General terms of Shop.cupffee.me online store
Subject
Art. 1. (1) These General Terms and Conditions are intended to regulate the relations between Cupffee Ltd., with UIC 203075711 with address of registration in Plovdiv, Zapaden district, 45 “Koprivshtitsa” Blvd, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the e-commerce platform Cupffee.me, hereinafter referred to as "Shop.cupffee.me".
(2) All visitors to the Cupffee.me platform, regardless of whether they have registered, are obliged to comply with these terms and conditions and to refrain from any actions that could harm the rights or legitimate interests of the SUPPLIER, including not to perform any actions that are intended to destroy or damage the platform or any other system, as well as not to post material with prohibited, obscene, defamatory, threatening or malicious content for the SUPPLIER or for any third party. SUPPLIER reserves the right to remove and/or edit such material.
Supplier details
Art. 2. (1) Information pursuant to the Electronic Commerce Act and the Consumer Protection Act concerning the SUPPLIER:
1. Name of the Supplier: „Cupffee“ Ltd.
2. Headquarters and management address: Bulgaria, Plovdiv, Zapaden district, 45 “Koprivshtitsa” Blvd.
3. Address for exercising the activity and address for submitting user complaints: Bulgaria, Plovdiv, “Trakia” district, 1 “Asenovgradsko shose” Blvd.
4. Correspondence information Bulgaria, Plovdiv, “Trakia” district, 1 “Asenovgradsko shose” Blvd.,[email protected], mobile number 0884 931183
5. Entry in public registers: UIC 203075711
6. Registration under the Value Added Tax Act No BG 203075711
(2) Supervising authorities:
- Commission for Personal Data Protection
Address: Sofia, 2 ”Proff. Tsvetan Lazarov” street,
Telephone number.: (02) 940 20 46, Fax: (02) 940 36 40
е-mail: [email protected], [email protected]
Web page: www.cpdp.bg
- Consumer Protection Commission
Addres: Sofia, 4 A “Slaveikov” Sq. , Floor. 3, 4 and 6,
Telephone number.: 02 / 980 25 24, Fax: 02 / 988 42 18
Hotline: 0700 111 22
Web page: www.kzp.bghotline:0700 111 22
Website: www.kzp.bg
Platform characteristics
Art. 3. Cupffee.me is an e-commerce platform, available at the Internet address https://www.shop.cupffee.me/, through which Users have the opportunity to conclude contracts for the purchase and delivery of the goods offered by the Supplier on the platform, including the following:
1. To register and create an account for viewing the Supplier's e-shop and using the additional services for providing information;
2. To view the goods, their characteristics, prices and delivery conditions;
3. To conclude contracts with the Supplier for the purchase and delivery of the goods offered on the Cupffee.me platform;
4. To make any payments in connection with the concluded contracts through the Cupffee.me platform electronic means of payment;
5. To receive information about new goods offered by the Supplier on the Cupffee.me platform;
6. To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the Cupffee.me platform via the interface of the Cupffee.me website, accessible on the Internet;
7. To be notified of the rights arising from the law, primarily via the interface of the Cupffee.me platform on the Internet;
8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier on the Cupffee.me platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, consumer or commercial law.
Art. 5. (1) The Users shall conclude with the Supplier on the Cupffee.me platform a contract for the purchase and sale of the goods, at https://www. Cupffee.me/.
(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier on the Cupffee.me platform undertakes to arrange the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users are entitled to correct errors in the input of information no later than the statement of the conclusion of the contract with the Supplier on the Cupffee.me platform.
(3) Users shall pay the Supplier on the Cupffee.me platform remuneration for the goods delivered, in accordance with the conditions set out in the Cupffee.me platform and these General Terms and Conditions. The remuneration shall be in the amount of the price advertised on the Cupffee.me platform. The price for delivery is determined separately and expressly from the price of the goods.
Art. 6. (1) The User and the Supplier on the Cupffee.me platform agree that all statements between them in connection with the conclusion and performance of the purchase contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art.
(2) The electronic statements made by the Users of the Website shall be presumed to have been made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.
Registration for use of Shop.cupffee.me
Art. 7. (1) Access to the Platform is free, and no registration on the Platform or creation of an account is required to view, order and purchase goods and use other services offered through the Platform, as well as the full functionalities of the Platform.
(2) Registration of an account is optional for the User. Account registration requires the completion of the registration form on the platform. In the registration form, the User must provide the following data:
1. first and last name;
2. e-mail address;
3. password for remote access set by the User;
4. phone number;
5. country and delivery address and/or other required data according to the platform registration form, which will be stored in the Supplier's system.
Before registering an account, the User should tick the designated place in the registration form that he agrees to these General Terms and Conditions and the Privacy Policy (GDPR) of the SUPPLIER.
(3) The User may create an account on the Platform by authenticating through his/her Facebook or Google account, for which purpose the User shall click on the relevant button and select the relevant Facebook or Google account he/she wishes to use. Before registering an account, the User should tick the space indicated for this purpose that he agrees to these General Terms and Conditions and the Privacy Policy (GDPR) of the SUPPLIER.
(4) By accepting these General Terms and Conditions, the persons who have made the registration authorize the SUPPLIER and persons from its team to verify the data provided and to contact the person for identification and confirmation of the data provided by him/her, if deemed necessary.
(5) After filling in all the mandatory data in the registration form on the platform or after registration, the SUPPLIER sends the User a confirmation by email to the email address provided by the User for successful registration of the Account. The User's account is created and a contractual relationship is established between the User and the SUPPLIER.
(6) The Privacy Policy (GDPR) of the SUPPLIER applies to the personal data entered.
(7) After the successful registration and activation of an account, the User's account is created, which can be accessed depending on the method of registration, either by entering the email address and the password chosen by the User during registration, or through the Facebook or Google account used for the registration of the Account. After successful registration, the User will have the opportunity to change the data if necessary in the section provided for this purpose in his profile on the platform.
(8) When the User creates his/her account, he/she gains access to use the SUPPLIER's software program provided through the Platform. Before using the services of the Platform, the User should tick the designated place in the registration form that he agrees to these General Terms and Conditions and the SUPPLIER's Privacy Policy.
(9) By completing the registration of an account and placing a check mark in the designated place in the registration form that the User agrees to these Terms and Conditions, the contract for the use of the Platform between the Parties shall be deemed to be concluded. By completing the registration, the person who has made the registration declares and guarantees that he/she uses valid personal identification data when registering, respectively that he/she is a representative (legal or authorized) of a legal entity, that he/she has the authority to purchase goods and use services offered on the Platform on behalf and on behalf of the respective legal entity and that he/she uses his/her valid identity and data when registering.
(10) When registering, the User undertakes to provide correct and up-to-date data. Any person performing registration shall be liable for incorrect and/or incomplete data and information on the Platform. The SUPPLIER shall not be liable if the User or a third party has filled in incorrect and/or erroneous data at the time of registration or at a later stage, including in all cases where the SUPPLIER cannot deliver goods and/or provide any of its services as a result of incorrect contact details or other incomplete or incorrect information about the User.
(11) The SUPPLIER shall have the right to refuse the provision of services through the Platform by refusing to register an account on the Platform or delete/hide/deactivate an already registered account in all cases where the User has not fully and correctly filled in the required information, where there are suspicions that the User does not meet the conditions for use of the Platform (for example, has entered false data, does not have representative authority or for any other reason is not entitled to use the Platform or does not meet the requirements of the law, the Platform and/or these General Terms and Conditions).
(12) The user is responsible for all actions performed through or resulting from the use of his account. The User undertakes not to provide the access data to his account to persons who do not wish to act on his behalf and on his account. If the User provides them to a person, the User shall be deemed to have authorised that person to act through his account on his behalf and at his expense. In this case, the User is responsible for the actions of this person as his own.
(13) The User is responsible for the data and information filled in and requested by him through his account on the platform, as well as for the data provided by telephone to the SUPPLIER, if any.
(14) The User is obliged to notify the SUPPLIER in case of any change in the data provided to the SUPPLIER at registration or at a later stage. In the event of failure to comply with this obligation, the SUPPLIER shall not be liable for the provision of services using incomplete or inaccurate data, sending ordered goods to another address, issuing documents with false data or any other actions. In this case, the User shall be liable for payment of the goods ordered through the platform, as well as the additional costs, damages and lost profits of the SUPPLIER.
(15) In all cases, the User shall be liable for the payment of all goods ordered through the Platform, as well as for any additional costs, damages and lost profits incurred by the SUPPLIER and/or third parties as a result of incorrect information entered by the User or lack of subsequent notification.
(16) The provisions of this section concerning the requirements for persons who may register an account on the platform, as well as the obligations that arise for Users in relation to the data and information provided, shall apply accordingly to all cases of ordering goods through the platform by a User who does not have a registered account on the platform.
Technical steps for conclusion of a purchase contract
Art. 8. Users use the interface of the Supplier's page on the Shop.cupffee.me platform to conclude contracts for the purchase and sale of the goods offered by the Supplier.
Art. 9. Users conclude the contract for the purchase and sale of the goods on the Shop.cupffee.me platform according to the following procedure.
Provision of the necessary data, if the User has not yet registered on the Shop.cupffee.me platform;
2. Login to the ordering system on the Shop.cupffee.me platform by identifying with a username and password or by one of the possible ways (Facebook or Google);
3. Selecting one or more of the goods offered by the Supplier on the Shop.cupffee.me platform and adding them to a list of goods to be purchased;
4. Providing the details for making the delivery: delivery address; two names, email and telephone number of a contact person;
5. Provision of the necessary data depending on the chosen payment method: payment by card, payment by bank transfer or deferred payment.
6. Order confirmation.
Contents of the contract
Art. 10. (1) The Supplier and the Users shall conclude separate purchase contracts for the goods ordered by the Users, notwithstanding that they are selected by one electronic statement and from one list of goods to be purchased.
(2) The Supplier may arrange for the delivery of the goods ordered by the separate purchase contracts together and simultaneously.
(3) The rights of the Users in relation to the goods delivered shall be exercised separately for each purchase contract. The exercise of rights in relation to delivered goods shall not affect or have effect in relation to the purchase contracts for the other goods. If the User has the status of a consumer within the meaning of the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods, the exercise of the right of withdrawal from the purchase contract for a specific good shall not affect the purchase contracts for the other goods delivered to the User.
(4) The Supplier shall have the right at its discretion to refuse the execution of a User's order, for which the Supplier shall notify the User in due time, without being obliged to state a reason for the refusal.
Art. 11. When exercising the rights under the Purchase Contract, the User shall be obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 12. The User may pay the price for the individual purchase contracts in one lump sum when ordering the goods or upon their delivery.
Special clauses that apply only to persons who have the capacity of consumer within the meaning of the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods
Art. 13. (1) The rules of this Section of these General Terms and Conditions shall only apply to Users who, according to the data provided for the conclusion of the purchase contract or upon registration at Shop.cupffee.me, can be inferred to be consumers within the meaning of the Consumer Protection Act, the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods, the E-Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.
(2) The user-consumer shall have the right to make a complaint to the Supplier when the delivered goods clearly do not correspond to the goods ordered by him.
(3) The goods shall be deemed to comply with the contract of sale when:
1. have the characteristics specified on the platform and is fit for its normal use;
2. have the usual qualities and characteristics of goods of the same type that the User-Consumer can reasonably expect, taking into account the nature of the goods and the description of their specific characteristics made on the Platform.
(4) A claim for Customer Goods may be made by the User within two years of delivery of the Goods, but not later than two months from the date of discovery of the non-conformity with the agreed terms. The statutory warranty in favour of Customers is two years from the delivery of the Consumer Goods.
(5) The complaint may be submitted electronically or in writing to an authorized representative of the Supplier via the platform, by email to the following email address: [email protected], by courier or by post, or in person at the address of the Supplier indicated on the platform. The complaint may also be made orally, for which a complaint report shall be drawn up.
(6) When submitting a claim, the User-Consumer must indicate his/her data, the subject of the claim, his/her preferred method of satisfying the claim, respectively the amount claimed, as well as the contact address, including e-mail address. When submitting the claim, the User-Consumer must return at his own expense the claimed goods and attach the documents on which it is based, including: a receipt, an invoice or a document certifying payment or other documents establishing the non-conformity of the goods with the agreed and other documents supporting and establishing the claim. For the advertised defect, the parties shall sign a statement of defect, to which shall be attached photographs and samples of the advertised goods. When delivery is made by courier, the report shall be signed by the User and the courier in order for the claim to be examined by the Supplier.
(7) In the event of disagreement between the Supplier and the Client on the content of the report or the nature of the deficiencies, the Parties shall engage an independent expert/expert committee.
(8) The Supplier may not accept the claim if the relevant documentation or a suitable alternative is not provided.
(9) Claims for shortages and other obvious defects, including transport or delivery damage, may be made in writing upon acceptance of the goods by the User-Consumer, respectively shall not be accepted if not made at the time of delivery of the goods. Otherwise, the goods shall be deemed to have been accepted without objection for shortages and manifest defects. In the event of a timely, accurate and justified claim for deficiencies, the Supplier may, at its discretion, replace the deficient goods, supplement the delivery with the missing goods or compensate the User-Consumer for the deficiencies.
(10) The Supplier's team will examine the duly submitted complaints within 14 (fourteen) days after their receipt and will respond to the e-mail address provided by the User.
(11) In case of identified deficiencies, when the User-Consumer is delivered goods of a different type than ordered, or the delivered goods do not comply with the sales contract and the Supplier accepts the User's claim, within one month of the submission of the claim by the User-Consumer, the Supplier shall replace the delivered goods with goods that comply with the order placed by the User-Consumer, subject to the requirements of the Digital Content and Services and Sale of Goods Act. After the expiry of this period, the User-Consumer has the right to cancel the contract and be refunded the amount paid or to request a reduction in the price of the goods in accordance with Article 36 of the Law on the Provision of Digital Content and Digital Services and on the Sale of Goods.
(12) The goods for which the Supplier has accepted the User-Consumer's claim shall be returned to the address of the Supplier at the expense of the User-Consumer. Plovdiv, Trakia district, Trakia Blvd. "Asenovgradsko shose" № 1, unless the Supplier specifies another address. Goods shall be delivered complete, in their original packaging. The risk of damage during transport to the Supplier's address shall be borne by the User-Consumer.
(13) The Supplier shall not accept the claim and shall not be liable for any replacement or compensation if the goods are not returned in the form described in these General Terms and Conditions or if the prescribed documents are not submitted.
(14) The User-Consumer shall not be entitled to a claim if the non-conformity of the goods with the contract is due to improper or inadequate storage or other acts or omissions of the User-Consumer, including:
1. In case of improper operation or failure to follow the instructions and usual practices for the use of the goods;
2. In case of improper, inappropriate or unsuitable operation or storage;
3. Improper or poor storage or transportation;
4. Mechanical impact or other external influence;
5. When attempting to remove the defect independently or by a third party;
6. In case of improper treatment or natural wear;
7. In case of corrections or amendments on the invoice or other documents relating to the goods;
8. Where the defects are due to natural disasters or other causes beyond the Supplier's control;
9. Where the terms of these terms and conditions are not complied with.
(15) A complaint for defects in a particular good does not entitle the User-Consumer to refuse subsequent deliveries or payment for other goods to the Supplier under the same or any other legal relationship or order.
(16) In the event of replacement of defective goods or payment of compensation/refund of amounts for claims accepted by the Supplier, the User-Consumer shall be obliged to return the defective goods to the Supplier, and the Supplier shall set a reasonable time within which to deliver the new goods to the User after receipt of the defective goods by the User-Consumer or to pay the appropriate amount. The Supplier shall have no obligation to replace any goods or pay any sums if it has not first received the defective goods from the User-Consumer.
(17) The shelf life of the goods shall be as stated on the product page of the platform of the relevant goods and/or as stated on the packaging of the relevant goods and as required by law.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the Shop.cupffee.me platform are defined in the profile of each good on the Shop.cupffee.me platform.
(2) The price of the goods including all taxes and fees is determined by the Supplier in the profile of each good on the Shop.cupffee.me platform.
(3) Each product on promotion is marked with a special sign. The duration of the promotions is determined by the Supplier for each individual promotion, starting from the day indicated in the price reduction notice and valid until the date indicated therein or until the quantities are exhausted, but for a period not longer than one month and not shorter than one business day.
(4) The value of transport costs not included in the price of the goods shall be determined by the Supplier on the Shop.cupffee.me platform and shall be provided as information to Users when selecting the goods for the conclusion of the purchase contract.
(5) The methods of payment, delivery and performance of the contract are set out in these General Terms and Conditions and the information provided to the User through the mechanisms on the Shop.cupffee.me platform.
(6) The information provided to Users under this Article is up-to-date at the time of its visualization on the Shop.cupffee platform.
(7) The Users agree that all information required by the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods may be provided via the interface of the Shop.cupffee.me platform or by e-mail.
Art. 15. (1) The User agrees that the Supplier on the Shop.cupffee.me platform shall be entitled to accept advance payment for the contracts concluded with the User for the purchase and delivery of goods.
(2) The User shall pay the Supplier on the Shop.cupffee.me platform the price for the delivery of the goods before the time of delivery.
(3) In the event that the value of the User's order is equal to or exceeds BGN 10 000, payment shall be made only by transfer or deposit to the Supplier's payment account.
Art. 16. (1) With regard to goods that are not consumable and fall within the scope of the Consumer Protection Act in the part of distance contracts and within the scope of the Act on the provision of digital content and digital services and on the sale of goods, the User shall have the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier through the single withdrawal form available on the Supplier's website on the Shop platform.cupffee.me in Appendix 1 to these General Terms and Conditions. Information on the exercise of the right of withdrawal is available in Appendix 2 to these General Terms and Conditions.
(2) The right of withdrawal under par. 1 shall not apply in the following cases:
1. for goods which are not in their original packaging or are missing parts thereof;
2. for goods whose packaging has been unsealed;
3. for the delivery of goods made to the User's order or according to the User's individual requirements;
4. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
5. for the delivery of sealed goods which have been unsealed after delivery and cannot be returned due to hygiene or health protection considerations;
6. for the delivery of goods which, having been delivered and by their nature, have become mixed with other goods from which they cannot be separated.
(3) Where the supplier on the Shop.cupffee.me platform has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the consumer shall have the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the goods. Where the information is provided to the consumer within the withdrawal period, the withdrawal period shall start from the date of its provision. The Consumer shall be entitled to submit the withdrawal statement under this Article directly to the Supplier via the single withdrawal form available on the Supplier's website on the Shop.cupffee.me platform at Annex No. 1 to these General Terms and Conditions, where this relates to non-consumer goods that fall within the scope of the Consumer Protection Act in the section on distance contracts.
(4) The Supplier shall refund the amounts received using the same means of payment used by the consumer in the original transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that this does not involve any costs for the consumer.
(5) When exercising the right of withdrawal, the costs of returning the goods delivered shall be deducted from the amounts to be refunded under paragraph (4), except in cases where the consumer arranges for the return of the goods himself and at his own expense. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The consumer shall be obliged to store the goods received from the Supplier on the platform and to ensure that their quality and safety are maintained during the period referred to in par.
(7) The consumer may exercise his right to withdraw from the contract with the Supplier by giving written notice to the Supplier using the standard withdrawal form available at Appendix 1 to these General Terms and Conditions.
(8) Where the Supplier on the Shop.cupffee.me platform has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer until he has received the goods or until the consumer has provided proof that he has sent the goods back, whichever is the earlier.
Art. 17. (1) The delivery period of the goods shall be determined for each item separately upon conclusion of the contract with the User via the Supplier's website on the Shop.cupffee.me platform, and the goods may be delivered in a time slot selected by the User.
(2) If the Supplier on the Shop.cupffee.me platform is unable to fulfil the contract due to not having the ordered goods available, it shall apply one of its methods published on the Shop.cupffee.me platform and these General Terms and Conditions, after obtaining express consent from the User.
Art. 18. In the case of conclusion of a contract for the sale of goods containing alcohol and when ordering spirits, the User declares that he is 18 years of age or older.
Rights of the Supplier
Art. 19. The SUPPLIER shall be entitled to refuse to enter into a contract and/or to accept and/or execute an order from a User without compensation or any other action or payment to the User when:
1. The user is incorrect;
2. the information provided by the User is incomplete, incorrect or invalid;
3. the User's actions may cause damage to the SUPPLIER or its affiliates;
4. the User's conduct is contrary to law, morality or commercial practices.
Art. 20. The Supplier shall have the right to refuse delivery of ordered goods without liability for non-performance in the following cases:
1. the information provided by the User is incomplete or incorrect;
2. the User's actions may harm the SUPPLIER;
3. The User has not paid for goods purchased from the Supplier.
Art. 21. The SUPPLIER shall have the right to treat a User as incorrect also in cases where:
1. there is non-compliance by the User with the terms and conditions;
2. an unfair, arrogant or rude attitude towards the Supplier's representatives has been established;
3. systematic abuse by the User against the SUPPLIER.
Art. 22. The Supplier may fail to deliver some or all of the goods of the order for various objective reasons, including but not limited to the exhaustion of their stock, in which case the Supplier shall not owe compensation to the User. The Supplier shall send an email notification of the refusal or inability to deliver all or part of the goods if the latter has provided a valid email address. In this case, the User is obliged to pay for the delivered goods - part of the order.
Prices and payment methods
Art. 23. The prices of the goods offered shall be those indicated on the Supplier's platform at the time of ordering, except in cases of obvious error. In case of obvious error, the Supplier reserves the right to obtain from the User the actual price of the goods ordered by the User.
Art. 24. By ordering the Goods, the User undertakes to pay the price of the Goods and the price of delivery, separately from the price of the Goods where such is due under these General Terms and Conditions.
Art. 25. The prices of the Goods are in the currency indicated on the relevant product page of the Platform and are final prices inclusive of all taxes and charges, including value added tax.
Art. 26. The final amount payable by the User shall be the sum of the price of all the individual goods ordered by the User plus the price of delivery, if any.
Art. 27. The cost of delivery is not included in the price of the goods and shall be paid additionally by the User.
Art. 28. The Supplier reserves the right to change at any time and without prior notice the prices of the goods offered on the Platform and/or the price for delivery, such changes will not affect orders already confirmed.
Art. 29. The Supplier may provide discounts for the goods offered on the Platform, in accordance with the requirements of Bulgarian legislation and rules set by the Supplier. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, promo codes, loyalty discounts provided individually, randomly or as a result of participation in a prize game, etc.).
Art. 30. In the event that the User requests the issuance and is entitled to receive an invoice or other accounting document for the payment of a price for goods purchased by him, the User shall provide all the necessary information for the purpose of accounting for the sale, respectively for the issuance of an invoice in accordance with the Bulgarian legislation in force when registering an account on the Platform or when placing an order for the purchase of goods when the User does not have a registered account.
Art. 31. If the User has stated through the Platform that he wishes to receive an invoice, the Supplier shall issue the User with an invoice for each payment for an order through which the User has purchased goods. The invoice shall include the price of the goods and the cost of delivery.
Art. 32. The Supplier may send the invoice together with the goods(s) upon their delivery to the User or send it to the email address entered by the User on the platform when placing an order.
Art. 33. The User may pay the price of the ordered goods using one of the following options at his choice:
1. by credit/debit card;
2. with cash on delivery for goods delivered on the territory of the Republic of Bulgaria;
3. by bank transfer.
Art. 34. The SUPPLIER is entitled to add payment methods through integration with third parties. The Supplier's partners in this respect can be found on the Platform, including in the Shipping and Returns section.
Art. 35. The SUPPLIER shall not be held liable if a payment method involving a third party payment service SUPPLIER is not available or is otherwise not functioning due to reasons that cannot be attributed to the SUPPLIER.
Art. 36. All bank and other fees, bank and third party commissions in connection with the payment, exchange rate losses or commissions and other costs and fees associated with payments shall be borne by the User. The User undertakes to take all necessary steps and pay all necessary incidental charges and expenses so that the Supplier receives the full price of the goods ordered.
Art. 37. The ownership of the goods shall pass to the User upon payment of their price. Until that time, they shall be considered the property of the Supplier.
Art. 38. The Supplier shall have the right to refuse the delivery of goods when the User has not paid for other goods purchased from the Supplier, including when the price of the delivery itself has not been paid.
Contract performance. Delivery
Art. 39. (1) The Supplier shall execute the orders within the time limits and at the prices in accordance with its delivery policy.
(2) The Supplier on the Shop.cupffee.me platform may arrange for the delivery and handing over of the goods to the User by the relevant courier within the time limit specified at the conclusion of the contract.
(3) If the time limit referred to in par. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier shall arrange delivery and handover within a reasonable time. If the Supplier fails to arrange delivery within the time limit specified, the Supplier shall notify the User in advance.
Art. 40. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the Shop.cupffee.me platform.
(2) If the User does not notify the Supplier on the Shop.cupffee.me platform in accordance with par. 1, the goods shall be deemed to be approved as compliant, except for hidden defects.
Art. 41. (1) In the event that upon examination of the goods the User finds damages, defects and/or hidden defects are later identified, the Supplier, after being duly notified on the platform, may at its discretion replace the goods with new goods of the same type or refund the value of the respective damaged goods, whereby the Supplier shall notify the User of its decision at the contact details provided by the User on the platform. In either case, the User shall send the damaged goods back to the Supplier at the User's expense. This clause does not affect the complaint rights of a User who has the status of a consumer under the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods.
(2) In the event of replacement of defective goods or payment of compensation/refund for damaged goods, the Supplier shall set a reasonable time within which to deliver the new goods to the User after receipt of the defective goods from the User or pay the relevant amount. The Supplier shall have no obligation to replace goods or pay any sums if it has not first received the defective goods from the User.
Art. 42. (1) If the Supplier on the Shop.cupffee.me platform is unable to fulfil the contract due to the fact that he does not have the ordered goods, he shall notify the User thereof and, in the event that the payment method chosen is cash on delivery, the value of the missing products shall be deducted from the final price of the order.
(2) If the Supplier on the Shop.cupffee.me is unable to fulfil the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User of this and in the event that the orders are paid for online when they are placed, the Supplier shall offer the User one of the following two options: to provide a promotional discount code for the value of the missing products or to refund the corresponding amount to a bank account specified by the User. In the absence of an explicit statement by the User of the option chosen and without specifying a bank account, the Supplier shall provide a promo code to be used by the User on a subsequent order.
Art. 43. For cases not covered by this Section, the rules on commercial sale set out in the Commercial Act, the Food Act, the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods shall apply.
Protection of personal data
Art. 44. (1) The SUPPLIER shall take measures to protect the personal data of the User in accordance with Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of the individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) and the Data Protection Act. The SUPPLIER processes the personal data of the Users on the basis of Art. 6 para. 1, б. "b" of the GDPR - the processing is necessary for the performance of a contract to which the customer is a party or on the basis of Art. 6 para. 1, б. "a" of the GDPR - on the basis of explicit consent provided by the User.
(2) The SUPPLIER has provided information on the personal data it processes and the purposes for which they are processed, ĸaĸ and all information required under Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) in the Privacy Policy, which is an integral part of the General Terms and Conditions.
(3) For security reasons for the Users' personal data, the SUPPLIER on the Shop.cupffee.me platform will only send the data to the e-mail address that was provided by the Users at the time of registration.
(4) The SUPPLIER on the Shop.cupffee.me platform is entitled to store data on the User's final communication device, unless the latter expressly opposes this.
(5) The SUPPLIER shall only process the personal data of the User for the purposes of the dealership with the express consent of the User, which the User may withdraw at any time.
(6) The User agrees that the SUPPLIER may send him e-mails and e-mail messages concerning the provision of the service, the improvement of the functionalities, promotional messages for the User and others related to the performance of the contract.
Art. 45. (1) At any time, the SUPPLIER on the Shop.cupffee platform.me shall be entitled to require the User to identify himself and to certify the authenticity of any of the circumstances and personal data declared at the time of registration.
(2) In the event that for any reason the User has forgotten or lost his username and password, the SUPPLIER on the Shop.cupffee.me platform shall be entitled to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: https://www. shop.cupffee.me/ > login > forgotten password.
Amendment of and access to the terms and conditions
Art. 46. (1) These General Terms and Conditions may be amended by the Supplier on the Shop.cupffee.me platform, for which the latter will notify all registered Users in an appropriate manner
(2) The Supplier on the Shop.cupffee.me platform and the User agree that any amendment and modification of these General Terms and Conditions shall be effective against the User in one of the following cases:
1. after being expressly notified by the Supplier on the Shop.cupffee.me platform and if the User does not declare within the one-month period granted to him that he rejects them; or
2. after their publication on the Supplier's website on the Shop.cupffee.me platform and if the User does not declare within one month of their publication that he rejects them; or
3. with the User's express acceptance of them through his/her account on the Supplier's website on the Shop.cupffee.me platform.
(3) The User agrees that all statements of the SUPPLIER on the Shop.cupffee.me platform in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address provided by the User upon registration. The User agrees that e-mails sent pursuant to this Article do not need to be signed with an electronic signature in order to be effective against him.
(4) The SUPPLIER shall have the right to make amendments and improvements to the Platform, as well as to the form and content of the goods and services provided, at any time. The SUPPLIER is entitled to temporarily or permanently discontinue the goods and services offered, including if this is necessary to update them. In such cases, the SUPPLIER shall warn the User via the Platform. In such cases, the SUPPLIER shall not be liable for any damages in the form of losses and lost profits suffered by the User.
Art. 47. The SUPPLIER shall publish these General Terms and Conditions at: https://shop.cupffee.me/bg/terms-and-contitions/ together with any amendments and modifications thereto.
Termination
Art. 48. The present General Terms and Conditions and the User's contract with the SUPPLIER on the Shop.cupffee.me platform shall be terminated in the following cases:
1. in the event of termination and liquidation or bankruptcy of one of the parties to the contract;
2. by mutual agreement of the parties in writing;
3. in the event of objective impossibility of one of the parties to the contract to perform its obligations;
4. in the event of seizure or sealing of the equipment by state authorities;
5. in the event of deletion of the User's registration on the Shop.cupffee.me platform. In this case, the concluded but unfulfilled purchase contracts shall remain in force and be enforceable;
Art. 49. The SUPPLIER shall have the right to unilaterally terminate the contract at its own discretion, without giving notice and without compensation, in the event that it finds that the User is using the Shop.cupffee.me platform in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practices in e-commerce.
Responsibility
Art. 50. The User undertakes to indemnify and hold harmless the Supplier on the Shop.cupffee platform.me in the event of legal actions and other claims of third parties (whether or not justified), for all damages and costs (including attorney's fees and court costs) arising out of or in connection with (1) the failure to perform any of the obligations under this contract, (2) the infringement of copyright, production, broadcasting or other intellectual or industrial property rights, (3) the unauthorized assignment to others of rights granted to the User during the term and subject to the conditions of this Agreement, and (4) the misrepresentation of the presence or absence of the capacity of a consumer within the meaning of the Consumer Protection Act and the Digital Content and Services and Sale of Goods Act.
Art. 51. The Supplier shall not be liable in the event of force majeure, fortuitous events, Internet problems, technical or other objective reasons, including orders of the competent state authorities, which objectively prevent the performance of the contract.
Art. 52. (1) The SUPPLIER shall not be liable for damages caused by the User to third parties.
(2) The SUPPLIER shall not be liable for pecuniary or non-pecuniary damages in the form of lost profits or damages suffered by the User in the process of using or not using Shop.cupffee.me and concluding purchase contracts with the SUPPLIER.
(3) The Supplier shall not be liable for the time during which the platform was unavailable due to force majeure or other objective circumstances over which the Supplier has no control.
(4) The Supplier shall not be liable for damages from comments, opinions and posts under the products, news and articles on the Shop.cupffee.me platform.
(5) The SUPPLIER is not responsible for any errors that may occur on the Platform, including errors caused by changes, settings and other actions not performed by the SUPPLIER.
Art. 53. (1) The SUPPLIER shall not be held liable in the event of overcoming the security measures of the technical equipment and consequent loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The SUPPLIER shall not be held liable in the event of conclusion of a purchase contract, provision of access to information, loss or alteration of data occurring as a result of false legitimation of a third party posing as the User, if from the circumstances it can be
Intellectual property
Art. 54. The intellectual property rights to all materials and resources located on the SUPPLIER's platform (including available databases) are protected under the Copyright and Related Rights Act, belong to the SUPPLIER and may not be used in violation of applicable law.
Art. 55. All content of the e-shop located on the platform, including all published texts, images, photos, videos, articles, program code, are copyrighted. They belong to the SUPPLIER and are protected by the Copyright and Related Rights Act. The User may not copy, store, process, publish, distribute in original or revised form, or use in any other way the texts, images or other parts of the content of the Platform. Copying and using them constitutes a gross violation of the SUPPLIER's rights and of the mandatory provisions of the law.
Art. 56. All proprietary and non-proprietary copyrights in the Platform, including but not limited to the design, logo and other graphic elements, software, programming code and functionalities, working materials and demo versions, belong to the SUPPLIER and the SUPPLIER owns the copyrights in the Platform as well as in all its elements and components, know-how for all activities and functionalities related to the Platform. The SUPPLIER is also the owner of the Platform domain with all possible extensions. Copying and using them directly or indirectly (e.g., but not limited to, meta tags and other indexing or web search techniques) without prior written permission from the SUPPLIER is prohibited and constitutes a gross violation of the SUPPLIER's rights and the mandatory provisions of Bulgarian law.
Art. 57. Nothing in these General Terms and Conditions shall confer or be construed as conferring on the User any right (other than the right to use services specifically granted under these General Terms and Conditions) or legal interest in any patents, copyrights, trade secrets, technical data, know-how, logos, trademarks, trade names, the SUPPLIER's marks or other proprietary rights now or hereafter owned, used or claimed by the SUPPLIER or any subsidiary or affiliated company, such SUPPLIER's
Art. 58. Users are only granted the right to use the Platform in accordance with its ordinary purpose, without the right to modify or copy materials, to use materials for commercial purposes or for public display (commercial and/or non-commercial), to decompile, disassemble or reverse engineer the software on the Platform, to remove copyright or other intellectual property rights notices from the content of materials, to remove copyright or other intellectual property rights notices, to provide "og The right to use is automatically terminated upon violation of any of the foregoing basic restrictions and may be revoked at any time.
Art. 59. In case of copying or reproduction of information by a User outside the permissible, as well as in case of any other violation of intellectual property rights on the SUPPLIER's resources, the SUPPLIER shall be entitled to claim compensation from such User, including for direct and indirect damages suffered in full.
Art. 60. Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the SUPPLIER's Platform.
Art. 61. The User shall not have the right to access the programming code of the Platform and shall not copy, store, process, modify, publish, distribute in its original or revised form, or otherwise use the programming code, texts, images or other parts of the content of the Platform. Any attempt by the User to access, copy or modify the programming code of the Platform shall be deemed a gross violation of these General Terms and Conditions and the rights of the SUPPLIER.
Art. 62. Upon creation of an Account on the Platform, the User does not acquire any rights or licenses to the content of the Platform, the goods, products or brands of the SUPPLIER or third parties.
Art. 63. The trademarks used on the Platform as well as the domains with this name are the property of the SUPPLIER or the SUPPLIER has the right to use them. The use of such trademark, domain or name, directly or indirectly without prior written permission from the SUPPLIER is prohibited and shall be sanctioned according to law.
Art. 64. In the event of non-compliance with the terms of this Section, the SUPPLIER shall be entitled to immediately terminate the User's use of the Platform and/or deactivate the User's account on the Platform, without notice, notice and without any compensation or other form of compensation to the User, and to claim compensation from the User for any damages and loss of profits caused by the User's actions.
(1) The User undertakes to secure the consent of all third parties to whom he has granted access to his account or the Platform on his behalf and at his expense to respect the copyright and other intellectual property rights of the SUPPLIER and of other third parties in accordance with this Section.
(2) The prohibitions on infringement of the SUPPLIER's copyright and other intellectual property rights shall apply to all third parties, regardless of whether they are registered on the Platform and/or have an account, and in the event of infringement the SUPPLIER shall be entitled to compensation for all damages and lost profits from the actions of third parties.
Other conditions
Art. 66. (1) The User and the SUPPLIER on the Shop.cupffee.me platform undertake to protect each other's rights and legitimate interests, as well as to protect their trade secrets that have become known to them in the course of the performance of the contract and these General Terms and Conditions.
(2) The User and the SUPPLIER undertake not to make public any written or oral correspondence between them during and after the expiry of the contract period. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc. may be considered as public knowledge.
(3) By accepting these General Terms and Conditions, the User declares that he has been provided with information and is familiar with:
1. the name and address and any other identifying data of the Supplier;
2. all characteristics of the goods and services provided by the Supplier;
3. information on the composition, packaging, purpose and use of the goods and services provided by the Supplier;
4. availability of goods;
5. the hazards associated with the normal use, application or maintenance of the goods;
6. the final price of the goods and the price for their delivery including all taxes and fees;
7. the terms of payment, delivery, performance, the date on which the Supplier undertakes to deliver the goods;
8. the conditions, the time limit and the method of complaint and cancellation;
9. the period for which the price of the goods is valid;
10. the terms and duration of the warranty/guarantee;
11. contact information for the Supplier, including telephone and e-mail;
12. the technical steps in the conclusion of the contract and their legal significance;
13. the technical means for detecting and correcting errors in the input of information before the contract statement is made;
14. the User's agreement to these terms and conditions will be stored electronically and a separate paper contract will not be stored by the Supplier;
15. The contract with the Supplier shall be concluded in Bulgarian;
16. The supplier is registered under the VAT Act.
(4) The User consents to the conclusion of a distance contract as well as to advance and prepayments for the delivery of the Goods.
Art. 67. In the event of a conflict between these General Terms and Conditions and the provisions of a special contract between the Supplier on the Shop.cupffee.me platform and the User, the provisions of the special contract shall prevail.
Art. 68. The possible invalidity of any of the provisions of these general terms and conditions shall not invalidate the entire contract.
Art. 69. (1) The laws of the Republic of Bulgaria shall apply to any matters not covered by this contract relating to the performance and interpretation of this contract.
(2) The User shall be entitled to refer any disputes with the SUPPLIER concerning the performance of this contract to the Alternative Dispute Resolution (ADR) platform for out-of-court settlement, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In the event of failure to agree on an out-of-court settlement, the parties may refer the dispute to the competent Bulgarian courts and the Commission h
Art. 70. These General Terms and Conditions shall enter into force for all Users on 08.08.2021.
The General Terms and Conditions were last amended on 01.03.2024.