GENERAL TERMS AND CONDITIONS FOR USE OF THE WEBSITE www.yakotosushi.bg
I. SUBJECT
We inform you that by using the online store on the website www.yakotosushi.bg, you declare that you accept and agree to these General Terms and Conditions.
"General Terms and Conditions" constitute a contract by which you receive the right to use the services of the PROVIDER subject to the conditions below. You agree to be bound by these "General Terms and Conditions" and all subsequent changes to them, and you undertake to comply with them. THE PROVIDER reserves the right at any time to amend these "General Terms and Conditions" at its discretion, with the amended "General Terms and Conditions" immediately entering into force and becoming binding on the USER from the moment of their publication on the PROVIDER's website.
These General Terms and Conditions are intended to regulate the relations between “YAKOTO SUSHI” OOD, bulstat: BG207453845 with registered office and management address in Haskovo, 10 “Saedinenie” Blvd., manager: Stoyan Hristov, and you as users and/or visitors and are intended to regulate the conditions under which “YAKOTO SUSHI” OOD offers the products provided on or through the electronic store on the website www.yakotosushi.bg
The website www.yakotosushi.bg is owned by “YAKOTO SUSHI” OOD
The services are offered only if these General Terms and Conditions are accepted.
Users under 18 years of age must present explicit consent from a parent/guardian for the use of the services.
I. PROVIDER DATA
1.1. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name of the Provider: “YAKOTO SUSHI” OOD;
Headquarters: Haskovo, 10 Saedinenie Blvd., Mag. 16
Management address: Haskovo, 10 Saedinenie Blvd., Mag. 16
Correspondence details: Haskovo, 10 Saedinenie Blvd., Mag. 16
Public register entry: BULSTAT: BG207453845
Supervisory authorities:
(1) Personal Data Protection CommissionAddress: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd., Tel.: (02) 940 20 46Fax: (02) 940 36 40Email: kzld@government.bg, kzld@cpdp.bgWebsite: www.cpdp.bg
(2) Consumer Protection CommissionAddress: 1000 Sofia, 4A Slaveykov Square, floors 3, 4 and 6, tel.: 02 / 980 25 24 fax: 02 / 988 42 18 hotline: 0700 111 22 website: www.kzp.bg
II. DEFINITIONS
2.1. “User Content” means any data, information, text, sound, files, software, photographs, graphics, video materials, messages, electronic links, as well as any other materials, including, but not limited to, opinions and comments and the content of the personal page and blog, which the USER has on the PROVIDER’s Server in order for them to be accessible through the PROVIDER’s Website to all other USERS.
2.2. “User(s)”: users are:
2.2.1. Registered user – this is a person who, after registration, uses the services of the PROVIDER’s website and uses a personal account with information about his/her actions on the website.
2.2.2. Unregistered user – this is a person who uses the functionalities of the site without registering; can also finalize product orders, but information about each of his actions is not stored in the website archives.
2.3. “Malicious actions” are actions or omissions that may be qualified as a crime or administrative violation under Bulgarian law or under the applicable law of another country, as well as actions or omissions that violate Internet ethics, good morals or cause harm to persons connected to the Internet or associated networks. The following non-exhaustively listed actions are malicious: sending unwanted mail (spam, junk mail), flooding channels by sending unwanted IP packets in order to generate unwanted traffic (flood), gaining access to resources with other people's rights and passwords, using flaws in systems for personal gain or obtaining information (hack), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (crack), sending "Trojan horses", causing the installation of viruses, remote control systems and systems for monitoring other people's information (sniff), disrupting the normal operation of other Internet users and associated networks, and other similar actions.
2.4. "Electronic link" is a link indicated on a specific Internet page that allows automated redirection to another Internet page, information resource or object through standardized protocols.
2.5. “Website” is a part of a website, which may be composite or separate.
2.6. “Information system” is a device or system of connected devices, which or any of which is intended to store, send or receive electronic documents.
2.7. “USER”, “CLIENT” is any person who uses any of the information services and resources provided through the PROVIDER’s website, for personal use only for non-commercial purposes, provided that he or she observes and complies with all copyrights and terms.
2.8. “PROVIDER”, “OWNER”, “WE”, “www.yakotosushi.bg” is “YAKOTO SUSHI” OOD
2.9. “Server” is a device or system of connected devices, on which or any of which system software is installed to perform tasks related to storing, processing, receiving or transmitting information.
2.10. “Website” is a separate place in the global Internet network, accessible through its unified address (URL) via HTTP or HTTPS protocol and containing files, programs, text, sound, picture, image, electronic references or other materials and resources.
2.11. “Blog” is a Website, the content of which is regularly supplemented with comments, descriptions of events, files and other information materials, presented in chronological order.
2.12. “Random event” is an unforeseen circumstance of an extraordinary nature at the time of conclusion of the contract, which makes its performance objectively impossible.
2.13. “Commercial communications” are advertising or other communications, directly or indirectly presenting the goods, services or reputation of a person carrying out commercial or craft activity or exercising a regulated profession.
2.14. “PRODUCT/S”, “GOODS” are the products offered for sale, which are available in the SUPPLIER’s catalog.
2.15. “Order” is any information received in the SUPPLIER’s database for the purchase of Goods from the SUPPLIER’s website catalog. An order is also a request submitted by the USER to purchase Goods by phone.
2.15. “QUICK ORDER” is an order received in the SUPPLIER’s database, through the “QUICK ORDER” button located on each product page. It allows for the finalization of an order, providing at least one name and phone number.
2.16. “PARTNER” is any person with whom the SUPPLIER has a contractual relationship, who has the right to provide additional information about its services to Users of the site.
2.17. "PROCESSING OF PERSONAL DATA" - an operation or operations performed by automatic or non-automatic means, such as: collection, recording, organization, storage, blocking, deletion or destruction of data about users of services from the site.
2.18. "ADMINISTRATOR OF PERSONAL DATA" is a natural or legal person, public authority, agency or other structure that alone or jointly with others determines the purposes and means of the processing of personal data.
2.19. "ONLINE STORE", "ELECTRONIC STORE" - The online store is accessible at the Internet address www.yakotosushi.bg through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by www.yakotosushi.bg.
III. SCOPE. AGREEMENT WITH THE GENERAL TERMS AND CONDITIONS
3.1. These General Terms and Conditions apply to relations with USERS who have registered on the PROVIDER's Website ("registered USERS"). These General Terms and Conditions apply accordingly to relations with USERS who have not registered on the PROVIDER's Website ("unregistered USERS").
3.2. The text of these General Terms and Conditions is available on the Internet on the website at www.yakotosushi.bg in a manner that allows its storage and reproduction. An electronic link to the Internet page containing the text of these General Terms and Conditions is located on each page of the PROVIDER's Website. With each use of the PROVIDER's Website, the USERS declare that they are familiar with these General Terms and Conditions, agree to them and undertake to comply with them. In case the USER is a minor, he also declares the consent of his parents or guardians to the General Terms and Conditions, and if he is under 14 years of age, the statement of consent is made by his parent or guardian.
3.3. In order to be able to use all services on the PROVIDER's website, the USER must register in advance by filling out the relevant electronic registration form. In case of registration of a minor, the same also declares the consent of his parents or guardians to the General Terms and Conditions. In cases of registration of a person under 14 years of age, the statement of consent to the General Terms and Conditions is made by the parent or guardian of the same.
3.4. In the process of registration and pressing 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 General Terms and Conditions, accepts them, agrees with them and undertakes to comply with them.
3.5. By registering, the USER gains access to all services offered by the PROVIDER. When filling out the registration form, the USER, and in the cases of item 3.2, last proposal, the parent or guardian of the USER, is obliged to provide complete and correct data regarding his identity, respectively the identity of the USER, and other data required by the PROVIDER’s electronic form, as well as to update them within 7 days of any change. The USER or his/her parent or guardian guarantees that the data provided during the registration process is true, complete and accurate and will update them in a timely manner if the latter changes.
3.6. If the personal data required in the registration form is not provided, the SUPPLIER has the right to refuse registration and refuse to send the order.
3.7. In the event of providing incorrect data or failure to reflect the changes in a timely manner, the SUPPLIER has the right to terminate or suspend immediately and without notice the provision of the Services, as well as the maintenance of his/her registration. In this case, the termination of the provision of the Services is considered an automatic termination of the contract.
IV. TECHNICAL STEPS FOR CONCLUSION OF A DISTANCE PURCHASE AND SALES AGREEMENT
4.1. The USER declares his/her wish to order and purchase Goods from the SUPPLIER's website by placing an Order electronically or by telephone and which is registered by him/herself or by an employee of the SUPPLIER on his/her behalf. By clicking on the order button, the User places a binding order for products listed in the cart. All entered data is displayed for review before the binding order is sent.
4.2. The SUPPLIER will send a notification to the Client for registering the Order in its system, which does not have the meaning of acceptance, confirmation or undertaking to fulfill it. The SUPPLIER makes this notification electronically (email) or by telephone.
4.3. The Supplier has the right not to deliver part or all of the Goods or not to fulfill part or all of the Order for various objective reasons, including, but not limited to, exhaustion of their stock. In all cases, the SUPPLIER shall notify the USER thereof by email or by telephone. In such a situation, the Supplier's sole responsibility is to return any previously received price of the Goods.
4.4. The distance sales contract between the SUPPLIER and the USER is deemed to be concluded at the time of receipt by the Customer of confirmation of readiness to receive the shipment.
4.5. The purchase and sale contract concluded between the USER and the SUPPLIER consists of these general terms and conditions and any additional agreements between the SUPPLIER and the USER.
4.6. The purchase and sale agreement concluded between the USER and the SUPPLIER may be unilaterally cancelled by the SUPPLIER when it deems that this harms or threatens its interests.
V. ORDER
5.1. The USER may place an Order from the catalog on the SUPPLIER's website by adding the desired Goods to the shopping cart.
5.2. Each Goods added to the shopping cart may be purchased if available.
5.3. The USER undertakes and is responsible for ensuring that all data provided to the SUPPLIER in connection with the Order are true, complete and accurate as of the date of sending the order.
5.4. By sending the order, the USER authorizes the SUPPLIER to contact him in any possible way, when this is necessary in connection with the order placed.
5.5. The Seller has the right to refuse to fulfill (cancel) the Order placed by the USER, of which he must notify the USER. The cancellation of the order does not entail any liability or subsequent obligation of either party towards the other in connection with it and accordingly neither of them has the right to seek compensation from the other for its cancellation in the following cases:5.5.1 The data provided by the Client on the Platform are incomplete and/or incorrect.5.5.2. The Goods are not available and cannot be delivered. In this case, the SUPPLIER informs the USER.
5.6. The USER will bear all direct costs of returning the Goods offered by the SUPPLIER in the event that he withdraws from the Distance Contract and declares this within the withdrawal period provided to him by the SUPPLIER. This period begins to run from the date of conclusion of the Service Agreement and from the date of receipt of the purchased Goods by the USER or a third party other than the carrier.
VI. PRICES
6.1. All prices on the SUPPLIER's website are in Bulgarian lev.
6.2. All prices on the SUPPLIER's website include VAT.
6.3. Product prices do not include delivery of the product to an address chosen by the User. Delivery is charged separately from the price of the product.
6.3.1. Delivery of a product within the territory of Haskovo and Kardzhali, for an amount over 40.00 BGN, is free of charge. Below 40 BGN, the delivery price to Haskovo is 2.99 BGN.
6.3.2. Delivery of a product within the territory of Dimitrovgrad, for an amount over 80.00 BGN, is free of charge. Below 80 BGN, the delivery price to Dimitrovgrad is 8.00 BGN.
6.3.2 Minimum order value 15.00 BGN.
6.4. The Supplier has the right to change prices at its own discretion and at any time, without prior notification to the Users. The User is obliged to pay the price that was current at the time of placing the order. In case of technical errors in the publication of product prices on the site, the Supplier has the right to refuse to fulfill the order and does not owe compensation in any way to the User.
6.5. The Supplier reserves the right to withdraw all products from the website's e-shop and may, at its own discretion, refuse to process an order for any reason at any time, without prejudice to the User's legal rights. The Supplier shall not be liable to the User or a third party for withdrawal of any product from the e-shop or refusal to process any order.
6.6. In the event of a price reduction, the reduced prices are announced, with the new price placed next to the old one, which is crossed out.
VII. PRODUCT PRESENTATION
7.1. Each product presented on the site is accompanied by a price and basic characteristics. The Supplier has the right at any time and without notice to make changes to the published products, services and prices.
7.2. It is possible that some of the information published on the site may refer to products that are not currently offered and are not available.
7.3. The Supplier is not responsible for technical errors in the presentation of the products
VIII. COLORS
8.1. The products presented are as seen in the accompanying photos. The Supplier is not responsible for minor deviations in the color of the product.
IX. PAYMENT and DELIVERY
9.1. The SUPPLIER uses its own transport for delivery. Payment is made in cash against receipt of a fiscal receipt.
X. COMPLAINTS
10.1. The CONSUMER has the right to a complaint for any non-compliance of the goods with the agreement, when after delivery, during the initial inspection, non-compliances with the sales contract are discovered.
10.2. The CONSUMER has the right to file a complaint for the goods, regardless of whether the manufacturer or the SUPPLIER has provided a commercial guarantee for the goods or service.
10.3. When filing a complaint for goods, the CONSUMER may claim a refund of the amount paid, for the replacement of the goods with another one that corresponds to the agreement and for a discount from the price.
10.4. The claim is filed by calling the telephone number 0886 500 400. When filing a claim, the USER indicates the subject of the claim, his preferred method of satisfying the claim, respectively the amount of the claimed amount, and a contact address.
XI. RIGHTS AND OBLIGATIONS OF THE PROVIDER
11.1. THE PROVIDER undertakes to exercise due care to enable the USER to use the Services normally.
11.2. In accordance with the requirements of the current Bulgarian legislation, the PROVIDER stores information materials and resources placed by the USER on the PROVIDER's server, 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 the PROVIDER or third parties, as well as in cases where they are requested by the relevant state authorities in due course.
11.3. THE PROVIDER has the right to send commercial communications to the USERS, including through the "Electronic Mailbox" service, in order to offer information and advertisements regarding its goods, with the express consent of the User.
11.4. The SUPPLIER is obliged to provide accurate information about the Goods, as well as a specified price for the item.
11.5. The SUPPLIER is obliged to send the Order to the USER on time, unless due to the fault of a third party (CARRIER), the SUPPLIER has delayed this period.
11.6. The SUPPLIER is obliged to reimburse all costs (the value of the Goods and the costs of returning the Shipment) in the event of a complaint.
XII. RIGHTS AND OBLIGATIONS OF THE USER
12.1 The USER, using the SUPPLIER's website, undertakes to comply with the attached General Terms and Conditions.
12.2. The USER is obliged to provide an accurate and valid telephone number, delivery address.
12.3. The USER is obliged, in case of physical impossibility to accept the Shipment at the address, to provide another person and to authorize him to accept and pay the costs of the order, if any.
12.4. The USER must take all care and take the necessary measures that are reasonably required in order to protect his password.
12.5. in view of the specificity of Internet protocols and the security of protecting password data, to terminate the session in which he entered his user profile by pressing the virtual "logout" button.
12.6. The USER is obliged:
• to pay the price of the goods ordered by him;
• to receive the goods;
• not to submit fictitious or invalid requests or other false information. The User is fully responsible for protecting his password, as well as for all actions performed by him or a third party using it.
• to comply with Bulgarian legislation, these General Terms and Conditions, Internet ethics, the rules of morality and good manners;
• not to violate other people's property or non-property rights, including intellectual property rights;
• to immediately notify the Provider of any case of a committed or discovered violation when using the e-shop;
• not to interfere with the proper operation of the system, including, but not limited to, not to thwart the identification procedure of another user, not to provide access beyond that granted to him, not to prevent other users from using the shop;
• not to extract by technical means or in a technical manner information resources or parts of information resources belonging to the databases located in the shop.
XIII. LIMITATION OF LIABILITY
13.1. The SUPPLIER does everything possible to maintain correct, accurate and up-to-date information on the Site, without excluding the possibility of objective inconsistencies or omissions arising from time to time. The SUPPLIER is not liable for the consequences, including any damages, caused by or related in any way to the access, use or inability to use this Site.
13.2. The SUPPLIER's services are based on information received directly from the manufacturers. Despite the fact that we do everything possible to ensure the accuracy and up-to-dateness of the data posted on the SUPPLIER's website, we cannot guarantee and are not liable in the event that they turn out to be incorrect, outdated or incomplete. The SUPPLIER is not liable for the inaccuracy of the information specified by the manufacturer about the characteristics of a given product.
13.3. The SUPPLIER is not liable if a given product does not actually have the same color and characteristic data as offered on the SUPPLIER's website. Although the images of the Goods on the SUPPLIER's website are taken with professional equipment, it is entirely possible that there may be some differences in the actual color of a given product.
13.4. The Supplier is not liable for subjective perceptions and interpretation of the accuracy, completeness and usefulness of the information resources on the site.
13.5. The Supplier is not liable for the information (including its completeness and reliability) contained on sites to which this site contains links.
13.6. The Supplier is entitled to compensation for all damages, expenses and claims of third parties that are a consequence of a violation of these General Terms and Conditions and/or unregulated use of the site's services.
13.7. The Provider is not liable for any damages suffered by the User as a result of force majeure circumstances or those that are beyond its control and cannot be avoided - such as temporary interruption of access to the website due to technical reasons, etc. 13.8. The Provider is not liable for failure to provide access to the store, as well as for failure to process or untimely processing of purchase requests, in the event of circumstances beyond its control - cases of force majeure, random events, problems in the global Internet network;
13.9. The Provider does not guarantee that access to the store will be uninterrupted, timely, secure and error-free, to the extent that this is beyond its capabilities, control and will;
13.10. To the extent that the Supplier does not have the ability to change, control or otherwise influence the quality and suitability for use of the goods requested by the User, it is not responsible for their compliance with the applicable regulatory requirements and their qualities;
13.11. The Supplier is not liable for damages caused to software, hardware or telecommunications equipment, or for loss of data resulting from materials or resources searched, loaded or used in any way through it;
XIV. COPYRIGHT
14.1. The content of the PROVIDER's website - information, data, resources, services, text, photographs, graphics - is the property of the PROVIDER and/or its suppliers and is protected by copyright. It may not be reproduced in any form, for any purpose and in any media or computer environment without the express written consent of the PROVIDER and/or its suppliers.
14.2. Any unauthorized use of the content will be interpreted as a violation of the "Copyright and Related Rights Act", "Trademarks and Geographical Indications Act" and relevant legislation. The news on this Site is intended for your personal information only. Their use outside this meaning such as publication, reproduction, any form of commercial use, as well as retransmission to third parties in full, partial or revised form without the knowledge and approval of the PROVIDER is prohibited.
XV. LINKS TO THIRD PARTY SITES
15.1. The Site may contain links to third party websites and sources. If you choose to use these links, you will leave the www.yakotosushi.bg site and, as we do not control the relevant pages, we are not responsible for their content, the advertising materials published on them, the products or services offered, as well as for any questions or disputes that may arise in connection with these pages.
15.2. We are not responsible for any losses or damages that may be incurred as a result of the use of third party links and pages. We advise you to familiarize yourself with the General Terms and Conditions of Use and the privacy policies of the pages you visit, as our General Terms and Conditions and the Privacy Policy will not apply.
15.3. The Provider reserves the right to remove a link to www.yakotosushi.bg at any time.
XVI. CHANGES TO THE GENERAL TERMS AND CONDITIONS
16.1. In view of the periodic additions and modifications of the Services, their improvement and expansion, as well as in connection with possible legislative changes that reflect on them, the General Terms and Conditions may be changed unilaterally by the PROVIDER. This change may also be made upon a change in the type, nature or technology of the Services provided, upon termination of the provision of certain Services, as well as upon a change in economic conditions.
16.2. When making changes to the General Terms and Conditions, the PROVIDER shall bring them to the attention of the USERS by publishing them on the PROVIDER's Website.
16.3. These General Terms and Conditions, as well as future changes to them, shall also apply to existing registered USERS as of the date of their entry into force. The declaration by a registered USER that he/she does not agree with the changes to the General Terms and Conditions will lead to automatic termination of the contract between the USER and the PROVIDER for the use of the services provided through the PROVIDER's Website, in which case the PROVIDER has the right to immediately suspend the respective USER's access to his/her user profile, terminate his/her registration and delete all User Content posted by him/her from its servers.
XVII. UNILATERAL TERMINATION
17.1. The Provider reserves the right to suspend or terminate the User's ability to use the Site at any time, for any reason or no reason. The Provider may also block the User's access to the Site in the event of:
(a) violation of these Terms and Conditions;
(b) if the Provider is unable to verify or identify the information provided by the User; or
(c) believes that the User's actions may result in financial losses or legal liability for the User, for the Provider's clients or for its organization.
XVIII. TERMINATION AND TERMINATION OF THE AGREEMENT
18.1. These Terms and Conditions and the User's agreement with the Provider shall be terminated in the following cases:
XIX. SEVERABILITY CLAUSE
19.1. The fact that a separate provision of these General Terms and Conditions is or may be declared illegal, invalid or unenforceable shall not result in the illegality, invalidity or unenforceability of the remaining provisions of the General Terms and Conditions.
XX. APPLICABLE LAW
20.1. The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not regulated by these General Terms and Conditions.
XXI. ALTERNATIVE DISPUTE RESOLUTION
All disputes arising from or relating to these General Terms and Conditions, including disputes arising from or relating to their interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the General Terms and Conditions or to adapt them to newly emerged circumstances, will be resolved through understanding and mutual concessions.
In the event that an agreement cannot be reached that satisfies the parties to the dispute, and in accordance with Art. 181n, para. 4 of the Consumer Protection Act, you can use the following electronic link to the CPC or the online dispute resolution platform (ODR platform) within the European Union: https://ec.europa.eu/Alternative dispute resolution /ADR/ between consumers and traders is an out-of-court conciliation procedure on a voluntary basis. General conciliation commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services.
If you are not satisfied with any any of the elements of the website www.yakotosushi.bg or you do not agree with any clause(s) of these General Terms and Conditions – you should discontinue using the website www.yakotosushi.bg.