In applying and interpreting these General Terms and Conditions, the terms used shall have the following meaning:
1. “Personal Data Administrator“ means a person who alone or jointly with others determines the purposes and means of the processing of personal data.
2. “IP Address” is a unique identifier that associates a device, website, or resource of the User in a manner that allows them to be located on the Global Internet.
3. “Cookies” are small text files that are saved from a web site through an Internet server on the End User’s hard drive and enable recovery of information about it by identifying the end device and / or browser used.
4. “Electronic link ” is a link marked on a particular website that allows automated forwarding to another website, information resource, or object through standardized protocols.
5. “ Malicious actions ” are acts or omissions that violate Internet ethics or harm individuals connected to the Internet or associated networks, sending junk e-mail (SPAM, JUNK MAIL), channels overflow (FLOOD), gaining access to resources with other’s rights and passwords, exploiting system deficiencies for their own benefit or obtaining information (HACK), performing actions that may qualify as industrial espionage or sabotage, damage or destruction of systems or information arrays (CRACK), sending Trojans or causing the installation of viruses or remote control systems, interfering with the normal operation of other Internet users and associated networks, committing any action that may qualify as a crime or an administrative violation under Bulgarian law or other applicable law.
6. „Web page” is part of a website that can be composite or separate.
7. “Information system” or “System” is a device or system of connected devices that or any of which is intended to store, send, or receive electronic documents.
8. „Personal data“ means any information relating to an identified or identifiable natural person (“data subject”).
9. „Unsolicited commercial messages“ are commercial messages sent without prior request from the recipient.
10. „Processing“ means any operation or set of operations carried out with personal data or a set of personal data by automatic or other means such as collecting, recording, organizing, structuring, storing, adapting, or changing, extraction, consultancy, use, disclosure by transmission, distribution, or any other way in which the data becomes available, arranging or combining, restricting, deleting or destroying.
11. “User” or “End user” is any natural person who uses the information services and resources provided through the Site and who acts outside the scope of his/her trade, craft or profession.
12. „Random event” is a circumstance unforeseen at the time of the contract conclusion, which makes the provision of services objectively impossible.
13. „ Consent of the subject of data“ means any freely expressed, specific, informed and unambiguous indication of the shall of the data subject, by means of a statement or clearly affirmative action expressing his / her consent to the processing of personal data related to him / her.
14. “Server” is a device or system of connected devices on which, or on any of which system software is installed to perform tasks in connection with storing, processing, receiving or transmitting information.
15. “Commercial messages” are advertising or other communications directly or indirectly presenting the goods, services or reputation of a person engaged in a trade or craft activity or exercising a regulated profession.
16. “Website” is a separate place on the WAN, accessible via its Unified address (URL) according to the protocols HTTP or HTTPS , and containing files, text, programs (software), sounds, photos, images, electronic links or other materials and resources.
18. „Services” are the services provided through the Site.
19. “Natural person who can be identified” is a person who can be identified, directly or indirectly, in particular by an identifier as a name, identification number location data, online identifier or on one or more attributes, specific to that individual’s physical, physiological, genetic, psychological, mental, economic, cultural or social identity.
III. SUBJECT OF AGREEMENT
IV. SITE FUNCTIONAL FEATURES
1. Territorial and personal scope of the activity
The Site and the Services offered through it are not limited to specific territorial boundaries. The Site and the Services offered through it are targeted primarily at European Union Users. The Site and the Services offered through it may also be directed to Third-Party Users without any discriminatory feature.
2. The Site purpose
The purpose of the Site is expressed in three main directions: First – informing the Users about the activity of the company and the high quality products and services it offers. Second – informing the Users about the details of contact with the Company, in case they need additional information, they have inquiries, comments or recommendations, as well as to get information about their rights and how to exercise them..
3. Conclusion of the agreement
The agreement between the User and the Company shall take effect from the moment of reaching an agreement, devised in the manner indicated above. The Agreement is concluded in Bulgarian language. By accepting these General Terms and Conditions, the User agrees the communication with him/her to be also carried through e-mail. User agrees to be the addressee and to receive electronic statements from the Site and its administrator. The parties agree that the emails sent to them by electronic mail constitute electronic statements and that the accompanying information constitutes an identification of the Site, respectively. The user, as the author and holder of these electronic statements is also with an electronic signature, to which the parties recognize the value of a handwritten signature in their relationship. This Agreement is effective until the User ceases to use the Services available through the Site. The site, its services and content are not addressed at persons under age.
4. Rights and obligations of User
The User has the right of access in real time (online) to the Services provided through the Site in compliance with the access requirements set by the Company. The user has the right to access the content published on the site for personal use only. The right of access granted to the User does not include the right to copy or reproduce information or to use protected objects of intellectual or industrial property, except for a small amount of information intended solely for personal use, provided that such use does not impair the legitimate interests of the authors or other holders of intellectual or industrial property rights, and the copying or reproduction is for a non-commercial purpose. The User undertakes to use the Services provided:
2. Not to extract by technical means or technically any information resources or parts of them included in the databases, accessible through the Site and thus create its own database electronically or in any other form.
3. not to present himself/herself as another person or as a representative of a person who is not authorized to represent, or otherwise mislead the Site or third parties about his/her identity, or about his/her affiliation with a particular group of people;
4. to immediately notify the Company of any case of committed or open violation in the use of the Services provided;
5. not to carry out any activity involving the use of viruses, bots, worms or any other type of computer code, files or programs, interrupting, destroying or limiting the functionality of computer software or hardware or a telecommunications device, or otherwise permit the unauthorized use or access to a computer device or computer network.
5. Links to social networks and other websites
Through the Site, the Company enables its users to have a direct link to the Company’s profiles in the following social platforms, namely: 1) Facebook page of Boliarka VT AD 2) The Company’s channel in www.youtube.com 3) the web page of Boliarka VT AD in untappd.com
6. Limitation of the Company’s liability
The Company provides the Services through the Site for use by the User “as is” and “as accessible”. The Company shall not guarantee or promise specific results from the use or long-term possibility to use the Services. The Company shall not warrant that:
1. the use of the Services by the user shall be continuous, timely, ensured and secure or faultless;
2. any defects in the Services shall be corrected;
3. the Services provided or the services on which the latter are built shall be free from viruses or other harmful components;
Under no circumstances the Company shall be liable for any loss or damage arising from:
1. use of the Services;
2. problems or technical malfunctioning in connection with the use of the Services;
3. materials downloaded through or in connection with the Services;
4. user content;
5. User behaviour in relation to the Services, whether in real time (on-line) or not (off-line).
The Company shall not responsible if the user is unable to access the site due to problems beyond the control of the Site – software, hardware, Internet connection or force majeure. The User agrees to bear the responsible for all maintenance, repair or connection costs of their computer system or other property necessary for the use of the Services by the User. The Company reserves the right to systematically interfere with all functionality of the Site, including, but not limited to, suspension of access to it, if there is solid reason for doing so.
Up to the full extent permitted by applicable law, the Company shall not be liable for damages suffered by a User that are: 1. indirect; 2. consequential; 3. incidental; 4. punitive, including for damages for loss of profit arising from the use or inability to use the Services. Notwithstanding the foregoing, the Company’s liability to the User for any act or omission related to and in connection with the use of the Services shall always be limited to a penalty of BGN 100.
V. AMENDMENT OF THE GENERAL TERMS
VI. TERM AND TERMINATION OF THE AGREEMENT
This Agreement shall enter into force immediately upon its acceptance by the User and shall be effective until termination of the use of the Services;
VII. DISPUTES, COMPETENT COURT AND APPLICABLE LAW
As a fundamental principle for the implementation of this Agreement, the Parties accept mutual understanding and tolerable concessions. In this sense, the parties agree to resolve the disputed issues that have arisen between them, in good faith and in the manner of negotiations. Any dispute, disagreement or claim arising out of or related to the performance, respectively – failure to comply with this Agreement, shall be settled by the parties through negotiation and the good will of each of them. If it is not possible to resolve disputes arising out of and in connection with this contract, its implementation and non-performance respectively, the parties agree to settle them before the competent Bulgarian court determined in accordance with the rules of exclusive jurisdiction, in accordance with the applicable law of the Republic of Bulgaria. In the case of a private law dispute with an international element, the court having jurisdiction to hear the dispute should be determined by the rules of private international law. The law applicable to this Agreement shall be that of the Republic of Bulgaria. In the case of a private law dispute with an international element, the applicable law should be determined by the rules of private international law.
Name of the Company – administrator: “BOLIARKA VT” AD
Headquarters: town Veliko Turnovo, Bulgaria
Address of business management: Bulgaria, Veliko Turnovo, 5000, 90, Hristo Botev Str.
UIC: 119064594 from the Commercial Register and Register of NPLE
Representative: Executive Director Ivaylo Todorov
Customer phone: 0800 42 042
Approved by: Ivaylo Todorov
Date of publication: 25.05.2018