responsible for any interference or technical problems hindering the use of the Site due to the quality of the computer equipment operated by the User / Legal Entity and the Internet connection. The User / Legal Entity registers on the Site by filling in all required fields in a registration form, through which the User / Legal Entity declares that it provides correct, accurate, up-to-date and complete information necessary for distance selling. The Merchant is not responsible for incorrect and / or incorrectly executed order, in case the User / Legal Entity has provided incorrect, inaccurate, outdated or incomplete information, in which case the Merchant has the right to deny further access to the User / Legal Entity to part or all of the services offered on the Site.

By accepting these General Terms and Conditions, the User / Legal Entity agrees to receive commercial communications with information about new, promotional, etc. goods on the Site, and such commercial communications are not considered unsolicited within the meaning of the Electronic Commerce Act. In case he does not wish to receive such information, the User / Legal Entity should explicitly refuse to receive it through the inquiry and contact forms specified on the Site.

2. Protection of personal data

“Burgas Brewery” Ltd. in its capacity of Administrator of personal data is entered in the “Register of personal data controllers and the registers kept by them” with identification number 203278569 and evident from the Certificate issued on 01.05.2018 by The Chairman of the Commission for Personal Data Protection, collects, stores, processes, etc. personal data of the persons to whom they relate. The Merchant is a Personal Data Administrator established on the territory of the Republic of Bulgaria and lawfully and conscientiously processes personal data in connection with the objectives of its activities – wholesale and retail trade and does not further process them in a manner incompatible with these purposes. Recipients or categories of recipients to whom personal data may be disclosed are the natural persons to whom the data relate or other persons, if this is provided for in a normative act. The Personal Data provided by the User / Legal Entity shall not be transferred to third parties for advertising and promotional purposes. party of the data subject, the Merchant is not entitled to process his data. By providing his personal data, the User / Legal Entity automatically gives his explicit consent for them to be processed. Every natural person has the right to access with a written application personal data concerning him, as well as the right at any time to ask the Merchant to delete, correct or block his personal data, the processing of which does not meet the requirements of LPPD.

3. Copyright and related restrictions

The User / Legal Entity may use all services offered on the Site for personal needs, for non-profit purposes and provided that the copyrights of the Merchant or third parties related directly or indirectly to the materials of the Site are not infringed . It is expressly prohibited to copy, process and / or publicly distribute the materials published on this Site for any purpose by the User / Legal Entity. The Merchant reserves the right to assign the rights to publish materials and other information published on the Site to third parties in addition to a written contract governing the legal relationship between the Merchant and the person publishing the information. When purchasing a product subject to copyright and / or patent rights, the Merchant does not grant any additional rights for use and distribution, except for the explicitly mentioned rights and / or licenses from the manufacturer / distributor of the product. All goods and services provided by Merchants, which enjoy protection under the Copyright and Related Rights Protection Act, are provided to Users / Legal Entities in their original form, packaging and media without any influence by Merchants under licenses and distribution rights granted by their producers and / or distributors to the Republic of Bulgaria. Links to the Site to other sites owned by third parties are published for the convenience of the User / Legal Entity. When using such a link, the User / Legal Entity does not use the service provided by the Merchant and in relation to the use of the link outside the Site, these General Terms and Conditions do not apply. The Merchant is not responsible for the information and / or content of other sites owned by third parties, and does not impose or recommend the use of these sites or the information published on them. All possible risks associated with the use of such sites are borne by the User / Legal Entity.

4. Presented goods on the Site

The information about the goods on the Site is divided into types of groups and subgroups.

The page (link) to each item listed on the Site provides information about the price, applicable VAT, the main characteristics of the product and additional information aimed at helping to make an informed choice by the User / Legal Entity when purchasing the product. The trader is not responsible for inaccuracies in the description of the goods, which do not relate to the main characteristics of the goods and does not claim the completeness of the information provided.

The Merchant reserves the right to publish names, trademarks and other information about goods in English or another language when:

(a) There is a risk of translation and loss of valuable information on the characteristics of the goods;

b) There is no generally accepted unambiguous terminology in the Bulgarian language;

c) The product itself is a carrier of information in English or another language.

All prices listed on the site are in Bulgarian levs and include VAT. In case the product has several modifications, the prices for each of the modifications are indicated on its page. The Merchant has the right at any time and without notice to make changes in the published products, services, prices and other characteristics of the goods and Users / Legal Entities are considered informed of these changes from the date of publication. The information about some of the published goods may not be updated, but in all cases the Users / Legal Entities will be notified in case of an order on the Site with an on-line purchase form before their delivery for out-of-date information on the Site related to the ordered goods. Some of the information published on the Site may relate to products that are not available and are not currently available.

5. Purchase of goods from the Site

The User / Legal Entity has the right to order all goods listed on the Site. When placing the order, the User / Legal Entity has the right to choose the type, brand and quantity of goods, payment terms, method and terms of delivery, according to the options offered on the Site. At any time before the final confirmation of the order by filling in the form for on-line purchases, the User / Legal Entity has the right to make changes in the selected goods and services. When placing an order on the Site, the User / Legal Entity enters into a contractual relationship with the Merchant for the sale of the selected item, regulated by these General Terms, and the order is considered approved after receiving confirmation from the Merchant containing all the above parameters. and according to the instructions provided on the Site. The Merchant has the right to change the prices listed on the Site at its discretion, at any time and without being obliged to notify the User / Legal Entity in advance. The User / Legal Entity is obliged to pay the price that was indicated on the Site during the execution of the order, regardless of whether it is lower or higher than the updated price. In case of technical errors in the information published on the Site, as a result of which the order cannot be executed, the Merchant has the right to refuse the order and does not owe compensation to the User / Legal Entity, except refund of amounts paid and / or deposited by The User / Legal Entity for a refused order, if any. The Merchant has the right at its discretion, depending on the type and quantity of the ordered goods, to require their prepayment before completing the purchase order by informing the User / Legal Entity to the email specified in the registration form. In case the User / Legal Entity does not agree with the prepayment, the order is considered rejected and the Merchant has no obligation to deliver the ordered Goods. The Merchant has the right at its discretion, depending on the type and quantity of the ordered goods, when ordering goods of high value and / or significant quantities, to require legal entities to enter into an individual contract for delivery of ordered goods in a form provided by the Merchant before completing the purchase order. In this case, the Site is used by the Legal Entity only as an information platform for the type and availability of goods, and the concluded individual contract is not in the nature of a distance sales contract or distance selling.

6. Customize the label

The Merchant provides the User / Legal Entity, in case they purchase certain alcoholic products (spirits) from the Site as a gift to a third party and upon request, the service: personalization of the label. This service is a free entry of the product label, as far as the product label and / or the rights granted by the manufacturer / supplier / distributor of the product to enter information on the label, in a text proposed by the User / Legal Entity and pre-approved by The trader such as length, font, content, etc., which may be a wish to the person for whom the consumer goods are intended as a gift, etc. In all cases, the text proposed by the User / Legal Entity may not be obscene, contain offensive, discriminatory, advertising, etc. such messages, to infringe the personal and copyright of a third party and / or applicable law, with the Merchant reserving the right of its choice and discretion and in any case to censor / rework the text so as not to infringe the above or to refuse to completely personalize the label. The Merchant is not liable to the User / Legal Entity in connection with the personalization and / or refusal to perform it. The User / Legal Entity is fully responsible for all and any violations in connection with the personalization and undertakes to immediately compensate the Merchant for the latter damages of any nature, losses, expenses, indemnities, etc., in connection with claims of third parties and / or imposed property sanctions by a state or municipal body in connection with personalization.

7. Payment for purchased goods and services

When paying by bank transfer, user / legal entity pays an amount equal to the value of the goods supplied under the confirmed order on the bank account of the trader and only after payment is confirmed as received and the bank account is credited with the amount trader delivery of ordered goods and services. The goods can be paid for by the User / Legal Entity and through the use of payment systems (e-pay, paypal, etc.), if such are available on the Site. The bank account of the Merchant should receive the final amount due from the User / Legal Entity for the order, as well as all taxes, fees, deductions, etc. amounts required for the purposes of making the bank transfer are paid in full by and at the expense of the Users / Legal Entities. Upon payment in cash with cash on delivery of the ordered and delivered goods and services, the User / Legal Entity is obliged to pay the price of the ordered goods at the time of delivery to the Merchant or his representative / subcontractor delivering the ordered goods in full according to the confirmed order. .

8. Delivery of purchased goods

The term for the delivery of the ordered goods for which payment has been received to the address indicated by the User / Legal Entity is from 24 hours to 4 working days after receiving confirmation of the order, and the term may be extended during public holidays and / or weekends with the term of non-working days. In all cases, a delay in the specified delivery times is possible, for which the User / Legal Entity should be promptly notified by the Merchant. The delivery of the ordered goods is made in the way chosen by the User / Legal Entity and according to the specified deadlines. The Merchant reserves the right to extend the specified terms by up to 7 (seven) calendar days without informing the User / Legal Entity in advance and to extend the terms by more than 7 (seven) calendar days with the prior consent of the User / Legal Entity delivery.

When ordering goods from the Site, the User / Legal Entity has the opportunity to specify a convenient delivery day, and the Merchant considers, as far as possible, delivery with the preferences of the User / Legal Entity, of which he is promptly notified. The Merchant may request additional confirmation from the User / Legal Entity for the order, including by phone and / or e-mail. In case the User / Legal Entity refuses to provide the confirmation requested by the Merchant, the refusal to provide it leads to automatic cancellation of the order. The price of delivery costs is automatically calculated in the value of the order on the Site and is indicated below the information published for the ordered item. The Merchant is not responsible for delays in delivery due to circumstances beyond the Merchant’s control , such as delays by the courier making the delivery. Upon delivery, the goods should be carefully inspected by the User / Legal Entity and / or a person authorized by him. Upon ascertainment of defects established upon delivery, the User / Legal Entity should enter the type of identified defects in the bill of lading in the presence of the courier and immediately notify the Merchant on phone 087 667 0333. Upon acceptance of the delivery by the Consumer / Legal Entity without remarks the signing of the bill of lading presented to him by the courier, all and any subsequent claims for defects of the purchased goods appear unfounded and as such should not be satisfied. In case the identified defects are not entered in the bill of lading in the presence of the courier upon receipt of the goods and / or the User / Legal Entity does not immediately notify the Merchant on 087 932 1333, the User / Legal Entity loses its right to claim. If an incorrect or wrong address, contact person and / or telephone number is indicated when submitting the order, the Merchant is not responsible for incorrect execution of the order due to incorrect information submitted by the User / Legal Entity. a third party nominated by him is obliged to sign the accompanying documents. A third party is considered to be any person who is not the holder of the application, but accepts the goods upon delivery to the delivery address specified by the User / Legal Entity. In case the User / Legal Entity is not found within the deadline for delivery to the address specified by him and / or access to the delivery address is not provided, the Merchant is released from its obligation to deliver the ordered goods and the User / Legal Entity loses the opportunity. the goods ordered by him to be delivered to him.

When the delivered goods obviously do not correspond to the ones ordered for purchase by the User / Legal Entity and this can be established during a simple inspection of the delivered goods, the User / Legal Entity has the right to request that the delivered goods be replaced with corresponding ones. of goods. The Merchant reserves the right to choose / change the subcontractor performing the delivery, without being obliged to inform the User / Legal Entity in advance, as long as this does not reflect the manner and term of delivery.

9. Refusal of purchased goods

The User has the right to withdraw from the distance or off-premises contract without stating a reason, without paying compensation or penalty, within 14 (fourteen) calendar days from the date on which the User or a third party other than the carrier and specified by him, has entered into possession of the goods or the date on which the User or a third party other than the carrier and specified by him has entered into possession of the last goods, under a contract under which several goods are ordered with one order. The consumer has the right to withdraw from the contract outside the retail outlet only in respect of goods that are not needed and fall within the scope of the Consumer Protection Act in the part of distance contracts. The right of withdrawal from the contract outside the commercial site does not apply in the following cases: for delivery of goods made to order of the consumer or according to his individual requirements; for the supply of goods which, by their nature, may deteriorate or have a short shelf life; for the delivery of sealed goods which are unsealed after delivery and cannot be returned due to reasons related to hygiene or health protection; for the supply of goods which, having been delivered and, by their nature, have mixed with other goods from which they cannot be separated. In order to exercise his right of withdrawal, the User must notify the Merchant of his full name, address, telephone number and e-mail address and of his decision to withdraw from the contract with an unequivocal statement (eg letter of withdrawal sent by mail). or e-mail). The user can use the attached standard opt-out form, but this is not required:

_______________________________________________________________________________

 

Standard form for exercising the right to withdraw from the contract (fill in and send this form only if you wish to withdraw from the contract)

 

To “……….” ………… gr …………… .., bul. ( ……… No ………… .., email: …………………… ..: I hereby inform / inform * that I refuse / refuse * the contract concluded by me / us * for the purchase of the following goods * / to provide the following service *: ………………………………….. ………………………………………….. ………………………………………….. ……………………….. ………………… ………………………………………….. ………………………………………….. …………………………………………. – Ordered on * / Received on * ……………………………………. ……………………………………… – User name / the ………………………………………… ……………………………………….. – Address of user (s) ……………………………………….. ……………………………………… – Signature of the user / s …………………………………………. ………………………………….. (only if this form is on paper) – Date ……………………………………… ………………………………………….. …………………………. ——————- ———————————– * Delete where not applicable. ” _______________________________________________________________________________

The User may also fill in and submit electronically the standard withdrawal form or other unambiguous withdrawal application on the Site, and in case of using this option, the Merchant will immediately send a durable medium (eg by e-mail) confirmation of receipt of refusal. In order to comply with the withdrawal period, it is sufficient for the User to send his notice of the exercise of the right of withdrawal before the expiration of the withdrawal period. In case the User withdraws from the contract, the Merchant will refund all payments received, except for delivery costs, additional costs associated with the delivery method chosen by the user, other than the standard delivery method offered by the Merchant, bank fees and commissions, the costs of returning the goods for which the User has exercised his right of withdrawal, which costs are entirely at the expense of the User. When the User exercises his right to withdraw from the distance or off-premises contract and when the Merchant has not offered to collect the goods himself, the User must send or hand over the goods back to the Merchant or a person authorized by him without undue delay and not – no later than 14 (fourteen) calendar days from the date on which the User has notified the Merchant of his decision to withdraw from the contract. The deadline is considered met if the User sends or hands over the goods back to the Merchant before the expiration of the 14-days period. The Merchant will refund the amount paid by the User in all cases no later than 14 (fourteen) calendar days from the date on which the User informs the Merchant of his decision to withdraw from the contract. The Merchant will refund the amount paid only by bank or the client’s card account from which the payment was received or another bank account in a bank operating in the Republic of Bulgaria, explicitly indicated by the User in the standard withdrawal form or in the letter of withdrawal in free text. The Merchant has the right to postpone the refund of payments until the receipt of the goods by the User without this being considered a delay of the Merchant in accordance with the requirements of the Consumer Protection Act. The term is considered met if the User sends back the goods to the Merchant before the expiration of the 14-days period. The consumer should bear the direct cost of returning the goods as delivery costs by courier. The goods must be returned in their original packaging in their entirety, complete with accompanying documentation and without damage. In case of non-compliance with this obligation by the User, the Merchant reserves the right to decide whether to accept the returned goods and refund the amounts paid. The User declares consent, and the Merchant has the right to set off his receivables for administrative, transport, courier, etc. costs of the receivables of the User for the amount paid for the goods ordered by the latter. Legal entities may not enjoy and exercise the right of withdrawal under this section, as well as all other consumer rights provided for in the Consumer Protection Act, as they are not consumers within the meaning of the additional provisions of this Act. The relations between the Legal Entities and the Merchant not settled by these General Terms and Conditions shall be regulated by the provisions of the Commercial Law and the Law on Obligations and Contracts.

 

10. Others

The Merchant has the right to unilaterally change all the conditions for delivery of the provided goods and any other information published on the Site without prior notice to the User / Legal Entity. The Merchant reserves the right to send to the User / Legal Entity messages related to new products and services, promotions and / or changes in the terms and conditions of delivery of the provided goods and any other information published on the Site, such as do not constitute unsolicited commercial communications. The Merchant administers this Site and its application is valid only for the territory of the Republic of Bulgaria. The Merchant declares that the materials or services listed on this Site are not appropriate or available outside the territory of the Republic of Bulgaria and accordingly access to them from territories outside the specified territory is invalid. Questions, inquiries and consultations of the User / Legal Entity can be performed on-line through the Merchant’s Website in the form of questions and inquiries or through an associate from the on-line department on phone 087 667 0333, during working hours: from 08:00 to 17:00, Monday to Friday. These General Terms and Conditions may be updated at any time, and their publication on the Site is considered to notify the User / Legal Entity of the changes. When using the Site, the User / Legal Entity undertakes to comply with these General Terms and Conditions, as well as the applicable to the goods and services provided on the Site legislation of the Republic of Bulgaria, including international law.

USER / legal entity AGREES WITH TERMS OF USE SERVICES OF TRADER WITH TOUCH (click) for each site, link or button on the website of the merchant, as well as a link to THESE TERMS AND CONDITIONS) and it is believed that he is familiar with the general conditions , ACCEPTS THEM AND OBLIGATES TO OBSERVE THEM. The coordinates of the Merchant are the following:

Address: Burgas 8000, 37 Transportna Str.

Tel: +359 87 667 0333 / email: info@pivovarnata.bg / www.pivovarnata.bg

 

These General Terms and Conditions were adopted on 20.12.2021.