GENERAL TERMS AND CONDITIONS OF USE OF THE www.gooddrinks.bg WEBSITE
ATTENTION! Please read these Terms and Conditions carefully before using this website. If you use this web site, you are deemed to accept and agree to these Terms and Conditions. This web site is not intended to encourage the use of alcohol. Only adults over the age of eighteen are permitted to order alcoholic beverages.
These GENERAL CONDITIONS govern the contractual relations under distance purchase/distance sales contracts between Brand Hicks Ltd. and the user(s), both natural and legal persons, of electronic (Internet) pages and services located on the domain www.gooddrinks.bg and its subdomains and using the information and commercial services offered by Brand Hicks Ltd. on the Site.
These General Terms and Conditions are governed by the applicable Bulgarian and European legislation, in particular the Consumer Protection Act, the Electronic Commerce Act, the Wine and Spirits Act, the Copyright and Related Rights Protection Act, the Obligations and Contracts Act, the Postal Services Act, etc.
"Terms and Conditions" means this document, which regulates the relationship between the User / Legal Entity and the Merchant and which is the exclusive intellectual property of the Merchant within the meaning of the Copyright and Related Rights Protection Act of the Republic of Bulgaria.
"World Wide Web" or "Internet" is a set of two or more computer networks interconnected by routers (routers) and/or switches (switches) that provide data transmission between different electronic networks based on TCP/IP protocols.
"Website" means all information that is accessible via the Internet, at www.gooddrinks.bg and contains texts and images that represent the intellectual property of the MERCHANT under the Copyright and Related Rights Act of the Republic of Bulgaria and which constitutes a virtual platform for the purchase and sale of goods and is intended to serve as an agreement between the MERCHANT and the USER/ENTITY in order to help implement a distance purchase/distance selling contract between them with respect to the offered
"Territory" means the territory of the Republic of Bulgaria where only the services of the Site may be used. The Merchant shall not deliver the goods ordered through the Site outside the territory of the Republic of Bulgaria.
"The "Merchant" is Brand Hicks Ltd, a company registered in the Republic of Bulgaria with its registered office and registered address at. Sofia, Lozenets, 53A Nikola Vaptsarov Blvd, registered with the VAT Registration Agency with VAT ID number BG205651166, contact phone +359896545553, e-mail: email@example.com
"User" is a competent adult who has registered on the Site, and has fully agreed, accepted and undertakes to comply with these Terms and Conditions regarding the purchase of goods offered on the Site. Delivery of alcohol and spirits is made to the User only if the User is over 18 years of age, which the User proves with an identity document at the time of delivery by the Courier. In the event that the Consumer refuses or cannot prove that he/she is over 18 years of age, the Merchant shall not carry out the delivery of the goods and shall be relieved of its obligation to deliver, in which case all administrative and transport costs shall be borne by the Consumer.
"Legal Entity" means a commercial company and/or sole trader or other type of legal entity validly registered in the Territory under the legislation in force, which, through the representative and/or authorised officer of the relevant legal entity, has carried out a registration on the Site, to which it has fully agreed, accepted and undertakes to comply with these General Terms and Conditions regarding the purchase of the goods offered on the Site.
"Registration" is the procedure of filling in the data and information by the User / Legal Entity in the registration form required for the purpose of purchase of goods through the Site.
"Registration Form" means an electronic form to be completed online by the User/Entity for the purpose of Registration.
"Personal Data" means the data and information provided by the User/Entity upon Registration regarding individuals.
"Goods" are the products offered on the Merchant's Site for purchase by the User/Entity.
"Distance Purchase Agreement" or "Distance Sale" means a bilateral agreement between the Merchant and the User/Entity whereby the transaction for the purchase of Goods via the Site is concluded.
An "Order" or "On-line Purchase" is the confirmed willingness of the User/Entity to purchase goods to be delivered by the Merchant, such willingness being made electronically through the Site with the ultimate purpose of effecting a distance purchase/distance sale of goods.
"Courier" means a merchant who delivers the goods purchased by the User/ Entity to an address specified by the User/ Entity and operates in accordance with the Postal Services Act of the Republic of Bulgaria.
"Business Day" means any day on which banks in the Republic of Bulgaria are open for business.
"Non-Working Day" or "Holiday" means any day which is a non-working day (Saturday or Sunday), a duly declared non-working day or a public holiday of the Republic of Bulgaria.
"Cash on Delivery" means a method of payment to be used for the delivery of goods and/or services within the meaning of the Postal Services Act of the Republic of Bulgaria.
"Cancellation of purchased goods" means the right of the User to cancel the purchased goods through the concluded distance purchase contract in accordance with Article 50 of the Consumer Protection Act.
"Set-off" is the right of the Merchant to set off its receivables from the Consumer / Legal Entity for administrative, transport, courier, etc. costs incurred and reimbursable by the Consumer / Legal Entity against the Consumer's / Legal Entity's receivables for reimbursement of the price paid in case of non-delivery and/or withdrawal from the purchased goods.
By registering on the Site, the User / Legal Entity confirms and declares its agreement with these Terms and Conditions. The information services on the Site are provided "as published" and the Merchant is not responsible for the accuracy of the information published. The Merchant shall not be responsible or liable for the timing of providing information regarding the confirmation of orders generated by the User/Entity, the status of its or other Users/Entities' inquiries, questions and product requests, product availability, as well as for damages suffered and/or lost profits and other losses of any kind and amount occurring after, as a result of or due to the use/inability to use (due to technical problems, preventive maintenance, administrator's decisions, etc. ) of the Site. The Merchant shall not be liable in the event that, while using the Site or materials therefrom, the User/Entity suffers damage consisting of damage to the User/Entity's equipment requiring repair or correction, loss of information, etc., and all costs associated with the remediation of such damage or its compensation shall be borne by the User/Entity.
By accepting these General Terms and Conditions, the User / Legal Entity is informed that the Site reflects the availability of goods at the time of checking, given the dynamics in the stock turnover, it is possible that certain goods published and listed on the Site as "available", may be out of stock at the time of the request and can not be ordered and delivered through the Site. Until the Merchant explicitly confirms the order, the generated order has the status of "order" and in any case the Merchant shall confirm to the User / Legal Entity the possibility / impossibility of delivery of the goods ordered through the Site, and only after the confirmation the generated order is considered accepted and the distance purchase contract concluded. It is possible to change the parameters (time limit/delivery method, etc.) of an order through the Site, and the Merchant shall be obliged to notify the User/legal entity of the changes made to the e-mail and/or contact telephone number provided by the User/legal entity and/or in another appropriate manner, at the latest by the time of sending the User/legal entity the delivery notice of the confirmed order to the address of the User/legal entity. In such cases, the User/Entity must confirm his/her agreement with the changes made in order for the distance purchase contract to be validly concluded.
In order to use the Site's services, the User/Entity must access the World Wide Web through devices that can access Web-based content by providing all equipment necessary to access the World Wide Web, including a computer, mobile phone, tablet or other means of accessing Internet connectivity. The Merchant shall not be responsible for any interference or technical problems thwarting the use of the Site due to the quality of the computer equipment operated by the User/ Entity and Internet connectivity. The User/Entity shall register on the Site by completing all required fields in a registration form, through which the User/Entity declares that it is providing true, accurate, current and complete information necessary to complete the distance purchase. The Merchant shall not be liable for any incorrect and/or inaccurate order in the event that the User/Entity has provided incorrect, inaccurate, outdated or incomplete information, in which case the Merchant shall be entitled to refuse the User/Entity further access to some or all of the services offered on the Site.
By accepting these General Terms and Conditions, the User / Entity agrees to receive commercial messages with information about new, promotional and other goods on the Site, such commercial messages are not considered unsolicited within the meaning of the Electronic Commerce Act. In the event that the User/ Entity does not wish to receive such information, the User/ Entity should expressly decline to receive the same through the enquiry and contact forms provided on the Site.
2. Protection of personal data
"Brand Hicks" Ltd., as a Personal Data Controller, is registered in the "Register of Personal Data Administrators and the Registers Maintained by Them" with identification No. 205651166 and evidenced by a Certificate issued by the Chairman of the Commission for Personal Data Protection, collects, stores, processes, etc. personal data from the persons to whom it relates. The Trader is a Personal Data Controller established on the territory of the Republic of Bulgaria and processes personal data lawfully and in good faith in relation to the purposes of its activity - wholesale and retail trade of goods and does not process them further in a manner incompatible with those purposes. The recipients or categories of recipients to whom the personal data may be disclosed are the natural persons to whom the data relate or other persons if this is provided for in a legal act. The Personal Data provided by the User / Legal Entity shall not be assigned to third parties for advertising and promotional purposes. process personal data only on condition that the individual to whom the data relates has given his/her explicit consent, and in the absence of explicit consent from the individual to whom the data relates, the Merchant shall not be entitled to process his/her data. By providing his/her personal data, the User/ Entity automatically gives his/her explicit consent to its processing. Each individual has the right to access, by written application, personal data relating to him/her, and the right to request the Merchant at any time to delete, correct or block his/her personal data, the processing of which does not comply with the requirements of the PDPA.
3. Copyright and related restrictions
The User/ Entity may use all services offered on the Site for personal, non-profit purposes and provided that the copyrights of the Merchant or third parties related directly or indirectly to the materials on the Site are not infringed. It is expressly forbidden to copy, modify and/or publicly distribute the materials published on this Site for any purpose by the User/ Entity. The Merchant reserves the right to assign the rights to publish materials and other information published on the Site to third parties, subject to a further written agreement between the Merchant and the person publishing the information. When purchasing goods subject to copyright and/or patent rights, the Merchant does not grant any additional rights of use and distribution, except for the rights and/or licenses expressly mentioned by the manufacturer/distributor of the goods. All goods and services provided by the Merchant which enjoy protection under the Copyright and Related Rights Protection Act shall be provided to the Users/Entities in their original form, packaging and medium without any influence from the Merchant and in accordance with the licenses and distribution rights granted by their manufacturers and/or distributors for the Republic of Bulgaria. Links on the Site to other sites owned by third parties are posted for the convenience of the User/Entity. When using such a link, the User/ Entity is not using a service provided by the Merchant and these Terms and Conditions do not apply to the use of the link outside the Site. The Merchant is not responsible for the information and/or content of other sites owned by third parties and does not impose or recommend the use of these sites or the information published on them. Any risks associated with the use of such sites are borne by the User/ Entity.
4. Featured Goods on the Site
The information about the goods on the Site is divided into types of groups and subgroups.
The page (link) to each item listed on the Site provides information on the price, applicable VAT, the main characteristics of the goods and additional information aimed at helping the User / Entity make an informed choice when purchasing the product. The trader is not responsible for any inaccuracies in the description of the goods which do not relate to the main characteristics of the goods and does not claim the completeness of the information provided.
The trader reserves the right to publish names, brands and other information about goods in English or any other language where:
(a) There is a danger that valuable information concerning the characteristics of the goods will be lost in translation;
b) There is no generally accepted unambiguous terminology in the English language;
c) The good itself is a medium of information in English or another language.
All prices quoted on the website are in Bulgarian Leva and include VAT. If the goods have several modifications, the prices for each of the modifications are indicated on the page. The Merchant shall be entitled to make changes to the published products, services, prices and other characteristics of the goods at any time and without notice, and Users / Legal Entities shall be deemed to be informed of said changes from the date of publication. The information on some of the goods published may not be updated, but in any case Users/Entities will be notified, in the case of an order placed on the Site with an on-line purchase form prior to delivery, of any non-updated information on the Site relating to the goods ordered. Some of the information published on the Site may relate to products that are not currently available or offered.
5. Purchase goods from the Site
The User/ Entity is entitled to order all goods listed on the Site. When placing an order, the User / Legal Entity has the right to choose the type, brand and quantity of goods, payment terms, method and terms of delivery, according to the options offered on the Site. At any time prior to the final confirmation of the order by filling in the on-line purchase form, the User / Entity has the right to make changes to the goods and services selected. When placing an order on the Site, the User / Legal Entity enters into a contractual relationship with the Merchant for the purchase and sale of the selected item, regulated by these General Terms and Conditions, and the order placed shall be deemed confirmed upon receipt of confirmation by the Merchant, containing all the above parameters and in accordance with the instructions set out on the Site. The Merchant shall be entitled to change the prices indicated on the Site at its sole discretion, at any time and without being obliged to notify the User/ Entity in advance. The User/Entity shall pay the price that was indicated on the Site at the time of placing the order, whether lower or higher than the updated price. In the event of technical errors in the information published on the Site resulting in the order not being fulfilled, the Merchant shall have the right to refuse the order and shall not be liable to compensate the User/Entity, except for the refund of the amounts paid and/or deposited by the User/Entity for the refused order, if any. The Merchant shall have the right, at its discretion, depending on the type and quantity of goods ordered, to require their prepayment before completing the order for delivery by informing the User / Legal Entity of this to the email specified in the registration form. In the event that the User/ Entity does not agree to the prepayment, the order shall be deemed to be refused and the Merchant shall have no obligation to deliver the Goods requested. The Merchant shall have the right, at its discretion, depending on the type and quantity of the Goods ordered, in the case of orders for Goods of high value and/or significant quantities, to require the Legal Entity to enter into an individual contract for the delivery of the Goods ordered in accordance with a template provided by the Merchant before completing the order for delivery. In the said case, the Website shall be used by the Legal Entity only as an information platform on the type and availability of the goods, and the individual contract concluded shall not be in the nature of a Distance Purchase or Distance Selling Contract.
6. Label customization
The Merchant shall provide the User/ Entity, in case they purchase certain alcoholic products (spirits) from the Site for the purpose of a gift for a third party and upon request, with the service: label personalization. Said service is the free of charge input of the product label, to the extent permitted by the product label and/or the rights granted by the manufacturer/supplier/distributor of the product to input information on a label, on text proposed by the User/Entity and pre-approved by the Merchant in terms of length, font, content, etc., which may be a wish to the person for whom the consumer product is intended as a gift, etc. In any case, the text proposed by the User/ Entity may not be obscene, contain offensive, discriminatory, advertising, etc. similar messages, violate the personal and copyright of a third party and/or applicable law, and the Merchant reserves the right, at its option and discretion and in any case, to censor/revise the text so that it does not violate the above or to refuse the personalization of the label entirely. The Merchant shall not be liable to the User/ Entity in connection with the personalization and/or refusal of personalization. The User/Establishment shall be fully liable for any and all breaches in connection with the personalisation carried out and undertakes to indemnify the Merchant immediately against any and all damages, losses, costs, damages, etc. suffered by the latter in connection with claims by third parties and/or financial penalties imposed by a state or municipal authority in connection with the personalisation.
7. Payment for purchased goods and services
In case of payment by bank transfer, the User/ Entity shall pay an amount equal to the value of the goods delivered in accordance with the confirmed order to the Merchant's bank account and only after the payment is confirmed as received and the bank account is credited with the relevant amount, the Merchant shall complete the delivery of the ordered goods and services. Goods may also be paid for by the User/ Entity using payment systems (e-pay, paypal, etc.) if available on the Site. The bank account of the Merchant shall be credited with the final amount due by the User/ Entity for the order, and all taxes, fees, deductions, etc. required for the purpose of making the bank transfer shall be paid in full by and at the expense of the User/ Entity. In case of payment in cash on delivery of the goods and services ordered and delivered, the User/ Entity shall pay the price of the goods ordered at the time of delivery to the Merchant or its agent/subcontractor delivering the goods ordered the full value thereof as per the confirmed order.
8. Delivery of purchased goods
The time limit for delivery of the goods ordered, for which payment has been received, to the address specified by the User / Legal Entity is from 24 hours to 4 working days, after receipt of order confirmation, as the period may be extended during public holidays and/or weekends with the period of non-working days. In all cases, there may be a delay in the delivery times indicated, which shall be promptly notified to the User/ Entity by the Merchant. The delivery of the ordered goods shall be carried out in the manner chosen by the User / Legal Entity and according to the terms indicated. The Merchant reserves the right to extend the specified time limits by up to 7 (seven) calendar days without prior notice to the Consumer/Entity and to extend the time limits by more than 7 (seven) calendar days with the prior consent of the Consumer/Entity requesting the delivery.
When ordering goods from the Site, the User / Legal Entity has the opportunity to specify a convenient day for delivery, and the Trader shall, as far as possible, tailor the delivery to the preferences of the User / Legal Entity, for which the latter is promptly notified. The Merchant may request further confirmation from the User/ Entity of the order, including by telephone and/or e-mail. In the event that the User/Establishment refuses to provide the confirmation requested by the Merchant, the refusal to provide such confirmation shall result in the automatic cancellation of the order. The cost of shipping is automatically calculated in the order value on the Site and is indicated under the information published for the item ordered. The Merchant shall not be liable for any delay in delivery due to circumstances beyond the Merchant's control, such as delay on the part of the courier making the delivery. Upon delivery, the goods shall be carefully inspected by the User/ Entity and/or its authorized person. In the event of defects found on delivery, the Consumer/ Entity shall record the type of defects found on the delivery note in the presence of the courier and immediately notify the Merchant by telephone. 0700 44 001 Upon acceptance of the delivery by the Consumer / Legal Entity without remarks by signing the bill of lading presented to him by the courier, any and all subsequent claims for defects of the purchased goods shall be deemed unfounded and as such shall not be satisfied.
In the event that the defects found are not entered in the bill of lading in the presence of the courier upon receipt of the goods and/or the User / Legal Entity does not immediately notify the Trader on 0700 44 001, the User / Legal Entity shall lose its right to claim. In the event of an incorrect or wrong address, contact person and/or telephone number being provided when placing the order, the Merchant shall not be liable for any inaccurate performance of the order as a result of the incorrect information provided by the User/ Entity.Upon delivery of the goods, the User/ Entity or a third party nominated by the User/ Entity shall sign the accompanying documents. Any person who is not the holder of the application but accepts delivery of the goods at the delivery address specified by the Consumer/ Entity shall be deemed to be a third party. In the event that the User/Establishment is not found within the delivery period at the address indicated by the User/Establishment and/or access to the delivery address is not provided, the Merchant shall be released from its obligation to deliver the ordered goods and the User/Establishment shall lose the possibility to have the ordered goods delivered.
Where the goods delivered are clearly not in conformity with the goods ordered for purchase by the Consumer/ Entity and this can be ascertained by a simple inspection of the goods delivered, the Consumer/ Entity shall be entitled to request that the goods delivered be replaced with goods conforming to the purchase request made by the Consumer/ Entity. The trader reserves the right to choose/change the subcontractor carrying out the delivery, without being obliged to inform the consumer/legal entity in advance, as long as this does not affect the method and time of delivery.
9. Cancellation of purchased goods
The Consumer has the right to withdraw from the distance contract or from the off-premises contract without giving a reason, without compensation or penalty, within 14 (fourteen) calendar days from the date on which the Consumer or a third party, other than the carrier and designated by him, has taken possession of the goods or the date on which the Consumer or a third party other than the carrier and designated by him has taken possession of the last goods, in the case of a contract under which several goods are ordered in one order. The consumer has the right to withdraw from the contract outside the retail outlet only and exclusively in respect of goods which are not consumable and fall within the scope of the Consumer Protection Act in the part of distance contracts. The right of withdrawal from an off-premises contract does not apply in the following cases: for the delivery of goods made to the consumer's order or according to his individual requirements; for the delivery of goods which, by their nature, may deteriorate in quality or have a short shelf life; for the delivery of sealed goods which are unsealed after delivery and cannot be returned for reasons of hygiene or health protection; the supply of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated; the supply of sealed sound or video recordings or sealed computer software which have been printed after delivery; and the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications. In order to exercise his right of withdrawal, the User must notify the Merchant of his full name, address, telephone number and e-mail address and of his decision to withdraw from the contract by an unequivocal statement (e.g. a letter of withdrawal from the distance contract sent by post or e-mail). The user can use the attached standard withdrawal form, but this is not mandatory:
Standard form for exercising the right of withdrawal (fill in and submit this form only if you wish to withdraw from the contract)
gr................., ul. .................. No ..............,
I/We hereby give notice* that I/We hereby withdraw from the contract I/We have entered into.
us* the contract for the purchase of the following goods*/for the provision of the following service*:
- Ordered on* / Received on* ........................................................................................
- Name(s) of user(s) ...............................................................................................
- Address of user(s) ............................................................................................
- Signature of user(s) ..........................................................................................
(only if this form is on paper)
- Date ..............................................................................................................................
* Unnecessary deletions are crossed out."
The User may also fill in and submit electronically the standard cancellation form or other unambiguous cancellation request on the Site, and in the event that the User uses this option, the Merchant will immediately send on a durable medium (e.g. by e-mail) a message confirming receipt of the cancellation. In order to comply with the withdrawal period, it is sufficient for the User to send his/her communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event that the Consumer withdraws from the contract, the Merchant will refund all payments received, except for delivery costs, additional costs associated with the delivery method chosen by the Consumer other than the standard delivery method offered by the Merchant, bank charges and commissions, the cost of returning the goods for which the Consumer has exercised his right of withdrawal, which costs shall be borne entirely by the Consumer. Where the Consumer exercises his right of withdrawal from the distance contract or from the off-premises contract and where the Merchant has not offered to collect the goods himself, the Consumer must send or hand over the goods back to the Merchant or to a person authorized by him without undue delay and no later than 14 (fourteen) calendar days from the date on which the Consumer has notified the Merchant of his decision to withdraw from the contract. The deadline shall be deemed to have been met if the Consumer sends or delivers the goods back to the Merchant before the expiry of the 14-day period. The Merchant will refund the amount paid by the User in all cases no later than 14 (fourteen) calendar days from the date on which the User informs the Merchant of his decision to withdraw from the contract.The Merchant will only refund the amount paid to the customer's bank or card account from which the payment was received or another bank account in a bank operating in the Republic of Bulgaria, expressly indicated by the User in the standard withdrawal form or in the letter of withdrawal in free text. The Merchant shall have the right to defer the refund of payments until receipt of the goods by the Consumer without this being deemed a default of the Merchant in accordance with the requirements of the Consumer Protection Act. The time limit shall be deemed to have been complied with if the Consumer sends the goods back to the Merchant before the expiry of the 14-day period. The Consumer shall bear the direct costs of returning the goods as courier delivery costs. The Goods should be returned in their original packaging in their entirety, complete with accompanying documentation and without damage.
In the event of non-compliance with the above obligation by the User, the Merchant reserves the right to decide whether to accept the returned goods and refund the amounts paid. The User agrees and the Merchant shall be entitled to offset its claims for administrative, transport, courier and other costs against the User's claims for the amount paid for the goods ordered by the latter. Legal entities may not benefit from and exercise the right of withdrawal under this section, as well as any other consumer rights provided for in the Consumer Protection Act, as they are not consumers within the meaning of the additional provisions of this Act. The relations between the Legal Entities and the Merchant not regulated by these General Terms and Conditions shall be governed by the provisions of the Commercial Act and the Obligations and Contracts Act.
The Merchant shall have the right to unilaterally change any terms of delivery of the goods provided and any other information published on the Site without prior notice to the User/ Entity. The Merchant reserves the right to send to the User / Legal Entity messages related to new products and services, promotions and/or changes in the conditions and methods of delivery of the goods provided and any other information published on the Site, the said do not constitute unsolicited commercial communications. Merchantadministers this Site and its application is valid only for the territory of the Republic of Bulgaria. The Merchant declares that the materials or services referred to in this Site are not appropriate or available outside the territory of the Republic of Bulgaria and accordingly access to them from territories outside the said territory is invalid. Questions, enquiries and consultations of the User / Legal Entity may be made op-line through the Merchant's Site under the form for questions and enquiries or through the assistant of the On-line Department at +359896545553, within the working hours: from 08:00 to 17:00, Monday to Friday. These Terms and Conditions may be updated at any time, and the posting thereof on the Site shall be deemed to notify the User/Entity of the amendments. When using the Site, the User / Legal Entity undertakes to comply with these Terms and Conditions, as well as the applicable legislation of the Republic of Bulgaria, including international legislation, applicable to the goods and services provided on the Site.
THE USER / LEGAL ENTITY AGREES TO THE TERMS AND CONDITIONS OF USE OF THE SERVICES OF THE MERCHANT BY CLICKING (CLICKING) ON ANY OBJECT, LINK OR BUTTON ON THE MERCHANT'S SITE, AS WELL AS THE LINK TO THESE GENERAL TERMS AND CONDITIONS) AND IS DEEMED TO BE AWARE OF THE GENERAL TERMS AND CONDITIONS, ACCEPTS THEM AND UNDERTAKES TO COMPLY WITH THEM.