Terms of Use TERMS AND CONDITIONS OF USE
Here you will find the General Terms and Conditions of the contract for the use of the services provided by VICTORIA ARENA Ltd. through the online ordering website "www.dostavka.victoria.bg " ("General Terms and Conditions") and governs all relations between VICTORIA ARENA Ltd. and each of the users of the website www.dostavka.victoria.bg.
І. DEFINITIONS
In the interpretation and application of these Terms and Conditions, the terms and designations used shall have the following meanings:
1.1 "Victoria" means Victoria Arena Ltd, with UIC 200115015, with registered office, registered address and correspondence Sofia, 118 Bulgaria Blvd, Floor 1, Office 1-11, which provides the services that are the subject of these Terms and Conditions.
1.2 "User" means any natural person over 18 years of age who uses the services provided by the Call Center or the Site/Mobile Application in any way, including, but not limited to, by browsing them, creating his/her own Account through registration, placing Orders and performing any other actions related thereto.
1.3 "Products" means all products, including pizzas, salads, sauces, soft drinks, low alcohol and spirits, sushi, combo and set menus, promotional menus and packages and desserts offered for sale by Victoria at the relevant time via the Site/Mobile App/Call Centre which are part of Victoria's menu published on the Site/Mobile App;
1.4 "Services" means all services offered to Users and provided by Victoria through the Site/Mobile App/Call Centre at any given time, including the sale and delivery of Products.
1.5 "Site" means the domain (internet address) www.dostavka.victoria.bg through which Users are provided with the ability, where internet is available, to order and deliver Products from Victoria.
1.6 "Website" means a part of a website, which may be composite or separate.
1.7 "Mobile Application" means a dedicated mobile application called Victoria Delivery, through which Users may, subject to Internet connectivity, place orders for the purchase and delivery of Victoria Products.
1.8 "Information System" means a device or system of connected devices which or any of which is designed to store, send or receive electronic documents.
1.9 "Electronic Link" means a link identified in a particular web page that allows automated reference to another web page, information resource or object through standardized protocols.
1.10 "User Profile" is a separate part of dostavka.victoria.bg containing information about the User, provided by the User upon registration and stored by dostavka.victoria.bg, and access to the User Profile is made by entering a username and password. The profile allows the User to view and edit the data entered during registration, to access his personal mailbox, to change his password, to subscribe, respectively to unsubscribe, to receive newsletters, etc.
1.11 "Username" is a unique code of letters and/or digits chosen by the user, by means of which he/she is individualized in dostavka.victoria.bg.
1.12 "Password" is a code of letters and/or digits chosen by the user, which together with the user name individualizes the same in dostavka.victoria.bg.
1.13 "IP Address" is a unique identification number associating a device, web page or resource to the User in a way that allows their location on the global Internet network.
1.14 "Server" means a device or system of connected devices on which or any of which system software is installed to perform tasks in connection with the storage, processing, reception or transmission of information.
1.15 "Malicious Acts" are acts or omissions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, including but not limited to sending junk mail (SPAM, JUNK MAIL), channel overflow (FLOOD), 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, and committing any act that may qualify as a criminal offence or administrative violation under Bulgarian law or other applicable law.
1.16 "Contingency" means a circumstance of an extraordinary nature unforeseen at the time of the conclusion of the Contract, which makes its performance objectively impossible.
1.17 "Commercial communications" means advertising or other communications representing, directly or indirectly, the goods, services or reputation of a person carrying on a trade or business or a regulated profession.
II. SUBJECT MATTER OF THE CONTRACT
2.1 Victoria, through the Website dostavka.victoria.bg shall provide, in the presence of Internet connectivity and in on-line mode, to the USER the Services provided for in these General Terms and Conditions, subject to the latter's strict compliance with the requirements set out in these General Terms and Conditions.
2.2 Part of the Services of the Website dostavka.victoria.bg are provided to all USERS without the need for prior registration, but subject to these Terms and Conditions.
2.3 The use of part of the Services of the Website dostavka.victoria.bg is possible only after prior registration, creation of a User profile of the USER and entering the username and password.
2.4 The relations between the USERS and dostavka.victoria.bg in connection with the offer, access and use of paid services through the Site www.dostavka.victoria.bg shall be governed by the rules described in the General Terms and Conditions of Use of the respective paid services available through the Website dostavka.victoria.bg.
III. APPLICABLE FIELD. CONSENT TO THE TERMS AND CONDITIONS
3.1 These General Terms and Conditions shall apply in relations with USERS who have registered on the Website dostavka.victoria.bg ("Registered USERS"). These General Terms and Conditions shall apply accordingly in relations with USERS who have not registered on the dostavka.victoria.bg website ("unregistered USERS"), as their rights are limited to the use of the services described in clause 2.2.
3.2 The text of these General Terms and Conditions is available on the Internet at the website address http://dostavka.victoria.bg in a manner that allows its storage and reproduction. An electronic link to the Website containing the text of these Terms and Conditions is located on each page of the Website dostavka.victoria.bg. By each use of the services and resources of the Website dostavka.victoria.bg, including by opening a web page of the Website dostavka.victoria.bg, as well as by clicking on an electronic link from the front (home) or any other web page of the Website dostavka.victoria.bg, USERS declare that they are familiar with these Terms and Conditions, agree to them and undertake to comply with them.
3.3 In order to be able to use the services referred to in clause 2.3. of these General Terms and Conditions, the USER must register in advance by filling in the relevant electronic registration form available in real time (on-line) on the Internet at the dostavka.victoria.bg page.
3.3.1 In the process of registration, by ticking the box "I agree with the Terms and Conditions of dostavka.victoria.bg and clicking on the virtual button "Registration", the USER, respectively the parent or guardian of the USER, makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which he declares that he is familiar with these Terms and Conditions, accepts them, agrees with them and undertakes to comply with them.
3.3.2 By registering, the USER gains access to all services offered by dostavka.victoria.bg. When filling in the registration form, the USER is obliged to provide complete and correct data concerning his/her identity, respectively the USER's identity, and the other data required by the electronic form of dostavka.victoria.bg, as well as to update them immediately upon any change. The USER guarantees that the data provided in the registration process are true, complete and accurate and will update them promptly in the event of any change in the latter.
3.3.3 In case of failure to provide the personal data required in the registration form, dostavka.victoria.bg shall have the right to refuse the registration.
3.3.4 In the event of providing false data or failure to reflect changes that have occurred, dostavka.victoria.bg shall be entitled to immediately and without notice terminate or suspend the provision of the Services, as well as the maintenance of its registration. In this case, the termination of the provision of the Services shall be deemed an automatic termination of the contract.
IV. USERNAME AND PASSWORD. USER PROFILE
4.1 The USER shall provide a username and password upon registration. If the username is not already taken, the USER receives the username and password he/she has requested. Through them the USER gains access to his/her User profile, as well as the possibility to use the Services under point 2.3.
4.2 The username is a unique code of letters, numbers and characters by means of which the USER is individualized when using the Services under clause 2.3. dostavka.victoria.bg does not check and is not responsible for the match of the username with the USER's name, whether it affects the rights of third parties and in particular the right to a name or other personal rights, the right to a trade name (company), the right to a trademark or other intellectual property rights.
4.3 A password is a code of letters, numbers and characters which, together with the user name, is used to access a particular user account.
4.4 The USER is obliged not to disclose his/her password or the secret question and answer to third parties and to notify dostavka.victoria.bg immediately in case of unauthorized access, as well as in case of the likelihood of such access. The USER is obliged to take all care and measures reasonably necessary to protect his password and the secret questions and answers and is fully responsible for all actions carried out by him or by a third party through their use.
4.5 The User Profile is a separate part of the Website dostavka.victoria.bg, containing information about the registered USER, provided during the registration process and stored on a server of dostavka.victoria.bg. Through his/her user profile the USER may use, set up, activate or deactivate the use of various services under item 2.3. of dostavka.victoria.bg, manage the User Content hosted by him/her on a server of dostavka.victoria.bg, update the data provided during registration, change his/her password and secret question and answer, terminate his/her registration at dostavka.victoria.bg, etc.
4.6 In order to gain access to the paid services on the Website dostavka.victoria.bg, the USER shall perform registration on a designated web page or other actions in accordance with the requirements of the General Terms and Conditions of Use of the respective paid service indicated on the page.
4.7 Each USER may have only one active user account. It is prohibited to register under a fictitious name or under someone else's name (under someone else's identity). dostavka.victoria.bg may refuse the registration of a person for whom it receives information that he/she provides false or foreign data.
V. CONCLUSION OF THE CONTRACT
5.1 The Contract between the Parties shall take effect from the moment of the agreement expressed in the manner specified in clause 3.2 or clause 3.3.1.
5.2 The Contract shall be concluded in Bulgarian.
5.3 The Contract shall be effective:
a) For unregistered USERS - until the discontinuation of the use of the Services under clause 2.2.;
b) for registered USERS - for an indefinite period from the registration of the USER until the termination of the Contract in the manner provided for in these General Terms and Conditions.
VI. CHANGES TO THE GENERAL TERMS AND CONDITIONS
6.1 In view of the periodic additions and modifications to the Services, their improvement and expansion, as well as in connection with possible legislative changes that affect them, the General Terms and Conditions may be unilaterally changed by Victoria. Such modification may also take place in the event of a change in the type, nature or technology of the Services provided, in the event of the discontinuation of the provision of certain Services, and in the event of a change in economic conditions.
6.2 In the event of changes to the General Terms and Conditions, Victoria shall bring them to the attention of the USERS by publishing them on the Website dostavka.victoria.bg. Victoria shall provide the USERS with a two-week period to familiarize themselves with the changes to the General Terms and Conditions, after which they shall come into effect.
6.3 These General Terms and Conditions, as well as future amendments thereto, shall also apply to existing registered USERS at the date of their coming into effect. Within the period referred to in clause 6.2 they shall have the opportunity to state by sending a notice to Victoria that they reject the changes. In the event that a statement rejecting the changes is not received by Victoria, the USER shall be deemed to be bound by them. The declaration by a registered USER that he/she does not agree with the changes to the General Terms and Conditions will automatically lead to the termination of the contract between the USER and Victoria for the use of the services provided through the dostavka.victoria.bg Website, where Victoria shall be entitled to immediately suspend the access of the respective USER to his/her User profile, terminate his/her registration and delete from its servers all User Content hosted by him/her.
VII. RIGHTS AND OBLIGATIONS OF THE USER
7.1 The USER shall provide the necessary client equipment (terminal devices for Internet access and relevant software applications) and Internet access for the use of the services provided by Victoria.
7.2 The USER is entitled to on-line access to the Services provided through the Website dostavka.victoria.bg, subject to the conditions and access requirements set by Victoria.
7.3 The USER undertakes not to upload, place on Victoria's server or make available in any way to third parties any User Content - information, data, text, messages, as well as any other materials or electronic links to materials when using the Services provided by Victoria:
a) contrary to Bulgarian law, applicable foreign laws, these Terms and Conditions, Internet ethics, morality and good morals;
b) Containing violence (including violence against animals), agitation to violence , humiliation of human dignity, threat to life and physical integrity of a person;
c) with pornographic or sexually explicit content;
d) containing clearly identifiable bodies of victims of accidents and other serious incidents;
e) offensive to a religion or containing religious propaganda;
f) constituting trade or business secrets or other confidential information;
g) which are the subject of a third party intellectual property right, except with the consent of the right holder;
h) infringing any proprietary or moral rights or legitimate interests of third parties;
i) advocating discrimination based on sex, race, education, age or religion or advocating fascist, racist or other undemocratic ideology;
j) harming the reputation of another and calling for a violent change of the constitutionally established order, for the commission of a crime, for violence against the person or for the incitement of racial, national, ethnic or religious hatred;
k) containing information inciting or facilitating the commission of terrorist activities; m. containing information about someone else's passwords or access rights without the consent of the owner, and software for accessing such passwords or rights;
7.5 The USER undertakes when using the services provided by Victoria:
a) not to commit malicious acts within the meaning of these Terms and Conditions;
b) notify Victoria immediately of any breach committed or detected in the use of the services provided;
c) not impersonate another person;
d) not to use methods that lead to the forced loading of unwanted content ("pop-up", "blind link" and the like).
7.6 The USER shall have the right at any time at his/her own discretion to terminate the use of the Services provided by Victoria by deactivating their provision from his/her User Profile or any other website indicated for this purpose or terminate his/her registration on the Website dostavka.victoria.bg, respectively discontinue the use of the Services under clause 2.2. From the moment of termination of registration, and for unregistered USERS - from the moment of discontinuation of use of the Services under clause 2.2., the contract between the parties shall be deemed automatically terminated, and Victoria shall suspend the access of the respective USER to his User Profile and shall have the right to suspend access to and delete from its servers all User Content hosted by him in accordance with clause 14.2. of these Terms and Conditions. Deactivation of the provision of certain Services does not result in termination of the contract.
7.7 The USER may access and use any content published on the dostavka.victoria.bg Website, including User Content, solely for personal use for non-commercial purposes, subject to the requirements of these Terms and Conditions.
7.8 The USER undertakes not to perform or attempt to gain unauthorized access to the services provided by dostavka.victoria.bg by intercepting and using other people's passwords or any other methods, not to circumvent, damage or otherwise interfere with the normal operation of technical or software applications of the dostavka Website.victoria.bg that prevent or restrict access to third party email boxes, administrative panels, computer systems and networks related to the services provided.
VIII. RIGHTS AND OBLIGATIONS OF VICTORIA
8.1 Victoria undertakes to exercise due diligence to enable the USER to make normal use of the Services. VICTORIA DELIVERY Complaints Acceptance and Satisfaction Policy Victoria is committed to deliver your order within 75 minutes, in the absence of Force Majeure circumstances or obstacles that we cannot overcome. In the event of high traffic leading to temporary difficulty for Victoria to meet the specified delivery time in the area where the CUSTOMER's delivery address is located, Victoria shall have the right to refuse acceptance of the order by notifying the CUSTOMER in a timely manner that their order cannot be accepted. Victoria reserves the right to change delivery areas and/or their boundaries at its sole discretion.
8.1.1 Delivery price by city City. Sofia - delivery price is BGN 4.49. The price for the city. Plovdiv - delivery price is 4.49 BGN. Bansko - delivery price is 4.49 BGN. k.k. Borovets - delivery price is 4.49 BGN.
8.1.2 Minimum order value by cities and neighborhoods:
The minimum order value is 15 BGN, excluding delivery costs, in all neighborhoods and cities, except for the following:
Sofia:
Bistritsa - 40 BGN
Dvoretsa Vrana - 40 BGN
Vrana - Lozen - Triagalnika - 40 BGN
German - 40 BGN
Lozen - 40 BGN
Pancharevo - 40 BGN
v.z. Kokalyanski hancheta - 50 BGN
Bansko:
Banya - 50 BGN
Dobrinishte - 50 BGN
Park Hotel Murite - 50 BGN
Pirin Golf - 50 BGN
Razlog - 50 BGN
k-s Redenka - 50 BGN
Hotel Kornelia - 50 BGN
Borovets resort:
Govedartsi, Mala tsarkva and Madzhare – 80 BGN
Hizha Shumnitsa – 30 BGN
Samokov – 50 BGN
Raduil – 50 BGN
Maritsa – 60 BGN
Dolna banya – 80 BGN
Beli Iskar – 50 BGN
8.1.3 Consumables One free utensil and a free box are provided for each basic portion ordered. When ordering a portion of sushi, one free set of sushi chopsticks is provided, if you want additional cutlery or chopsticks you need to pay for them.A set of plastic cutlery (fork, knife and spoon) is priced at BGN 0.20, a set of sushi chopsticks is priced at BGN 0.20. In case of customer's request for a separate box, the additional utensil is priced at BGN 0.49.
8.1.4 Victoria guarantees the taste and nutritional quality of the products delivered to your order within 2 (two) hours from the time of ordering. For this reason, Victoria recommends that you consume the products delivered to you within the time period stated above. After this period, Victoria is not responsible for the taste and nutritional quality of the products delivered by us.
8.1.5 In the event of a discrepancy between your order and the delivered products in terms of quantity and quality, you have the right to make a claim under the Consumer Protection Act. You must notify us of your claim within 30 minutes of the time of delivery of your order, and notification shall be deemed to have been given by calling the National Order Centre on 02 911 00. If your notification of a claim is made after this period Victoria is not obliged to follow the claims acceptance policy. Calls to 02 911 00 are charged at the cost of a city call, the cost of which is determined by each user's individual tariff plan with the telecommunications company whose services they use.
8.1.6 In the event of a legitimate complaint being made by you, we offer the following options for resolving the identified problem depending on the situation, type and nature of the problem: - If the product is a pizza, main course, salad, burger or tortilla, children's menu, dessert, grill, starter, sauce, sushi supplement, side dish, drink or flatbread we will replace it with a new one as soon as possible within the same day or provide you with a voucher which you can redeem on your next order which will be equal to the value of the faulty product. The voucher cannot be combined with any other type of discount. The voucher is used to pay for all or part of your order. The voucher is redeemable once and cannot be used to pay for two or more orders. The voucher is valid for one month ( 30 calendar days) after receipt.
8.1.7 In all cases of incorrect execution of your order, except those related to an undelivered item/product, your claim will only be recognized as valid if you present the supplier with the product you are dissatisfied with, in a quantity of not less than two thirds of what was delivered. On the other hand, if the customer has discarded the order or returns less than two thirds of the quantity supplied, Victoria accepts no liability for compensation.
8.1.8 Time guarantees do not apply to all orders. Orders over 100 BGN require more lead time and therefore require extended delivery times. Each customer will be informed in good time about delivery times while placing their order or subsequently.
8.1.9 This Complaint Acceptance and Satisfaction Policy does not apply in the event of force majeure, including causes related to adverse weather conditions.
8.2 Victoria has no obligation and no objective ability to control the manner in which the USER uses the Services provided, and is not responsible for the USER's purposes and activities in connection with the use of the Services or the type and nature of the User Content. Victoria shall have no obligation to monitor the information stored on its servers or made available in the provision of the Services, nor to seek facts and circumstances indicating that the USER has engaged in any unlawful activity through the use of the Services.
8.3 In accordance with the requirements of the Bulgarian legislation in force, Victoria stores information materials and resources located by the USER on a server of dostavka.victoria.bg, and has the right to provide them to the competent state authorities in cases where this is necessary to preserve the rights, legitimate interests and security of Victoria or third parties, as well as in cases where the same are requested by the relevant state authorities in due order.
8.4 In the event that a USER's User Profile is not used for 60 days after registration or 120 days have elapsed since the last use of the User Profile, Victoria shall have the right to suspend without notice the access of the respective USER to his User Profile, terminate his registration and delete from its servers all User Content located by him. From the moment of termination of registration, the contract with the USER shall be deemed automatically terminated.
8.5 Victoria has the right to place on any of the pages of dostavka.victoria.bg, including in the User profiles, electronic links, advertising banners and other forms of advertising for goods and services offered by Victoria or third parties, as well as electronic links and advertising banners pointing to websites located outside the control of Victoria. Victoria is not responsible for the content, accuracy or legality of such websites or resources and services or resources made available to the USER while using the services of the dostavka.victoria.bg Website.
8.6 Upon activation by the USER of the possibility to offer advertising space on a blog, Victoria has the right, but not the obligation, at its discretion to place on it the materials referred to in clause
8.7 In the event that such materials are placed on the Blog, Victoria shall be obligated to provide the USER ...... with a % of the revenue received from such advertising.
8.8 Victoria shall be entitled to send commercial messages to USERS in order to offer information and advertisements concerning its own or other commercial companies' goods and/or services, to make inquiries on various matters, to conduct surveys, etc. By accepting these Terms and Conditions, the USER agrees to receive commercial communications from Victoria.
8.9 Victoria shall have the right, but not the obligation, at its sole discretion and without notice, to suspend access to and/or remove User Content where the same contravenes the requirements set out in these Terms and Conditions.
8.10 Victoria shall have no obligation to suspend access to and/or remove User Content posted on the dostavka.victoria.bg Website at the request of the USER who posted it.
8.11 Victoria shall have the right, at its discretion and without notice, to suspend or temporarily restrict the USER's access to the Services referred to in clause 2.3, as well as the access of other USERS to User Content located by the USER on , when, at Victoria's discretion or according to information received from third parties, the USER uses the Services in violation of Bulgarian legislation, these General Terms and Conditions, good morals or other applicable norms.
8.12 Victoria reserves the right to temporarily or permanently suspend the provision of specific Services available through the dostavka.victoria.bg Website, by notifying the USER of this with a message on the relevant websites or in the User's profile.
IX. INTELLECTUAL PROPERTY
9.1 By posting User Content in any form on the dostavka.victoria.bg Website, the USER grants Victoria the non-exclusive right to use, record, store, distribute it publicly on the Internet, including to offer access to it to an unlimited number of persons in a manner that allows such access to be made from a place and at a time individually chosen by each of them, without payment for it and without territorial restrictions (worldwide). The right under the preceding paragraph is granted for the period for which the User Content is located on a Victoria server and for a reasonable period after its removal or deletion.
9.2 In using the Services subject to these Terms, USER shall have access to a variety of content and resources that are subject to the copyright or other intellectual property rights of Victoria, other USERS, or their respective designees. USER shall have access to the Content for personal use in accordance with these Terms and Conditions and shall not use, record, store, reproduce, modify, adapt or publicly distribute any intellectual property objects made available to USER through the Services, except in the case of minor information intended for personal use, provided that the legitimate interests of the authors or other holders of intellectual property rights are not unreasonably prejudiced in the event that a copier Notwithstanding the foregoing, USER shall not remove trademark and other intellectual property right indicia from the materials available to USER, whether the holder of the relevant rights is Victoria or another USER.
9.3 Intellectual property rights in all intellectual property objects - materials, databases and other resources located on the Website, outside of the User Content located by USERS on the Website dostavka.victoria.bg, are protected under the Copyright and Related Rights Act and/or the Law on Trademarks and Geographical Indications, belong to Victoria or the appropriately designated person who has assigned the right of use to Victoria and may not be used in violation of applicable law.
9.4 In the event that the USER believes that its intellectual property rights have been infringed by another user, it shall notify Victoria in writing at the management address specified in these Terms and Conditions or by letter sent to the email address specified for contact with Victoria. The notification shall contain a precise identification of the material allegedly published in violation of intellectual property rights, an indication of the person or persons whose intellectual property rights have been infringed and the basis on which such persons have become the holders of the relevant rights, as well as the address and telephone number of the USER. Victoria shall, at its discretion, take the actions set out in clause 11.1 of these Terms and Conditions.
Х. LIABILITY. LIMITATION OF LIABILITY
10.1 Victoria takes reasonable care to enable the USER to make normal use of the Services but in so far as the provision of the Services is free of charge has no obligation or warranty that they will meet the USER's requirements or that they will be uninterrupted, timely or secure. By accepting these Terms and Conditions, the USER represents that the use of the Services provided will be entirely at the USER's risk and responsibility, and the parties agree that Victoria shall not be liable for any damages caused to the USER in the use of the Services provided.
10.2 Victoria shall not be responsible for the availability and quality of goods and the content of Services brought to the USER's attention by the posting on the Website of electronic links, advertising banners and notices for the sale of goods and the provision of services by third parties and/or by attaching such to the text of commercial messages sent to the USER's e-mail address provided by the USER at registration or generated upon registration. Insofar as the actions of these third parties are not under the control of Victoria, the latter is not responsible for the unlawful nature of the activities of third parties or for the creation, guarantee, performance, modification and termination of obligations and commitments entered into in connection with the goods and services offered by third parties, and is not liable for damages suffered and lost profits resulting from these relationships.
10.3 Victoria shall not be liable for failure to provide the Services in circumstances beyond its control - in the event of force majeure, fortuitous events, problems in the global network of the Internet and in the provision of services beyond Victoria's control, problems due to the USER's equipment, and in the event of unauthorized access or intervention by third parties in the operation of Victoria's information system or servers.
10.4 Victoria shall not be liable for any damages caused to the USER's software, hardware or facilities or for any loss of data resulting from materials or resources searched, loaded or used in any way through the Services provided.
10.5 Victoria shall not be liable to USER or any third party for any damages suffered or loss of profits resulting from the termination, suspension, modification or restriction of any of the Services, the use of the Services, the deletion, return, non-receipt, modification, loss, unreliability, inaccuracy, or incompleteness of any items, messages, materials or information used, saved or made available through the dostavka.victoria.bg Website.
10.6 The Parties acknowledge that Victoria shall not be liable for any failure to provide the Services or the provision of the Services with degraded quality as a result of tests carried out by Victoria for the purpose of checking equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the Services provided. In these cases, Victoria shall notify the USER in advance of the possible temporary non-provision, respectively degraded quality of the Services.
10.7 By accepting these Terms and Conditions, the USER declares that he/she is aware of the possibility of possible interruptions and other difficulties in the Internet connection to the dostavka.victoria.bg Website, which may occur regardless of the care taken by Victoria. The USER declares that he/she will not claim any compensation from Victoria for any loss of profit, damage or inconvenience suffered as a result of the occurrence of the above-mentioned interruptions or difficulties of the Internet connection, including with regard to the capacity of this connection
10.8 Victoria shall not be liable or indemnify any person whose personal data is used by another person for the use of the Services provided by Victoria, whether or not that person has consented to such use.
XI. RIGHTS OF Victoria IN THE EVENT OF FAILURE OF A USER
11.1 Victoria shall have the right to suspend, restrict or modify the Services provided to the USER, as well as to refer the USER to the competent governmental authorities, if the USER's conduct, in Victoria's sole discretion, violates the provisions of the applicable Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties, and to suspend access to any content located on the dostavki Website at any time and without prior notice.victoria.bg by the USER, which it deems or receives information from third parties that contravenes the applicable Bulgarian legislation, these General Terms and Conditions or their or others' rights and legitimate interests, including intellectual property rights, until such dispute is resolved by an act of a competent state authority.
11.2 Upon receipt of an order from a competent governmental authority concerning User Content, Victoria shall have the right, without prior notice, to suspend access to such User Content or take such other action as may be required by the order received.
11.3 Victoria shall have the right to deactivate without prior notice the User's access password to the User's account in the event that, in Victoria's sole discretion, the USER violates provisions of applicable Bulgarian law, these Terms and Conditions or the rights and legitimate interests of third parties. In such cases, Victoria shall have the right to terminate the USER's registration, to suspend the provision of the Services to the USER under clause 2.3 and to delete from its servers all User Content hosted by the USER. The agreement with the USER shall be deemed automatically terminated as of the date of termination of the USER's registration.
11.4 When it receives information that provides sufficient grounds to assume that the behavior of the USER while using the Services of the website dostavka.victoria.bg may constitute a crime or administrative violation, Victoria has the right, at its discretion, to notify the competent state authorities, providing them with the necessary assistance and all required information and materials as requested in due form, which, in the opinion of the respective authority, would aid in identifying the perpetrator and proving the committed crime or administrative violation.
11.5 In the above cases, Victoria shall not be liable for any damages or loss of profits suffered by the USER or any third party as a result of the suspension, modification or restriction of the Services, termination of the Contract or provision of information or compliance with orders of competent government authorities.
XII. NOTICE
12.1 The USER shall indemnify Victoria and all third parties for all damages and loss of profits suffered by them, including penalties, attorneys' fees and other costs, as a result of claims brought by and/or damages paid to third parties in connection with the Materials, which the USER has made available to third parties or made available through the use of the Services provided by Victoria in violation of Bulgarian law, applicable foreign laws, these Terms and Conditions or good morals, as well as in connection with other breaches of its obligations under these Terms and Conditions.
12.2 Notwithstanding the foregoing, the USER shall indemnify Victoria for any damages caused as a result of the use of the Services provided by third parties to whom the latter has provided its password or secret question and answer in breach of these Terms and Conditions.
12.3 Parents, guardians or custodians of a person under the age of majority shall be liable for all damages caused by the same to Victoria and to third parties in the registration and use of the Services - subject to these Terms and Conditions, as well as for all damages resulting from the provision of false data or the untruthfulness of the declaration referred to in paragraph 3.3.2, last sentence.
12.4 The obligations of the persons under this clause 12 shall survive termination of the contract with the USER.
XIII. PROTECTION OF PERSONAL
13.1 Victoria shall have the right to collect and use information about USERS. Information by which a person can be identified may include first name, surname, last name, date of birth, gender, location, e-mail address, and any other information that the USER voluntarily enters, uses or provides when using the Services on the dostavki.victoria.bg Website. For the avoidance of doubt, the User Content is not considered personal data and is therefore not subject to the protection afforded to the USER's personal data under these Terms and Conditions.
13.2 Each registered USER, through his/her username and password, has the right to on-line access to his/her user profile where he/she can correct and update his/her personal data stored by Victoria.
13.3 VICTORIA ARENA Ltd is registered in the register of personal data controllers. Victoria takes due care in collecting, processing and storing the personal data of USERS in strict compliance with the provisions of the Data Protection Act.
13.4 Victoria shall take due care and be responsible for the protection of the USER's information made known to it in connection with the provision of the Services subject to these Terms and Conditions, except in cases of force majeure, accidental occurrence or malicious acts of third parties, and in cases where the USER has itself made such information available to third parties.
13.5 In the registration form filled in by the USER upon conclusion of the contract, Victoria shall clearly indicate the mandatory or voluntary nature of the provision of the data and the consequences of refusal to provide. By agreeing to these General Terms and Conditions, the USER agrees to the processing of his/her information in the manner provided for therein.
13.6 Victoria collects and uses the information referred to in clause 13.1 for the purposes set out in these Terms and Conditions, including for offering new services to users, offering goods and/or services offered by others, for promotions, organising raffles, enquiries, for statistical and any other purposes, and by registering to use the Services, the USER agrees to receive commercial communications sent by Victoria. The described purposes for which the information may be used are not exhaustive and do not create any obligations for Victoria.
13.7 By accepting these Terms and Conditions, the USER consents to processing his/her personal data for direct marketing purposes. The USER has the right to object to the processing of his/her personal data for direct marketing purposes by sending a written communication to Victoria at the address or contact email indicated. The USER shall have the right to be notified before his/her personal data is first disclosed to third parties or used on their behalf for direct marketing purposes and shall be given the opportunity to object to such disclosure or use.
13.8 Victoria undertakes not to edit or disclose any personal information about the USER or his use of the Services and not to provide the collected information to third parties - government authorities, commercial companies, individuals and others, except where:
a) this is provided for in these Terms and Conditions or the USER has given his/her express consent at the time of registration or at a later time;
b) it is necessary to fulfil a statutory obligation of Victoria;
c) the information has been requested by public authorities or officials who are authorised under current legislation to request and collect such information in accordance with statutory procedures;
d) information concerning personal data is provided to employees or contractors of Victoria for activities relating to the administration of the same and the use of the Services;
e) other cases specified by law.
13.9 When using the Website dostavki.victoria.bg, Victoria has the right to automatically save certain information that the USER's computer or other terminal device sends to Victoria's server in connection with the USER's activity. The information is stored in log files on Victoria's servers and may include the USER's IP address, the date and time the relevant page of the dostavki.victoria.bg Website was visited, the time spent on that page, etc. In addition, Victoria stores the IP address of the USER, as well as any other information necessary to identify the USER and reproduce his/her electronic statement referred to in clause 3.2., respectively clause 3.3.1. for the acceptance of the General Terms and Conditions, in the event of a legal dispute.
13.10 Victoria shall have the right, but not the obligation, to install on the USER's computer or other terminal device cookies - small text files that are saved by a website via an Internet server on the USER's hard drive and enable the retrieval of information about the USER, identifying him, as well as for tracking his actions.
XIV. TERMINATION AND CANCELLATION OF THE CONTRACT
14.1 In addition to the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated upon the occurrence of any of the following circumstances: a/ discontinuation of the activity of Victoria or discontinuation of the maintenance of the Website dostavki.victoria.bg; b/ mutual consent of the parties for the termination; c/ other cases provided by law.
14.2 In the event of termination of the contract between the parties on any grounds, Victoria shall have the right to immediately suspend the access of the respective USER to his/her User Profile, terminate his/her registration and delete from its servers all User Content hosted by him/her, subject to the requirements of applicable law. In the event of termination of the Contract, Victoria shall not be liable for any damages suffered or loss of profits by the USER or any third party resulting from the suspension of the USER's access to his/her User Profile, the termination of his/her registration, the deletion of the User Content hosted by the USER from Victoria's servers, as well as from the provision of information or the execution of orders of the competent state authorities.
XV MEAL AND SOURCE SIZE ADVERTISING POLICY
15.1 The meal weights advertised on the Site are per single serving, which includes the main product and accompanying garnish of each dish.
15.2 Listed weights of Sushi dishes on the website are per single portion, this includes the main Sushi product and its accompanying Soy Sauce and Wasabi.
XVI. OTHER
16.1 The written or electronic statements and communications provided for in the Contract and these General Terms and Conditions shall be deemed to have been validly made if made in the form of a letter with acknowledgement of receipt, a facsimile message, an e-mail, a click on a virtual button on the dostavki.victoria.bg Website and the like, as long as the statement is technically recorded in a way that allows it to be reproduced.
16.2 By accepting these General Terms and Conditions and entering into a contract with each other, the parties agree to consider the electronic statements made between them as received upon their entry into the information system indicated by the addressee, without the need for explicit confirmation. Where Victoria is the addressee of the statement, the receipt of the statement in the information system indicated by the addressee shall be deemed to be its receipt in Victoria's POP3 servers. Where the USER is the addressee of the statement, the receipt of the statement in an information system indicated by the addressee shall be deemed to be its receipt in the e-mail box indicated at the time of registration, located on a server within the relevant domain addressing the box. In the event that the USER has indicated an invalid e-mail box, the statement will be deemed to have been received only upon its sending by Victoria, even if it has not been received.
16.3 The parties agree that in the event that any provision of these Terms and Conditions is found to be invalid, this shall not invalidate the contract, any other provision or any part thereof. The invalid clause will be superseded by mandatory rules of law or established practice.
16.4 The dostavki.victoria.bg website is maintained by Victoria using technical equipment located in the territory of the Republic of Bulgaria. Victoria does not guarantee and is not responsible for the availability and proper provision of the Services on the Website dostavki.victoria.bg outside the territory of the Republic of Bulgaria, and in particular the localities in which delivery is not carried out may only use unpaid services. In the event that the USER uses the Services, subject to these Terms and Conditions, outside the territory of the Republic of Bulgaria, the USER is solely responsible for compliance with the applicable legislation in accordance with the place of use of the Services.
16.5 The provisions of the legislation in force in the Republic of Bulgaria shall apply to all matters not covered by this Agreement.
16.6 All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the Contract between the Parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the Contract or its adaptation to newly arising circumstances, shall be resolved by the competent court under the applicable Bulgarian law. Under the current legal system, the sale of alcohol and cigarettes is prohibited to persons under the age of 18. In case of doubt on the part of the supplier at the time of finalisation and delivery of the order placed, the customer is obliged to verify and show his identity card. In the event that the customer is a person under the age of 18, alcohol or cigarettes will not be delivered and will be returned to the serving establishment delivery area. In the event that a customer wishes to refuse an order,this can be done within 3 minutes of accepting it, and the refusal can be satisfied after ringing 02 911 00. In case of cancellation by a customer after the 3rd minute, the customer is added to a "Black List" database - a list of customers whose orders will not be fulfilled.
XVII. CANCELLATIONS
17.1 Every newly registered user of our Website, upon completion of the first order, receives a 30% discount for his second order, which must be placed with the "DELIVERY" option. With the "TAKE FROM PLACE" option, everyone receives a 15% discount. The two discounts cannot be combined.
These General Terms and Conditions have been accepted by VICTORIA ARENA LTD on 01.08.2022 and come into force on 15.08.2022.