TERMS AND CONDITIONS
This document contains the general conditions of contract for use of the services provided by „KA Investing” EOOD services through the website FRESHHOUSE.BG (“Terms and Conditions”) and governs the relationship between „KA Investing“ EOOD and each of the users access through the website FRESHHOUSE.BG services.
I. DEFINITIONS In the interpretation and application of these General Terms and Conditions terms and expressions shall have the following meanings:
1.1. „KA Investing“ EOOD (hereinafter referred to as „KA Investing“) is a commercial company, UIC 202261182, with registered office in Sofia, e-mail: FRESHHOUSE.email@example.com, providing services subject to these terms, administered through the portal: http: // FRESHHOUSE.BG; registered under the Value Added Tax VAT number: BG 202261182.
1.2. FRESHHOUSE.BG (http: // FRESHHOUSE.BG) is a website (portal) – virtual store, through which consumers receeve the services described in these Terms and Conditions.
1.3. “USER” is any person who uses any of the services provided through the website FRESHHOUSE.BG services.
1.4. “Profile” is a separate part of FRESHHOUSE.BG, containing user information provided from the USER upon registration and held by „KA Investing“. The access profile is possible by entering a user name and password. The profile allows the user to view and edit the data entered during registration, to have access to his personal profile, change his password to subscribe, respectively to quit the subscription for the newsletter and more.
1.5. “Username” is selected by the USER and is a unique code of letters and / or numbers individually for the USER to identify himself at FRESHHOUSE.BG.
1.6. “Password” is a code chosen by the user whish is a combination of letters and / or numbers and is used together with the Username to identify the USER. 1.7. “Server” is a device or set of connected devices with the required installation of system software to perform tasks related to the storage, processing, receiving or transmitting of information.
1.8. “Website” is a specific place in the global Internet network, accessible through its unique address (URL) protocol HTTP or HTTPS and containing files, programs, text, sound, pictures, images, hyperlinks or other materials and resources.
1.9. “Accident” was unforeseen at the time of conclusion of the contract extraordinary circumstances, which makes its performance objectively impossible.
1.10. “Commercial communications” are advertising or other messages to promote, directly or indirectly, the goods, services or image of a company or individual performing trade or production activity as well as exercising a regulated tasks.
II. CONTENT OF THE CONTRACT
2.1. „KA Investing“ through the Website FRESHHOUSE.BG is providing to the user the “Services” as per the definitions of this contract in compliance with the latter defined Terms and Conditions of this contract.
2.2. Some of the services of the Website FRESHHOUSE.BG are provided to all consumers without the need for prior registration. These include, but are not limited to: access and use, subject to the rules of these Terms and Conditions, information resources, view photos, view menu varaities available through the website FRESHHOUSE.BG – publications and other content posted on the website FRESHHOUSE.BG; Services “Search” with the condition for access and opportunity for automated search of data structured according to various predetermined criteria or user specified keywords;
2.3. The partial use of the services of the Website FRESHHOUSE.BG is possible only after registration, creation of user profile and entering the username and password. These include, but are not limited to: the “Orders for Delivery” and “Orders for seat in” consisting in the provision of courier services and delivery address and ordering goods to be taken by the customer on site by some of the places of “FRESH HOUSE “.
III. SCOPE. ACCEPTANCE OF TERMS AND CONDITIONS
3.1. These Terms apply to relations with consumers who have registered on the website FRESHHOUSE.BG (“Registered User”). These Terms apply in the relations with users who are not registered on the website FRESHHOUSE.BG (“Unregistered Users”) as well independent of the fact that their rights are limited to the use of the services described in paragraph 2.2..
3.2. The text of these Terms is available on the Internet website address http://FRESHHOUSE.BG in a way that allows its storage and repetitive review.
3.3. In order to use the services under item. 2.3. of these Terms, the user must first register by filling out the electronic registration form, available in real time (on-line) on the Internet page
3.3.1 In the process of registration, by ticking the box “I agree with the conditions of „KA Investing“ OOD and pressing the virtual button” Register “, the user, makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature which declares that it is familiar with these Terms and conditions, accepts them, agrees with them and undertakes to respect and follow them.
3.3.2 Providing a limited amount of the required data in the registration form, „KA Investing“ reserves the right to refuse registration.
3.3.3 In the event of fraud or the misleading content as well as non-updating of changes, „KA Investing“ has the right to terminate or suspend immediately and without notice the provision of services and the maintenance of the registration. In this case the termination of the provision of services shall be deemed to automatically terminate the contract.
IV. USERNAME AND PASSWORD. ACCOUNT
4.1. Upon registration, the USER receeves a unique user name and password. If the username requested by the USER is already taken, the USER can receeve a random selected user name or password. Through these credentials the USER gets access to its profile, and the permission to use the Services under item. 2.3.
4.2. The username is a unique code of letters, numbers and symbols through which the USER is identified when using the services under item. 2.3. „KA Investing“ does not control and is not responsible for the coincidence of the user name with the real name of the USER, whether it affects the rights of third parties and in particular the right to a name or other personal rights, trade name (company), right trademark or other intellectual property rights.
4.3. The password is a code of letters, numbers and characters that together with the username is used to access a particular user profile.
4.4. The user is obliged not to disclose to third parties the password and immediately notify „KA Investing“ in case of unauthorized access, as well as the likelihood of such. The user is obliged to assure and to take measures that are reasonably necessary in order to protect the password and is fully responsible for all acts performed by him or by a third party using them.
V. CONCLUSION OF THE CONTRACT
5.1. The contract between the parties shall take effect upon such agreement, defined in the content specified in paragraph 3.2. Or so. 3.3.1.
5.2. The contract is concluded in Bulgarian.
5.3. The contract takes effect:
a) For non-registered users – until the service under section 2.2 is discomtinued;b) For registered users – unlimited starting with the registration of theUSER until the termination of the contract under the conditions in the Terms and Conditions.
VI. 3RD PARTY INTERACTIONS Based on the business needs and upon its discretion, „KA Investing“ may involve 3rd party vendors or individuals to provide services to „KA Investing“ and the USER. In such cases „KA Investing“ may disclose information about the USER to the 3rd party involved, based on the business need. With the acceptance of the Terms and Conditions the USER declares its agreement to such involvement and the confirms his agreement to share the required personal information as well as redeems „KA Investing“ from responsibilities and liabilities resulting from actions through 3rd party vendors.
VII. RIGHTS AND OBLIGATIONS OF THE USER
7.1. USER is responsible to provide the necessarities to use the services provided by „KA Investing“ Services client (terminal devices for Internet access and related software applications) and Internet access.
7.2. USER is entitled to access on-line regime to services provided by FRESHHOUSE.BG, subject to the conditions and access requirements set by the „KA Investing“.
7.3. USER has the right at any time in its sole discretion to terminate use of the services provided by „KA Investing“ Services by disabling them from the profile or terminate the registration on the Website FRESHHOUSE.BG. By doing so the USER discontinues use of services under paragraph 2.2.. From the moment of termination of registration and for unregistered USERS – upond discontinue the use of the services by p. 2.2., the contract between the parties shall be automatically terminated and „KA Investing“ will stop the access of the USER to user’s profile and has the right to suspend access as well as to delete from its servers all User Content in accordance with paragraph. 14.2. hereof. Elimination of the provision of certain services does not lead to termination of the contract.
VIII. RIGHTS AND OBLIGATIONS OF „FRESH HOUSE“
8.1. „KA Investing“ is responcible and agrees to undertake the necessary actions to enable the USER to use the Services.
8.2. „KA Investing“ has the right to send commercial messages to consumers, including through the “Email box” in order to offer information and content about the products and / or services as well as to make inquiries on various issues, conduct polls and other similar type of communication. By accepting these Terms and Conditions, the USER agrees to receive commercial messages from „KA Investing“.
8.3. „KA Investing“ reserves the right to temporarily or permanently discontinue the provision of specific services available through the Website FRESHHOUSE.BG, by notifying the user with a message on the website.
IX. INTELLECTUAL PROPERTY
9.1. By using the Services, subject to these Terms and Conditions, the USER has access to content and resources that are subject to copyright or other intellectual property rights of „KA Investing“. USER has access to content in order to use it for personal use in accordance with these Terms and Conditions and shall not use, record, store, reproduce, modify, adapt and publicly distribute intellectual property, which are made available to him in the use of the Services . Notwithstanding the above, the User may not remove trademark signs and attributes of other intellectual property rights of materials available to him, whether the holder of the rights is „KA Investing“ or another user.
X. RESPONSIBILITY. LIMITATION OF LIABILITY
10.1. „KA Investing“bears no responsibility for failure of service in the event of circumstances beyond its control – in cases of force majeure, fortuitous events, problems with the Internet network and in providing services beyond the control of „„KA Investing“ problems due to user equipment, and in case of unauthorized access or third party intervention in the functioning of the information system or servers not in control of „KA Investing“.
10.2. By accepting these Terms and Conditions USER declares that he is aware and accepts the possibility of any disruption or other difficulties through the Internet connection to the Website FRESHHOUSE.BG, which can occur regardless of the efforts of „KA Investing“. USER declares that he will not claim any compensation from „KA Investing“ for profit loss, damage or inconvenience due to the occurrence of the above difficulties or interruptions of Internet connection, including in relation to the capacity of this connection.
XI. RIGHTS „KA INVESTING“ IN CASE OF FAILURE OF THE OBLIGATIONS OF THE USER
11.1. „KA Investing“ has the right without notice to disable the password to access the user’s profile, if in the judgment of „KA Investing“ USER violates these Terms. In these cases, „KA Investing“ has the right to terminate the registration of the user and to suspend the provision of the service in paragraph 2.3.. Contract with the customer shall be automatically terminated as of the date of termination of registration.
XII. TERMINATION AND CANCELLATION OF THE CONTRACT
12.1. Except as provided in these Terms, the contract between the parties shall be terminated upon the occurrence of any of the following circumstances: and / suspension of the „KA Investing“ or termination of maintenance of the Website FRESHHOUSE.BG; b / mutual consent of the parties for termination; c / other cases provided by law.
XIII. OTHER CONDITIONS
13.1. The parties agree that in the event that any provision in these Terms is invalid, this will entail the nullity of the contract clauses or other parts. The invalid clause will be replaced by mandatory rules of law or practice.
13.2. All outstanding of this contract, the provisions of the current legislation of the Republic of Bulgaria.
13.3. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. If no agreement is reached, all outstanding disputes arising from the contract between the parties or relating to it, including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or adaptation to new circumstances shall be resolved by the competent Bulgarian legislation court in Sofia.
These Terms and Conditions are approved by the manager of „„KA Investing“ LTD of 25.05.2016 and entered into force on 25.05.2016