TERMS AND CONDITIONS
Last updated: 10.01.2019
In interpreting and applying these Terms and Conditions, the terms defined below shall have to following meaning:
• Fast Food – “Food Drive” Ltd, a limited liability company, incorporated under the laws of Republic of Bulgaria, having its headquarters and registered office in 9000 Varna, 66 Knyaz Boris I Blvd, registered with the Commercial Registry (with the Bulgarian Registry Agency) under UIN 200584809, VAT registration number: BG200584809;
• fastfood.bg – a web shop, owned and operated by Fast Food, available online at http://fastfood.bg/, through which the Clients may place Orders;
• Client – each individual that has signed up in accordance with these Terms and Conditions, and that has an active Client profile,as well as individuals that have made an Order without registering a Client profile;
• Client profile – a unique profile of the respective Client that is contained and stored in the database of fastfood.bg and that has been created upon the completion of the registration process, which can be used on fastfood.bg by authenticating with the respective login credentials;
• Order – a request to Fast Food for the delivery of goods listed on fastfood.bg (food, drinks, etc.), as offered by third parties.
2. Registration, Applicability
2-1. These Terms and Conditions govern the legal relationship between Fast Food and each Client, and that are available on the Terms and Conditions web page.
2-2. By ticking the checkbox for the acceptance of these Terms and Conditions upon registration or placing an Order, each Client affirms that he or she has reviewed them and has accepted to be bound by them with respect to using the web shop and the services offered through it.
2-3. Where the Client is minor above the age of 14, by ticking the respective checkbox for the acceptance of these Terms and Conditions and finalising the registration process or an Order placement, the acceptance of these Terms and Conditions must be given with the consent of his/her parents or guardians. Where the Client is a minor below the age of 14, affirming having read and accepted these Terms and Conditions, and finalising the registration process or an Order, respectively, shall be conducted by the parent or the guardian.
2-4. The acceptance of these Terms and Conditions by virtue of having ticked the respective checkbox and finalising the registration process by virtue of having clicked the respective button, as well as the placement of each separate Order, constitute electronic statements within the meaning of the Bulgarian Electronic Document and Electronic Signature Act and lead to the conclusion of a contract between Fast Food and the respective Client.
2-5. Upon initial registration, as well as upon providing updated details later on, the respective Client (or his parent/guardian, as applicable) declares that the identity details provided by him or her are true, accurate, and complete.
2-6. Fast Food confirms the completion of the registration, as well as each Order placement by sending an automated message to the e-mail address indicated in the respective registration form. This message contains instructions for the activation of the Client profile.
2-7. The e-mail indicated in the electronic form related to the registration/Order process (or as updated subsequently) shall be used by Fast Food to communicate with the respective Client, and the messages sent to that e-mail address shall be deemed to have been received upon them having been sent to the Client, without the need for an explicit confirmation thereof.
3. Rights and Obligations of the Client
3-1. The Client is obliged to use fastfood.bg and the services in good faith, as intended, and for personal and non-commercial purposes.
3-2. A Client who has created a Client profile shall not have the right to grant access to his Client profile to third parties. The registered Client shall be obliged to protect the confidentiality of the login credentials for his or her Client profile. In case a third party receives access to the login credentials or the Client profile by any means, the respective registered Client is obliged to inform Fast Food immediately. Where the registered Client has not fulfilled this obligation, he or she shall be fully responsible for any damages Fast Food may incur, and until it has been duly notified, Fast Food shall deem each identification with the login credentials of a certain registered Client as having been made by that Client him- or herself.
3-3. In case of any changes to the identity information indicated at the time of creating a Client profile, the registered Client shall update them without undue delay, abiding by the requirement to keep them true, accurate, and complete.
4. Rights and Obligations of Fast Food
4-1. If needed and to be able to retain and improve the quality and security of the web shop, Fast Food may temporarily (as planned or accidentally) to limit the access to fastfood.bg.
5-1. Fast Food may change the variety, description, delivery time and other details regarding the goods offered through the web shop by third parties. Fast Food endeavours to always keep the information regarding the goods offered by third parties, as listed in the web shop, up-to-date. Nevertheless, it is possible that making the needed changes may take time.
5-2. Each separate order will be executed in accordance with the prices and the other conditions, as expressly indicated to the Client before finalising an Order. These terms are relevant only to the respective order that is being finalised, and Fast Food cannot guarantee that the Client will be able to make Orders under the same terms in the future.
5-3. Fast Food has the right to refuse accepting an Order and/or handing over drinks that contain alcohol, as well as other products with consumption age limit, insofar as the Client cannot verify his or her age, or refuses to do so in case of well-founded doubts by Fast Food.
5-4. Because of the nature of the ordered goods, Orders cannot be cancelled after having been finalised by the Client. A finalised order binds the Client and he or she is obliged and accept it and pay for it, unless the delivered goods deviate from the details of the Order of the Client.
5-5. If it is not possible to deliver goods requested by the Client, Fast Food will notify the Client of that determination as soon as possible, and if the Client does not wish to amend his Order, all related payments that Fast Food might have received until then will be fully reimbursed using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any additional fees as a result of these alternative means of reimbursement.
5-6. Fast Food may assist the Clients by acting as an intermediary, but all claims regarding the quality of the goods offered by third parties, as all as all other claims related to circumstances beyond the direct control of Fast Food, shall be fully addressed at the relevant third parties.
6. Means of Payment
6-1. The price of the goods and services may be paid electronically, by using one of the options indicated upon finalising an Order, as well as by paying upon accepting the delivery.
7-1. The legal relationship between the parties shall be terminated in the following situations:
7-1-1. by mutual consent;
7-1-2.in the case of a voluntary deactivation of a Client profile performed by a registered Client by request to email: firstname.lastname@example.org
7-1-3. after duly executing an Order placed by a non-registered Client;
7-1-5.upon occurrence of objective reasons that make it impossible to fulfil the agreement;
7-1-6. unilaterally by Fast Food, if it is determined that the Client has used the web shop and/or the services offered through it in breach of these Terms and Conditions, e.g. by deliberately providing a wrong delivery address. In all cases when there has been a breach of these Terms and Conditions, Fast Food has the right to refuse to accept orders from the same Client in the future.
7-2. In the situations, as described above, the Client profile of the respective registered Client will be closed and the access to will be terminated.
8. Intellectual Property
8-1. The web shop fastfood.bg, its contents, as well as the related trademarks,are intellectual property objects that are protected by the provisions of the Bulgarian and applicable international intellectual property legislation. Food Drive Ltd is the exclusive owner of (or has been duly authorised by the relevant third parties to use) all intellectual property rights over the electronic store as a whole over and its separate constituent components, and neither of them may be replicated in their entirety or partially by third parties without the explicit written approval of the intellectual property rights owner provided in advance.
8-2. Fast Food may use feedback and suggestions received from its Clients for the purpose of improving the services it provides, in a direct or an indirect manner, without owing any compensation whatsoever.
9. Limitation of Liability
9-1. Fast Foods shall not be responsible for any incidental and consequential damages and losses, or any other direct and indirect damages, including non-material damages and lost profits,in the case of breach of these Terms and Conditions by the Client or as a consequence of any other reasons that are not directly attributable to Fast Food and/or are beyond its reasonable control, such as temporary issues with the hosting services or the external payment services.
9-2. Fast Foods shall not be responsible if the legal rights and interests of third parties may be damaged by actions of the Client, or lack thereof, as the case may be, in the context of using the web shop or the goods and services offered through it, including, but not limited to, breaching these Terms and Conditions, e.g. if the Client uses fake identity details.
10. Changes to These Terms and Conditions
10-1. If needed, Fast Food may unilaterally update these Terms and Conditions.
10-2. In case of any updates to these Terms and Conditions, their revised version will be published on fastfood.bg, and the registered Clients will have two weeks to become acquainted with the revisions.
10-3. Within that two-week term, the registered Clients may send a bespoke message in writing to Fast Food stating that they object to the updates to these Terms and Conditions. In such cases, the Client profile of the respective registered Client will be closed and the relationship between the parties will be terminated.
10-4. If the registered Client does not expressly object within said two-week term, it shall be deemed that he or she has reviewed and approved the changes, and they will bind the parties in the future. The revised Terms and Conditions govern the relationship between the parties also when the Client has accepted them anew within the two-week term in the context of finalising a new Order.
10-5. Revisions to these Terms and Conditions will not affect the legal relationship between Fast Food and the Client retroactively, i.e. with respect to Orders that have been requested, confirmed, and duly executed prior to the revisions coming into force.
11. Dispute Resolution, Miscellaneous Provisions
11-1. If a Client has complaints or other concerns with respect to web shop and the services offered through it, Fast Food encourages its Clients to contact a representative of Fast Food directly using the means listed in the section “Contact information” below so that we may try to informally resolve any issues or concerns. If the Client does not wish to use this option or is not satisfied with Fast Food’s response, the Client always has the right to refer his concerns to the European Online consumer dispute resolution platform. It is also the right of the Client to refer such questions to the Bulgarian Commission for Consumers Protection.
11-2. With respect to all matters that are not explicitly addressed under these Terms and Conditions, the relevant provisions of the Bulgarian and applicable international legislation shall apply.
11-3. If any provision of these Terms and Conditions or part thereof is rendered void or illegal in any respect under any law, the validity and legality of the remaining provisions and of these Terms and Conditions in their entirety shall not in any way be affected or impaired thereby.
9000 Varna, Bulgaria
• phone number: number
Last updated: 10.01.2019