TERMD AND CONDITIONS OF ONLINE STORE snackammi.com
1. These general terms and conditions are intended to regulate the relations between “UNITEMP” EOOD, EIK: 115240098, with registered office and management address in the region Plovdiv, Vojvodinovo village, Zapad St. No. 25, with address for correspondence reg. Plovdiv, Vojvodinovo village, 11 Vasil Levski Street, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the snackammi.com e-commerce platform, hereinafter referred to as “snackammi.com”.
ІІ. PROVIDER DATA
2. Information according to the E-Commerce Act and the Consumer Protection Act:
- Name of the provider: “UNITEMP” LTD.
- Headquarters and management address: reg. Plovdiv, Voivodinovo village, 25 Zapad Str.
- Address for carrying out the activity and address for submitting complaints by users: reg. Plovdiv, Vojvodinovo village, 11 Vasil Levski St
- Correspondence details: email@example.com, +359894 521 040 Plovdiv, Vojvodinovo village, 11 Vasil Levski St
- VAT: BG115240098
(1) Personal data protection commission
Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov” No. 2, phone: (02) 915 3519, fax: (02) 91-53-525, E-mail: firstname.lastname@example.org; Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: Sofia 1000, Bulgaria, “Slaveikov” square #4A, fl. 3, 4 и 6: 02 / 980 25 24, факс: 02 / 988 42 18, 0700 111 22, E-mail: email@example.com; Website: http://www.kzp.bg/
Information on how to submit a complaint or report to the CPC can be found here:
III.. PLATFORM CHARACTERISTICS
3. snackammi.com is an e-commerce platform available at the Internet address snackammi.com, through which Users have the opportunity to conclude contracts for the purchase and sale, and delivery of the goods offered by the Supplier on the platform, including the following:
- To register and create a profile for viewing the Provider’s e-store and using the additional services for providing information;
- To review the goods, their characteristics, prices and terms of delivery;
- To conclude contracts with the Supplier for the purchase and sale and delivery of the goods offered by the snackammi.com platform;
- To make any payments in connection with the concluded contracts through the snackammi.com payment platform.
- To receive information about new goods offered by the Supplier on the snackammi.com;
- To make electronic statements in connection with the conclusion or execution of contracts with the Supplier on the snackammi.com platform through the interface of the snackammi.com page available on the Internet;
- To be notified of the rights arising from the law, primarily through the interface of the snackammi.com platform on the Internet;
- Their right to opt out, where applicable, under the Consumer Protection Act.
4. The supplier on the snackammi.com platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
5. (1) Users conclude a contract for the purchase and sale of goods with the Supplier on the snackammi.com platform, at snackammi.com. The contract is concluded in Bulgarian and stored in the Supplier’s database on the platform.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier on the snackammi.com platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by one through the platform interface. Users have the right to correct errors when entering information no later than submitting the statement to conclude the contract with the Provider on the snackammi.com platform.
(3) Users pay the Supplier of the snackammi.com platform remuneration for the delivered goods according to the conditions set out in the snackammi.com platform and these general terms and conditions. The amount due is equal to the price announced on the snackammi.com platform. The cost of delivery is determined separately and explicitly from the price of the goods.
6. (1) The User and the Supplier on the snackammi.com platform agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of 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 were made by the persons indicated in the data provided by the User during registration if the User has entered the corresponding name and password for access.
IV. REGISTRATION TO USE snackammi.com
7. (1) In order to use snackammi.com to conclude contracts for the purchase and sale of goods, the User should enter a name and password of his choice for remote access or authenticate himself through his Facebook or Google account, which is deemed to have accepted the present general conditions of the snackammi.com online store.
(2) The name and password for remote access are determined by the User, by performing an online registration on the Supplier’s website on the snackammi.com platform, in accordance with the procedure specified therein. Users have the opportunity to place orders for the delivery of goods and a profile from the social networks Facebook and Google.
(3) By filling in his data in the user basket and pressing the “Order” button, the User declares that he is familiar with these general terms and conditions, agrees with their content, and undertakes to abide by them unconditionally.
(4) By filling in his data and pressing the “Yes, I accept” buttons, the User declares that he is familiar with these general terms and conditions, agrees with their content, and undertakes to unconditionally comply with them.
(5) The Provider confirms the registration made by the User by sending a letter to the electronic address specified by the User, to which information on the activation of the registration is also sent. The User confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Provider. After the confirmation, the User’s account is created and a contractual relationship is established between him and the Provider.
(6) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration or order in the event of a change.
V. TECHNICAL STEPS TO CONCLUDE A PURCHASE-SALE AGREEMENT
8. (1) Users primarily use the interface of the Supplier’s page on the snackammi.com platform to conclude contracts for the purchase and sale of the goods offered by the suppliers on the snackammi.com platform.
(2) In cases of ordering goods without registration by the User, the latter accepts these general conditions at the time of the order.
9. Users conclude the contract for the purchase and sale of the goods on the snackammi.com platform according to the following procedure:
(1) Log in to the system for placing orders on the snackammi.com platform
(2) Selecting one or more of the goods offered by the Supplier on the snackammi.com platform and adding them to a list of goods for purchase.
(3) Providing the necessary data for individualization of the User as a party to the contract.
(4) Provision of data for delivery;
(5) Choice of method and moment of payment of the total amount.
(6) Order Confirmation;
VI. CONTRACT CONTENT
10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested 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 sales contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each sales contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.
11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.
12. The user can pay the price for the individual sales contracts at once when placing the order for the goods or upon their delivery.
VII.. SPECIAL CLAUSES APPLICABLE TO PERSONS QUANTIFIED AS CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
13. The rules of this section VII of these general conditions apply only to Users who, according to the data specified for the conclusion of the sales contract or during the registration at snackammi.com, it can be concluded that they are Users within the meaning of the Law for consumer protection, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
14. (1) The main characteristics of the goods offered by the Provider on the snackammi.com platform are defined in the profile of each good on the snackammi.com platform
(2) The price of goods, including all taxes and fees, is determined by the Supplier on the snackammi.com platform in the profile of each product on the snackammi.com platform.
(3)The postal or transport costs, not included in the price of the goods, are determined by the Supplier on the snackammi.com platform and are provided as information to the Users when selecting the goods for concluding the purchase and sale contract;
(4) The payment methods, delivery, and execution of the contract are defined in these general conditions, and the information provided to the User through the mechanisms on the snackammi.com platform
(5) The information provided to the Users under this article is current at the time of its visualization on the snackammi.com platform before the conclusion of the sales contract.
(6) Users agree that all information required by the Consumer Protection Act can be provided through the snackammi.com platform interface or e-mail.
15. (1) (1) The User agrees that the suppliers on the snackammi.com platform have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Supplier on the snackammi.com platform the price for the delivery of the goods before or at the time of their delivery.
(3) In the event that the value of the User’s order is equal to or exceeds BGN 200, payment shall be made only by transfer or payment to the Supplier’s payment account.
16. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier, using the single contract withdrawal form available on the Supplier’s website at the snackammi.com platform in these general terms and conditions.
(2) The right of refusal shall not be applied in the following cases:
- for the delivery of goods made to the order of the user or according to his individual requirements;
- for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
- for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
- for the delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
- for the delivery of sealed audio or video recordings or sealed computer software that has been unsealed after delivery, including activation codes for software licenses, software features, or virtual means of payment.
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications;
(3) When the supplier on the snackammi.com platform has not fulfilled its obligations to provide information, as defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receiving the goods. When the information is provided to the user within the opt-out period, it starts to run from the date of its provision. The User has the right to make the statement of refusal under this Article directly to the Provider through the single form of withdrawal from the contract available on the Provider’s website on the snackammi.com platform at Appendix No. 1 to these general terms and conditions.
(4) When the User has exercised his right of withdrawal from the contract at a distance or from the contract outside the commercial premises, the Supplier shall refund the sums received by the User for the purchase of the goods or services from the platform, without undue delay and no later than 14 days from the date on which he was notified of the user’s decision to withdraw from the contract. The provider refunds the amounts received using the same means of payment used by the user in the initial transaction unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the user.
(5) When exercising the right of refusal, the costs of returning the delivered goods are deducted from the refund amounts under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the user has expressly 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 by 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 his right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form available on the snackammi.com platform in Appendix No. 1 to these general terms and conditions.
(8) When the supplier on the snackammi.com platform has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he receives the goods or until the user provides proof that he has sent the goods back, depending on which of the two happened earlier.
(9) Regardless of the above hypotheses, the User undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as, but not limited to, a destructible box, airtight packaging and other similar cases. In the case of a damaged commercial appearance of the goods, the Supplier has the right, at its discretion, to refuse to accept a withdrawal from the contract or to charge the User the costs of restoring the goods in a commercial appearance.
(10) In the case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal in relation to the bonus content belonging to the goods.
17. (1) The term of delivery of the product is determined for each product separately when concluding the contract with the user through the Supplier’s website on the snackammi.com platform
(2) In the event that the User and the Supplier on the snackammi.com platform have not determined a delivery time, the delivery time for the goods is 30 calendar days, starting from the date following the sending of the user’s order to the Supplier via the Supplier’s website on the snackammi.com
(3) If the Supplier on the snackammi.com platform cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid.
18. The supplier on the snackammi.com platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising, and sale of food products.
VIII. CONTRACT AGREEMENT
19. (1) The supplier on the snackammi.com platform can arrange the delivery and handover of the goods to the User by a relevant courier within the time limit specified at the conclusion of the contract.
(2) If the term is not expressly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handover within a reasonable time.
20. (1) The User must inspect the goods at the time of delivery and handover and, if it does not meet the requirements, immediately notify the Supplier on the snackammi.com platform.
(2) If the User does not notify the Supplier on snackammi.com the goods are considered to be approved as conforming to the requirements except for hidden defects.
21. The supplier on the snackammi.com platform undertakes to provide the necessary service for the goods.
22. For the cases not regulated in this section, the commercial sale rules defined in the Commercial Act and the Consumer Protection Act shall apply.
IX. PERSONAL DATA PROTECTION
(4) The User or the User agrees that the Provider of the snackammi.com platform has the right to send electronic messages to the User or the User at any time, including a newsletter or offers to purchase goods, while the User’s or User’s registration is available in the Provider’s e-store on the snackammi.com.
24. (1) At any moment, the Provider on the snackammi.com platform has the right to require the User to identify himself 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 their username and password, the Provider of the snackammi.com platform has the right to apply the announced “Procedure for lost or forgotten usernames and passwords”, available at: snackammi.com
X. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
25. (1) These general conditions may be amended by the provider of the snackammi.com platform, of which the latter will notify all registered Users in an appropriate manner.
(2) The provider on the snackammi.com platform and the User agree that any addition and amendment to these general terms and conditions will have an effect on the User in one of the following cases:
A) after being expressly notified by the Provider on the snackammi.com platform and if the User does not state within the 14-day period granted to him that he rejects them; or
B) after they are published on the Provider’s website on the snackammi.com platform and if the User does not state within 14 days of their publication that he rejects them;
C) with its explicit acceptance by the User through his profile on the Provider’s website on the snackammi.com platform
(3) The User agrees that all statements of the Provider on the snackammi.com platform, in connection with the amendment of these general conditions, will be sent to the e-mail address specified by the User during 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.
26. The provider publishes these general terms and conditions on snackammi.com together with all additions and amendments to them.
XI. TERMINATION OF THE CONTRACT
27. These general terms and conditions and the User’s contract with the Supplier on the snackammi.com platform is terminated in the following cases:
- upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- in case of objective inability of one of the parties to the contract to fulfill its obligations;
- when the equipment is seized and sealed by state authorities;
- in case of deletion of the User’s registration on the snackammi.com platform. In this case, the concluded but unfulfilled sales contracts remain in force and are subject to execution;
28. The Provider has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in the event that it finds that the User uses the snackammi.com platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in e-commerce.
29. The User undertakes to indemnify and hold harmless the suppliers on the snackammi.com platform and the Supplier from legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorney’s fees and court costs ), arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) wrongful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the presence or absence of the quality of user within the meaning of the Consumer Protection Act.
30. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
31. (1) The Provider is not responsible for damages caused by the User to third parties.
(2) The Provider is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using snackammi.com and concluding sales contracts with the Provider.
(3) The provider is not responsible for the time during which the platform was not available due to force majeure.
(4) The supplier is not responsible for damages from comments, opinions, and publications under the products, news, and articles on the snackammi.com platform
32. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and the resulting loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.
(2) The Supplier shall not be liable in the event of the conclusion of a contract for purchase and sale, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User if the circumstances can believe that this person is the User.
XIII. OTHER TERMS AND CONDITIONS
33. (1) The User and the Provider on the snackammi.com platform undertake to protect each other’s rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these general terms and conditions.
(2) The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.
34. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider on the snackammi.com platform and the User, the clauses of the special contract shall prevail.
35. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
36. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
37. These general terms and conditions come into force for all Users of snackammi.com
Annex No. 1 – Standard form for exercising the right of withdrawal from the contract
Standard form for exercising the right to withdraw from the contract:
(complete and send this form only if you wish to withdraw from the contract)
– To “UNITEMP” LTD, VAT: 115240098, with registered office and address of management reg. Plovdiv, Vojvodinovo village, Zapad St. No. 25, with address for correspondence reg. Plovdiv, Vojvodinovo village, 11 Vasil Levski St., firstname.lastname@example.org, +359894 521 040:
– I/we hereby notify* that I/we renounce* the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*
Ordered on*/Received on*
Name of the user(s).
Address of the user(s).
Signature of user(s) (only if this form is on paper)
* Unnecessary is crossed out.
Annex No. 2 – Information on exercising the right to withdraw from the contract
Information on exercising the right to withdraw from the contract
Standard opt out instructions:
- Right to withdraw from the contract remotely or off-premises.
- You have the right to withdraw from this contract without giving reasons within 14 days.
- The cancellation period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.
- To exercise your right of withdrawal, you must notify us at the contact details provided on snackammi.com of your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax, or e-mail).
- You may use the attached standard opt-out form, but this is not required. You can also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our website snackammi.com If you use this option, we will immediately send you in a durable medium (e.g. by email) a confirmation of receipt of refusal.
- In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Refusal action
- If you cancel this contract, we will refund you all payments we have received from you, except for any additional costs associated with your chosen delivery method other than the cheapest standard delivery method offered by us, without unjustified delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund to the bank account specified by you; in any event, this refund will be at no cost to you.
- We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever is earlier.
- You must bear the direct costs of returning the goods. Costs are expected to not exceed the approximate cost of delivery or standard courier service.
- You are solely responsible for any reduction in the value of the goods as a result of testing them other than as necessary to determine their nature, characteristics, and proper functioning.