Subject

Art. 1. (1) These general terms are intended to regulate the relations between „Cupffee“ ltd, with UIC 203075711 with registration address – Plovdiv, Zapaden district, 45 “Koprivshtitsa” Blvd, hereinafter reffered to as SUPPLIER, and the customers, hereinafter reffered as USERS of the online platform Cupffee.me, hereinafter reffered as „Cupffee.me”.

Supplier’s data

Art. 2. (1) Information under the Electronic Commerce Act and the Consumer Protection Act regarding 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.,office@cupffee.me, mobile number 0884 931 183
5. Entry in public registers: UIC 203075711
6. Registration under the Value Added Tax Act № BG 203075711
(2) Supervising authorities:
1. 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: kzld@government.bg, kzld@cpdp.bg
Web page: www.cpdp.bg
2. 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.bg

Platform characteristics

Art. 3. Shop.cupffee.me is a platform for online trading, accessible on the internet on: https://www.shop.cupffee.me/, using which the Users are enabled to make contracts, regarding purchase and sale and/or delivery of the goods offered by the Provider on the platform, including the following:
1. To register and create a user profile for viewing the online store of the Provider and to use the additional services for providing information;
2. To browse the goods, their characteristics, prices and delivery conditions;
3. To conclude contracts with the Supplier for purchase and sale and delivery of the goods offered form in the platform Shop.cupffee.me;
4. To make any payments in connection with the concluded contracts through the platform Shop.cupffee.me by electronic means of payment.
5. To receive information about new items, offered by the Supplier on the platform – Shop.cupffee.me;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Suplier on the platform Shop.cupffee.me through the interface of the page Shop.cupffee.me, freely accessible on the Internet ;
7. To be informed about the rights arising from the law, mainly through the interface of the platform Shop.cupffee.me on the Internet;
8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier on the platform Shop.cupffee.me organizes the delivery of the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users conclude with the Provider on the platform Shop.cupffee.me a contract for purchase and sale of goods, on address https://www.Shop.cupffee.me /. The contract is concluded in Bulgarian and is stored in the database of the Provider on the platform.
(2) By virtue of the contract, concluded with the Users for purchase and sale of goods, the Supplier on the platform Shop.cupffee.me is obligated to organize the delivery and transfer of ownership to the User of the goods, specified by him through the interface on the platform. Users have the right to correct errors in the entered information no later than the moment before submitting the statement for concluding the contract with the Supplier on the platform Shop.cupffee.me.
(3) Users pay the Supplier of the platform Shop.cupffee.me payment for the delivered goods, according to the conditions specified on the platform Shop.cupffee.me and the current terms and conditions. The payment is in the amount, specified on the platform Shop.cupffee.me.
Art. 6. (1) The User and the Supplier on the platform Shop.cupffee.me agree that all statements between them in connection with the conclusion and execution of the contract of sale may be made electronically and through electronic statements, following the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User upon registration, if the User has entered their own username and password.

Content of the contract

Art. 10. (1) The Supplier and the Users conclude separate contracts for purchase and sale of the goods, declared by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.
(2) The supplier can organize together and simultaneously the delivery of the goods ordered with separate contracts for purchase and sale.
(3) The rights of the Users in connection with the delivered goods are exercised separately for each contract of sale. The exercise of rights in relation to a delivered good does not affect and has no effect in respect of contracts for the sale of other goods. In case the User has the quality of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract of sale of certain goods does not affect the contracts for sale of other goods delivered to the consumer.
(4) In case the User is not at the address indicated in the request in the time slot he has indicated, they should notify the Supplier by phone or e-mail no later than 2 hours before the specified delivery slot, otherwise the Supplier, if forced to return the goods to the warehouse, reserves the right at their own discretion to make a re-delivery to the address of the User at a convenient time, depending on the workload.
(5) The User owes the cost of delivery and other related costs, if any, in the following cases:
1. The Customer is not located at the address specified in the order in the selected slot for delivery, and has not previously informed the Supplier in accordance with para. 3 and re-delivery is made to the address indicated in the order, after the order has been returned to the warehouse of the Supplier;
2. If the re-delivery is performed on a specified day and time by the User, outside the workload and schedule of the Supplier and his assessment of the delivery time.
(6) The Supplier has the right at its discretion to refuse the execution of an order of the User, for which the Supplier notifies the User in due time, without being obliged to indicate the reason for the refusal.
Art. 11. When exercising the rights under the contract of sale, the User is obliged to indicate accurately and unambiguously the contract and the goods in respect to which he exercises his rights.
Art. 12. The user can pay the price for the individual contracts of sale at once when ordering the goods or at their delivery.

Special clauses that apply to persons who have the status of consumer within the meaning of consumer protection law

Art. 13. The rules of this section VII of these general terms and conditions apply only to Users for whom, according to the data specified for the conclusion of the contract of sale or upon registration in Shop.cupffee.me, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the platform Shop.cupffee.me are determined on the profile of every good offered on Shop.cupffee.me.
(2) The price of the goods including all taxes and fees is determined by the Supplier in the profile of each product on the platform Shop.cupffee.me.
(3) Each promotional product is marked with a special sign. The duration of the promotions is determined by the Suplier for each individual promotion, starting from the day specified in the price reduction notice and is valid until the date specified in it or until the quantities are exhausted, but for a period not longer than one month and not shorter than one work day.
(4) The value of transport costs is not included in the price of the goods and is determined by the Suplier on the platform Shop.cupffee.me and is provided as information to the Users when choosing the goods for concluding the contract of sale.
(5) The methods of payment, delivery and excersizing of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms on the platform. Shop.cupffee.me.
(6) The information provided to the Users under this article is up-to-date at the time of its visualization on the platform Shop.cupffee.me before conclusion of the sales contract.
(7) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform Shop.cupffee.me or by e-mail.
Art. 15. (1) The User agrees that the Supplier on the platform Shop.cupffee.me has the right to accept advance payment for the concluded with the User contracts for purchase and sale of goods and their delivery.
(2) The User is obliged to pay the Supplier on the platform Shop.cupffee.me the price for delivery of the goods before the moment of their delivery.
(3) In case the value of the User’s order is equal to or exceeds BGN 10,000, the payment is made only by transfer or deposit to the account of the Supplier.
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 remote contracts, the User has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract in 14 days from the date of acceptance of the goods by the Supplier through the form for withdrawal from the contract, available on the website of the Supplier on the platform Shop.cupffee.me in Annex № 1 to these general conditions. Information on the exercizing of the right of withdrawal is available in Annex № 2 to these general conditions. For all other consumables, the User has the right to refuse within 1 hour from the time of delivery of the goods to the User, if the original packaging and the integrity of the goods is not damaged.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for delivery of goods, custom made for the User or according to his individual requirements;
2. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
3. for the supply of sealed goods which are unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the delivery of goods which, after they have been delivered and because of their nature, have been mixed with other goods from which they cannot be separated.
(3) When the Supplier on the platform Shop.cupffee.me has not fulfilled its obligations to provide information set out in the Consumer Protection Act, the consumer has the right to withdraw from the contract within one year and 14 days from the date of obtainig of the goods. When the information is provided to the User within the withdrawal period, it begins to run from the date of its provision. The User has the right to send a statement of withdraw under this article directly to the Supplier through the single withdraw form available on the Supplier’s website on the platform Shop.cupffee.me on address Annex № 1 to these general conditions, when this refers to goods that are not consumable and fall within the scope of the Consumer Protection Act in the part of distance contracts.
(4) When the User has exercised his right to withdraw from the remote or off-premises contract, the Supplier shall reimburse all amounts received from the User, including delivery costs, without undue delay and no later than 14 days from the date of which he has been notified of the consumer’s decision to withdraw from the contract. The Suplier shall refund the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressly agreed to use another means of payment and provided that this does not involve costs for the User.
(5) Upon exercising the right of refusal, the costs for return of the delivered goods shall be deducted from the amounts for refund under para. 4, except in the cases when the consumer organizes himself and at his own expense the return of the goods. The Supplier is not obliged to reimburse the additional costs for delivery of the goods when the User has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received from the Supplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1. (7) The User may exercise their right to withdraw from the contract with the Supplier by sending a written statement to the Supplier through the standard form for withdrawal from the contract, available at Annex № 1 to this terms and conditions.
(8) When to Supplier on the platform Shop.cupffee.me has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer until he receives the goods or until the consumer provides proof that he has sent the goods back, whichever occurs first.
Art. 17. (1) The term of delivery of the goods is determined for each product separately when concluding the contract with the User through the website of the Supplier on the platform Shop.cupffee.me, as the goods can be delivered in one time slot selected by the User.
(2) If the Supplier on the platform Shop.cupffee.me cannot fulfill the contract due to the fact that he does not have the ordered goods, he applies one of his methods published in the platform Shop.cupffee.me and according to art. 22 below, after obtaining the express consent of the User.
Art. 18. In case of concluding a contract for the sale of goods containing alcohol and when ordering alcoholic beverages, the User declares that they have reached 18 years of age.

Implementation of the contract

Art. 19. (1) The Supplier executes orders on time and at prices in accordance with its delivery policy available on the platform Shop.cupffee.me.
(2) The Supplier on the platform Shop.cupffee.me may organize the delivery and hand over of the goods to the User by an appropriate courier within the period specified at the conclusion of the contract.
(3) If the time under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall organize the delivery and handing over within a reasonable time. If the Supplier fails to organize the delivery within the specified period, he is obliged to notify the User in advance.
(4) If the User is not present at the specified delivery address in the selected time range:
1. The Supplier performs the delivery at another time convenient for the Supplier, whereas the User must pay additionally the value of the delivery fee and all other costs related to the original order, if any;
2. If the User specifies the next day for delivery, the Supplier does not guarantee the excellent quality of the fresh products.
(5) In case of cancellation of an order by the User, which is paid by online payment method and if the order is canceled before its execution, the entire amount of the order will be refunded by the Supplier
Art. 20. (1) The User must inspect the goods at the time of delivery and hand over and if it does not meet the requirements to notify the Supplier immediately on the platform Shop.cupffee.me.
(2) If the User does not notify the Supplier Shop.cupffee.me according to par. 1 the goods are considered approved as meeting the requirements, except for hidden defects.
Art. 21. The Supplier on the platform Shop.cupffee.me is not obliged to provide service for the goods.
Art. 22. (1) The Supplier applies its product replacement policy published on the platform Shop.cupffee.me.
(2) In case the User during the order has indicated that they agree to replace missing products at the discretion of the Supplier, in case of missing products and the presence of replacement ones in the warehouse of the Supplier, he chooses replacement products appropriate in type, quality and price and includes them in the User’s order.
(3) If the Supplier on the platform Shop.cupffee.me cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to inform the User and in case a cash on delivery method is chosen, the value of the missing products will be deducted from the final price of the order.
(4) If the Supplier on the platform Shop.cupffee.me cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and in case the orders are paid online when ordering, the Supplier offers the User one of the following two options: to provide them with a promo code for a discount for the value of the missing products or to refund the respective amount to a bank account specified by them. In the absence of an explicit statement by the User for the option chosen and failure to indicate a bank account, the Supplier provides a promo code for the User to use for the next order.
Art. 23. For the cases not settled in this section, the rules for commercial sale, defined in the Commercial Law, the Food Act and the Consumer Protection Act, shall apply.

Personal Data Protection

Art. 24. (1) The Supplier takes measures for personal data protection of the User in accordance with Regulation (EC) 2016/679 of the European Parlament and the Council of the EU from 27 April 2016, about the protection of idividuals in connection with the processing of personal data and in connection to free movement of this type of data and repealing Directive 95/46 / EC (GDRP) and the Personal Data Protection Act. The Provider processes the personal data of the Users on the basis of art. 6, para. 1, p. “B” of the GDRR – the processing is necessary for the fulfillment of a contract under which the entity is a party or on the basis of Art. 6, para. 1, p. “A” of the GDPR – on the basis of explicit consent given by the User.
(2) The Supplier has published the information about personal data that is being processed and the purposes for which it is being processed as well as all required information in accordance with Regulation (EC) 2016/679 of the European Parliament and the European Council of 27 April 2016 regarding the protection of individuals in connection with the processing of personal data and regarding the free movement of such data and repealing Directive 95/46 / EC (GDRR) in the Privacy Policy, which is an integral part of the General Conditions.
(3) For security reasons for the personal data of the Users, the Supplier on the platform Shop.cupffee.me will send the data only to the e-mail address that was specified by the Users at the time of registration.
(4) The Supplier on the latform Shop.cupffee.me has the right to store data in the end communication device of the User, unless the latter explicitly expresses their disagreement.
(5) The Supplier processes personal data of the User for the purposes of direct marketing only with its explicit agreement, which he may withdraw at any time.
(6) The User agrees that the Supplier can send him emails and electronic messages in connection with the provided services, improvement of the functionalities, promotional announcements for the specific User and others related to the conclusion of the contract.
Art. 25. (1) At any time the Supplier on Shop.cupffee.me has the right to require the User to identify themselves and certify the authenticity of each of the circumstances and personal data announced during registration.
(2) In the event that for any reason the User has forgotten or lost his name and password, the Supplier on the platform Shop.cupffee. has the right to apply the announced “Procedure for lost or forgotten names and passwords”, available at: https://www.Shop.cupffee.me / > log in> forgotten pasword.

Amendment and access to the general conditions

Art. 26. (1) These general terms and conditions may be amended by the Supplier on the platform Shop.cupffee.me, for which the latter will notify in an appropriate manner all registered Users.
(2) The Supplier on the platform Shop.cupffee.me and the User agree that any addition or amendment to these general terms and conditions will have effect on the User in one of the following cases:
1. after explicit notification thereto by the Supplier on the platform Shop.cupffee. me and if the User does not state within the given 14-day term that he rejects them; or
2. after their publication on the website of the Supplier on the platform Shop.cupffee.me and if the User does not state within 14 days of their publication that he rejects them; or
3. with its explicit acceptance by the User through his account on the website of the Supplier on the platform Shop.cupffee.me.
(3) The User agrees that all statements of the Supplier on the platform Shop.cupffee.me, in connection with the change of these general conditions will be sent to the e-mail address specified by the User during registration. The User agrees that emails sent in accordance with this article, do not need to be signed with an electronic signature in order to have effect on him.
Art. 27. The Supplier publishes these general terms and conditions at:https://www.Shop.cupffee.me /terms together with all additions and amendments thereto.

Termination

Art. 28. These general terms and conditions and the User’s contract with the Supplier in the platform Shop.cupffee.me are terminated in the following cases:
1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
2. by mutual consent of the parties in writing;
3. in case of objective impossibility of any of the parties to the contract to perform their obligations;
4. in case of seizure or sealing of the equipment by state authorities;
5. in case of deletion of the User’s registration on the platform Shop.cupffee.me. In this case, the concluded but not executed sales contracts remain in force and are subject to execution.;
Art. 29. The Supplier has the right at his discretion, without giving notice and without due compensation to terminate the contract unilaterally, in case he finds that the User uses the platform Shop.cupffee.me in violation of these general terms and conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in electronic commerce.

Responsibility

Art. 30. The User undertakes to compensate and release from liability the Supplier in the platform Shop.cupffee.me in lawsuits and other claims of third parties (whether justified or not), for all damages and costs (including attorney’s fees and court costs) arising from or in connection with (1) non-fulfillment of any of the obligations stated in this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) illegal transfer to other persons of the rights granted to the User for the period and under the terms of the contract and (4) falsely declaring the presence or absence of consumer quality within the meaning of the Consumer Protection Act.
Art. 31. The Supplier shall not be liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities, which objectively impede the enactment of the contract.
Art. 32. (1) The Supplier is not liable for damages caused by the User to third parties.
(2) The Supplier is not liable for property or non-property damages, expressed in lost profits or damages caused to the User in the process of use or non-use of Shop.cupffee.me and concluding sales contracts with the Supplier.
(3) The Supplier is not responsible for the time during which the platform was not available due to force majeure or other objective circumstances over which the Supplier has no control over.
(4) The Supplier is not responsible for damages from comments, opinions and publications under the products, news and articles on the platform Shop.cupffee.me.
Art. 33. (1) The supplier is not responsible in case the security measures of the technical equipment are overcome and this results in loss of information, spread of information, access to information, restriction of access to information and other similar consequences..
(2) The Supplier is not responsible in case of concluding a contract of sale, providing access to information, loss or alteration of data resulting from false identification of a third party who presents himself as the User, if from the circumstances can be judged that this person is the User.

Other conditions

Art. 34. (1) The User and the Supplier on the platform Shop.cupffee.me undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which became their property in the process of enactment of the contract and these general conditions.
(2) The User and the Provider undertake responsibility, during and after the expiration of the contract period not to spread the written or oral correspondence between them publicly. The publishing of correspondence in print and electronic media, internet forums, personal or public websites, etc. is considered public.
Art. 35. In case of conflict between these general terms and conditions in a special contract between the Supplier on the platform Shop.cupffee.me and the User, the provisions of the special contract shall prevail.
Art. 36. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 37. (1) The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
(2) The User has the right to refer all disputes with the Supplier regarding the implementation of this contract to the platform for alternative dispute resolution (ADR) out of court, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In case of failure to reach an agreement for resolving the dispute out of court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Consumer Protection Commission.
Art. 38. These general terms and conditions enter into force for all Users from 01.08.2021 г.

The general conditions have been last amended on 01.08.2021