Общи условия за клиенти

  1. DEFINITIONS
  2. FoodObox – „FoodObox 2021 EOOD“, UIC 2065757546, with headquarters and registered address: Sofia, 1000, 57 Neofit Rilski Str., 2nd floor, apartment 4, represented by the manager Jane Dimitrova Dimitrova, who owns and administers the Site.
  3. Buyers – individuals who wish to use the Services provided through the Mobile App and who have a Mobile App account. Buyers may be able-bodied individuals aged 14 years or older. Minors are not permitted to use the Services offered through the Mobile App. Individuals who do not qualify as a Buyer are not permitted to use the Services provided on the Mobile App.
  4. Mobile App – the FoodObox mobile application, which is owned by FoodObox. The Mobile App is designed for mobile devices that use the Android operating system and is available for free download on the Google Play Store (Android) and from the App store (iOS). The Mobile App provides Buyers with information about FoodObox’s Services, which consist of providing Buyers with the ability to search for and book for the purpose of purchasing Products offered by Sellers, subject to Buyers’ compliance with these Terms and Conditions, applicable Bulgarian and European law, all generally accepted commercial practices in the country, and any additional relevant requirements for specific Services specified by FoodObox.
  5. Sellers – legal entities that carry out activities related to the sale and delivery of Products in commercial establishments such as restaurants, fast food restaurants, bakeries, bakeries, grocery stores and chains, etc. Sellers have the ability through the Mobile App to offer Buyers, who have a Mobile App account, surplus beverages and perishable food products, including those with soon-to-expire and/or damaged packaging and/or cosmetic defects.
  6. account – the Buyer’s personal account on the Mobile App that allows the Buyer to use the Services offered through the Mobile App and that contains information about the Buyer and the history of some of the Buyer’s actions on the Mobile App (reservations, generated codes, etc.).
  7. Services – services explicitly described in the Mobile Application related to the intermediation of search and reservation for the purpose of purchase by Buyers of Products offered by Sellers through the Mobile Application. Services that are not expressly included in these Terms and/or specified in the Mobile App are not provided by FoodObox and may not be requested by Buyers or any Third Party.
  8. Products – beverages and perishable food products, including those with a soon to expire and/or defective packaging and/or cosmetic defects. Products which are fully usable shall be sold at a discount by the Seller and grouped in boxes or other packaging according to the daily surplus of the same so that selection by the Buyer is not possible. The same Products shall be offered through the Mobile Application in accordance with the terms and conditions of the latter.
  9. General Terms and Conditions – these General Terms and Conditions constitute a contract for the provision of a service to be provided by FoodObox to the Buyer in accordance with the terms herein, which contract shall be legally binding on FoodObox and the Buyer. The parties to the contract are FoodObox on the one hand and the Buyer on the other hand. The General Terms and Conditions include the terms and conditions of use of the Mobile App, the rules for registration of a account, use of Services, the rights and obligations of Buyers, users and visitors of the Mobile App, and any other legally relevant information found on the Mobile App. By accepting the Terms and Conditions and/or by any action performed through the Mobile Application, the Buyer declares and represents that he/she is familiar with and accepts these General Terms and Conditions. Any action of the Buyer in the Mobile App constitutes and shall be deemed to be an electronic expression that he agrees with, confirms and accepts these Terms and Conditions and enters into a contractual relationship with FoodObox. Purchasers should read these Terms and Conditions carefully before proceeding to use the Mobile App. Acceptance of and agreement to these Terms and Conditions is a prerequisite for use of the Mobile App.
  10. Durable medium – means any medium that enables the Buyer or FoodObox to store information sent to him personally, that allows its easy use in the future for a period of time corresponding to the purposes for which the information is intended and that allows the unaltered reproduction of the stored information. Examples of such media are paper, USB storage devices, CD-ROMs, DVDs, memory cards, computer hard drives, e-mail, etc. Internet sites that meet the following conditions are also considered durable media: the site allows the Buyer to retain the information received, the information can be retained for a sufficiently long period of time and the trader who provided the information cannot change it.
  11. Parties – means both FoodObox and the Buyer.
  12. Party – means either FoodObox or the Buyer.
  13. Third Parties/Persons – means all persons, organisations and bodies other than FoodObox and the Buyer.
  14. REGISTRATION
  15. To use the Mobile App and the Services offered through it, Buyers must be on the latest versions of the mobile operating system on their devices (Android).
  16. Access to the Mobile App is free, but registration on the Mobile App and creation of a Buyer account is required to use the Services offered through the Mobile App and the full functionality of the Mobile App. When a Buyer creates their account, they are granted access to use the FoodObox software platform provided through the Mobile App. Creating a account offers the Buyer easy access to see the boxes of Products they have the option to reserve through the card integrated on the Mobile App, their current reservation, their previous reservations, as well as edit their personal preferences.
  17. Registration on the Mobile App is done by entering Buyer details on the Buyer registration form on the Mobile App, including three names, a valid email address, username, contact telephone number (optional), access password, and other required details as per the registration form on the Mobile App, which will be saved in the FoodObox system. Registration of a Mobile App account can also be done using the Buyer’s Facebook (Facebook), Google mail, Apple or email accounts. Before registering an account, the Buyer should tick the space indicated on the registration form that he agrees to these Terms and Conditions and the FoodObox Privacy Policy.
  18. By accepting these Terms and Conditions, the person who has completed the registration form authorises FoodObox and its team to verify the details provided and to contact the person for identification of the person and confirmation of the details provided by the person, if deemed necessary.
  19. FoodObox’s Privacy Policy applies to the personal data entered.
  20. Where registration is made using the Buyer’s email address, upon completion in full of the mandatory details on the Mobile App registration form as per clause 3 above, the Buyer will receive an electronic message (email) to the email address provided by the Buyer with a confirmation link to the email address provided by the Buyer. Once the Buyer’s email address is confirmed by clicking on the link in the sent email, the Buyer will be able to access their account and use the full functionality of the Mobile App.
  21. Following successful registration and activation of an account, the Buyer may access their account on the Mobile App by entering their chosen username and password (when registering via email) or by using their Facebook or Google accounts.
  22. Only able-bodied natural persons aged 14 years or older may register on the Mobile App. The person making the registration should tick the space indicated on the registration form that he/she is of legal age and 14 years of age or older. Persons who are under 14 years of age (minors) are not eligible to register and/or use the Services on the Mobile App.
  23. By registering for an account and ticking the space indicated on the registration form to agree to the Terms and Conditions, the Buyer is deemed to have accepted these Terms and Conditions. From that moment on the contract between the Parties shall be deemed to have been concluded. By completing the registration, the person who has made the registration declares and warrants that he is not an incapacitated person or a minor, and that he uses valid personal identification data when registering.
  24. When making the registration, the Customer undertakes to provide true and up-to-date data. Any person carrying out registration is responsible for incorrect and/or incomplete data and information in the Mobile Application. FoodObox shall not be liable if a Buyer or Third Party has filled in incorrect and/or erroneous data at the time of registration or at a later stage, including in all cases where FoodObox cannot provide any of the requested Services as a result of incorrect contact details or other incomplete or incorrect information about the Buyer.
  25. FoodObox shall have the right, at its sole discretion, to refuse to provide Services via the Mobile App by refusing to register an account on the Platform or to delete/hide/deactivate an already registered account, including in all cases where the Buyer has not fully and correctly filled in the required information, where it is suspected that the Buyer is not eligible to use the relevant Service and the Mobile App (e.g. is underage, incapacitated, has entered false data or for any other reason is not entitled to use the Services and the Mobile Application or does not comply with the law, the Mobile Application and/or these Terms and Conditions) or has violated these Terms and Conditions, applicable law or the rights and legal interests of Third Parties in connection with the Services offered on the Mobile Application, without notice, warning or compensation to the Buyer or retention or restoration of the information in the Buyer’s account.
  26. The Buyer shall be responsible for all actions performed through or resulting from the use of its account. The Buyer undertakes not to provide access details to his account to any person who does not wish to act on his behalf and for his account. If the Buyer provides them to a person, he is deemed to have authorised that person to act on his behalf and at his expense. In such case the Buyer shall be liable for the acts of that person as his own.
  27. The Buyer shall be responsible for the data and information filled in and requested by him through his Mobile App account, as well as for the data and information provided by phone to FoodObox, if any.
  28. The Buyer shall notify FoodObox upon any change in the data he/she has provided to FoodObox upon registration or at a later stage, failing which FoodObox shall not be liable for the provision of the Services in case of use of incomplete or inaccurate data, issuance of documents with false data or any other actions.
  29. In any case, the Buyer shall be liable for payment of all Services ordered and for any additional costs, damages and lost profits incurred by FoodObox or Third Parties as a result of incorrect information entered by the Buyer or failure to provide subsequent notice in accordance with clause 14 above.
  30. BOOKING BOXES OF PRODUCTS VIA THE MOBILE APP
  31. The Products offered by the Sellers are available for booking through the Mobile App. The Products offered by the Sellers are grouped by the latter into so-called Product boxes according to the daily surplus of the respective Seller. Buyers will not be able to make a selection of the Products grouped in the boxes or to reserve individual Products, but only boxes with Products selected by the Seller.
  32. Through the Mobile App, Buyers have the opportunity to reserve and receive a box of Products offered by a Seller at the selected Seller’s outlet. A list of Sellers offering Products via the Mobile App can be found on the Mobile App. If a Buyer has allowed the Mobile App to use their location, the Mobile App will track the Buyer’s location and the list will display Sellers in the Buyer’s vicinity.
  33. To reserve a box of Products on the Mobile App, the Buyer must follow the instructions of the Mobile App at the time of the reservation by selecting a merchant on the map of the Mobile App and one or more boxes of Products offered therein that the Buyer wishes to reserve, which are added to the so-called basket. After clicking on the „Book Now“ button or another similar button, the Buyer shall be deemed to have made a reservation of the box(es) of Products selected by the Buyer at a particular Seller’s outlet. By making the reservation, the Buyer makes a statement that he/she wishes to purchase the reserved box(es) of Products and undertakes to pay the price thereof and to appear at the outlet from which the box(es) of Products have been reserved, within the time period (time range) specified on the Mobile Application to collect the same. By placing an order, the Buyer agrees that the price of the reserved boxes of Products will be paid by the Buyer at the point of sale upon receipt of the reserved boxes of Products from the Seller offering them.
  34. Making the reservation constitutes an electronic declaration by the Buyer that he/she agrees to these General Terms and Conditions of FoodObox, to the individual terms and conditions for the specific transaction, which he/she has read and approved, and to the payment of the price of the boxes of Products on the spot at the outlet upon receipt of the reserved boxes of Products from the Seller offering them.
  35. Before the Buyer confirms (completes) the reservation by pressing the „Book Now“ or other similar button, the Customer has the right to cancel the reservation by using the technical steps provided in the Mobile Application, such as pressing the „Cancel Reservation“ or other similar button.
  36. By making the reservation, the Customer authorizes FoodObox to contact him/her in any possible way, when required in connection with the reservation made or the contract concluded.
  37. The Buyer is only allowed to book one or more boxes of Products from one outlet listed on the Mobile App card within the same booking, respectively the Buyer cannot add box(es) of Products from another outlet before completing a booking of a box of Products from one outlet.
  38. Upon successful completion of the booking of Products and without undue delay, once the Buyer has made the booking via the Mobile App, a code will be generated, which will be between 4 and 6 digits, which the Buyer shall provide to the outlet upon receipt of the booked boxes of Products. The generation of the code is equivalent to a confirmation by FoodObox of the successful booking of the box(es) of Products. Without providing this code, the Buyer cannot receive the reserved boxes of Products. It is the Buyer’s responsibility to ensure that the booking confirmation containing the code can be displayed on site upon receipt of the reserved boxes of Products from the relevant outlet.
  39. The box of Products shall be deemed to be reserved (reserved) from the time of receipt of the generated code in accordance with clause 8 above. In the event that such a code is not generated and received by the Buyer, the reservation shall not be deemed confirmed and accepted by FoodObox and FoodObox shall not be deemed bound by the reservation
  40. The code pursuant to clause 8 and clause 9 above shall be displayed without undue delay after the Buyer has successfully completed the booking and the same can be found by the Buyer in his/her account in the „Orders“ section. In the „Orders“ section, the Buyer can find information on all details of the bookings made by him through the Mobile App, including information on the type of Product boxes booked; the outlets from which they are booked; the time ranges for picking up the booked Product boxes; the prices of the booked Product boxes, etc. and the status of each booking.
  41. In the event that a Buyer does not receive confirmation of their reservation, the Buyer may contact FoodObox using the contact details set out in these Terms and Conditions.
  42. FoodObox does not make delivery of Products booked through the Mobile App and has no obligation to do so. The Mobile App shall contain information on the time period during which the Buyer is obliged to pick up the Product reserved by him at the address of the respective Seller’s outlet offering it. The pick-up time is usually for a period of 30 minutes, but can be both shorter and longer. A description of the Seller and details of when and where the Products can be picked up appear on the Mobile App and are also set out in the booking confirmation. If the Buyer arrives at the pick-up address before the scheduled pick-up time, there is a possibility that the Seller has not yet prepared the reserved boxes of Products for delivery to the Buyer and the Buyer may have to wait according to the Seller’s instructions. Buyers should note that if they arrive at the pick-up address after the specified time period for receipt of the reserved boxes of Products, the retail outlet may be closed and/or the box of Products may no longer be available. In this case, FoodObox is entitled to impose on the Buyer the penalties set out in Section X of these Terms and Conditions.
  43. The Buyer has the obligation, upon receipt of the reserved box of Products on site from the outlet, to ensure that the type and number of Products delivered correspond to the Buyer’s reservation. In the event of any discrepancies, shortages or other circumstances found which do not correspond to the reservation made by the Buyer via the Mobile Application, the Buyer shall be obliged to bring them to the attention of the Seller on the spot upon receipt of the reserved box of Products. FoodObox is not liable for them.
  44. Given that the Products offered through the Mobile App are mainly perishable goods and as the concept of FoodObox is to avoid wastage of food and other products, the Seller shall be entitled to sell a reserved box of Products to a Third Party if the Buyer fails to appear to collect the reserved box of Products within the time period (time range) specified in the Mobile App and in the Booking Confirmation.
  45. FoodObox shall not be liable for incorrect or incorrect data filled in when making the reservation. In the event of incorrect or incorrect data, the booking shall be deemed invalid and FoodObox shall not be obliged to fulfil it.
  46. The Buyer shall be responsible for the data filled in by the Buyer in the Mobile App and the data provided by phone to FoodObox, if any. In the event that a person is found to have completed/provided data to a third party without their consent, that person shall be jointly and severally liable with the third party for the price of the Products booked.
  47. The Buyer is responsible for the accuracy and completeness of all booking details requested/filled via the Mobile App and provided over the phone to FoodObox, if any.
  48. FoodObox has the right to refuse confirmation of a booking if it suspects that the Buyer is not eligible to book Products through the Mobile App (e.g. has entered false data or is under 14 years of age or is otherwise not eligible to use the Services on the Mobile App or does not comply with the law, the Mobile App and/or these Terms and Conditions or has violated the latter, applicable law or the rights and legal interests of Third Parties in relation to the Services offered on the Mobile App.
  49. The Buyer and any Third Parties to whom the Buyer has granted access to the Buyer’s Mobile App account shall be responsible for the reservations of boxes of Products made through the Buyer’s Mobile App account. The Buyer is responsible for all activities and consequences that occur as a result of the use of his/her account. The Buyer undertakes not to provide access data to his account to persons who do not wish to make reservations on his behalf and at his expense. If the Buyer provides them to a person, the Buyer shall be deemed to have authorised that person to make bookings on his behalf and at his expense and shall be liable to pay the price of the box(es) of Products booked by such person.
  50. FoodObox shall not be liable for any failure by the Buyer to comply with the time periods (time ranges) specified on the Mobile App within which the Buyer is obliged to attend the outlet from which the box(es) of Products have been booked to collect the same. In the event of non-compliance with these deadlines, FoodObox shall be entitled to impose on the Buyer the penalties set out in Section X of these General Terms and Conditions.
  51. All Products booked via the Mobile App and purchased on-site from the relevant Seller offering them shall be consumed immediately upon collection and/or as directed on the Product or Seller’s label. FoodObox shall not be liable in any way for any adverse reactions of Buyers to Products for any reason, including if Buyers have not consumed the Products in accordance with the label or information set out in these General Terms and Conditions and/or provided directly by the Seller.
  52. FoodObox shall not be liable for any failure or delay in performing any obligations relating to the Products, including with respect to the manufacture, sale, purchase, storage, preparation, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.
  53. PRICES AND METHOD OF PAYMENT
  54. . The prices of boxes of Products offered by Sellers through the Mobile App are discounted from the original price at which the Products grouped in a box are offered to direct customers of the relevant outlet in which they are offered. For each box of Products offered through the Mobile App, the Seller shall provide information on the original regular price of the Products grouped therein and the amount of the discount, as well as the final price after the discount at which the Buyer has the opportunity to reserve and purchase the given box of Products.
  55. All prices of the boxes of Products are in Bulgarian leva and are final prices inclusive of all taxes and fees, including value added tax, unless otherwise stated on the Mobile Application.
  56. The prices of the boxes of Products are those indicated on the Mobile App at the time of booking, except in cases of obvious error. In the event of an obvious error, FoodObox reserves the right to notify the Buyer of the actual price of the boxes of Products booked by the Buyer.
  57. By reserving a box of Products, Buyer agrees to pay the price of such box of Products on the spot upon receipt by Seller. The final amount payable by the Buyer shall be the sum of the price of all individual boxes of Products which the Buyer has reserved.
  58. All bank charges, bank commissions, exchange rate losses or commissions and other costs and charges associated with payments shall be borne by the Buyer. The Buyer undertakes to take all necessary action and pay all necessary incidental fees and expenses so that the Seller receives the full price of the reserved boxes of Products.
  59. Title to the reserved boxes of Products shall pass to the Buyer upon payment of their price. Until such time they shall be deemed to be the property of the Seller.
  60. FoodObox reserves the right to change, at any time and without notice, at the request of a Seller, the prices of boxes of Products offered through the Mobile App, and such changes will not affect boxes of Products already reserved by Buyers at the time of the change.
  61. CANCELLATION OF RESERVATION BY FoodObox
  62. FoodObox shall have the right to refuse to accept and/or perform Services offered through the Mobile App to a Buyer, including refusing to complete a reservation of a box of Products, without liability for non-performance and without compensation or other action or payment to the Buyer, where:
  63. Buyer is unfaithful;

the information provided by the Buyer is incomplete, incorrect or invalid;

the Buyer’s actions may harm FoodObox or its affiliates;

the Buyer’s conduct is contrary to these Terms and Conditions, or if the Buyer’s conduct is contrary to morality or commercial practice without the Buyer having to break the law;

the Buyer has failed to pay for the box(es) of Products booked through the Mobile App and/or has failed to attend the outlet from which the box(es) of Products was/are booked within the time period specified on the Mobile App for receipt of the same.

  1. The cancellation shall be communicated to the Buyer if the latter has provided valid contact details. In this case, FoodObox shall not be liable for non-performance.
  2. FoodObox shall also be entitled to treat a Buyer as incorrect in cases where:a) there is non-compliance by the Buyer with the Terms and Conditions;

there is a finding of unfair, arrogant or rude treatment of FoodObox representatives and/or Seller;

(c) the Buyer has been found to be systematically abusive towards FoodObox.

  1. PERSONAL DATA
  2. The type of personal data that FoodObox collects and processes, the use and protection of personal data are described in the FoodObox Privacy Policy, which is a separate document. When registering for an account, the Buyer should tick the space indicated on the registration form to agree to and accept the FoodObox Privacy Policy.
  3. CONTENT OF THE MOBILE APPLICATION
  4. The Mobile App provides Buyers with information about FoodObox’s Services and provides Buyers with functionality related to searching, booking and purchasing Products offered by Sellers, subject to Buyers’ compliance with these Terms and Conditions, applicable Bulgarian and European law, all generally accepted commercial practices in the country, and the relevant requirements for the specific Services set out below.
  5. Through the Mobile App, the Buyers are presented with a description of the Products grouped by a Seller in boxes so that the Buyer can obtain the most detailed information about the ingredients and allergens of the Products, the price discount, etc. Buyer has the ability to filter by preferred options such as the type of Products contained in the box (e.g., meat, bread or beverage), allergens (e.g., gluten or lactose free), time period (time range) for picking up a box of Products or as otherwise determined by FoodObox. When a Buyer filters on one or more of these options, only boxes of Products in that category(ies) will be visible to the Buyer.
  6. Offers from registered Sellers will be available on the Mobile App. If the Buyer has allowed themselves to be geolocated, the Mobile App will first display items and available offers in the Buyer’s vicinity. The Buyer has the right to book boxes of Products available in other points in the country and to search for offers through the different filters available of the type Vegan, Vegetarian and others, according to point 2 above.
  7. The Mobile App may only offer access to Products offered by outlets in certain cities and regions at FoodObox’s discretion.
  8. FoodObox in no way manufactures, sells, purchases, stores, prepares, produces, processes, labels, packages, delivers or handles the Products offered through the Mobile App, nor is FoodObox responsible for the information provided about any Product on the Mobile App. The Products included in the Mobile App database and all information regarding the same are provided by Sellers and they are responsible for all information regarding the Products they offer through the Mobile App. In the event that a Buyer has questions about any information about a box of Products or an individual Product, the Buyer should contact the Seller offering the same at the contact number for that Seller listed on the Mobile App.
  9. FoodObox is not responsible for the Mobile App content, description, information, images, videos or other items or features regarding the Products, or any other data or materials entered or provided by Sellers, Third Parties or Buyers, including comments and content of communications between Buyers, Sellers and Third Parties.
  10. FoodObox has the capacity of the administrator of the Mobile App only. FoodObox is not responsible for whether the data regarding the boxes of Products and individual Products, their availability and prices are up-to-date, whether the description of the Products is true and complete according to the criteria provided in the Mobile App, whether the photographs or videos are of the respective Products, whether they are of high resolution and quality.
  11. Sellers are responsible for the information provided via the Mobile App and transmitted by them to FoodObox. Sellers who have entered information are also responsible for obtaining all permits, registrations and/or licenses to conduct their business of offering Products for sale through the Mobile App, including compliance with applicable food safety, copyright, competition, consumer protection, privacy and other laws.
  12. Sellers are responsible for the availability of the Products offered through the Mobile App, their quality and shelf life, and that the Products meet all of the characteristics specified for them on the Mobile App. All claims by the Buyer in relation to the Products shall be made against the Seller who provides or has provided the relevant Product or has entered the information relating to it.
  13. It is the responsibility of each Seller not to sell to persons under the age of 18 any Products booked through the Mobile App which are prohibited from being sold to the same and it is the responsibility of the Seller to ensure that the person who has attended its premises to receive and pay for a booked box of Products containing Products which are prohibited from being sold to persons under the age of 18 is over the age of 18.
  14. FoodObox is not responsible for any errors and/or incompleteness in the description and characteristics of the Products, and is not responsible for the availability, quantity, quality or shelf life of Products offered by a Seller through the Mobile App. FoodObox shall not indemnify the Buyer and shall not be liable to the Buyer for the circumstances referred to in the preceding sentence and any claims by the Buyer in respect of such damages shall be made directly to the Seller.
  15. FoodObox shall not be liable for any failure to perform or delay in performance of any obligations relating to the Products, including with respect to the manufacture, sale, purchase, storage, preparation, production, handling, marking, delivery, quality, ingredients , allergens or processing of the Products.
  16. FoodObox does not warrant that all boxes of Products and/or individual Products and their availability are current. It is the responsibility of the Sellers entering the data to update the data regarding the available boxes of Products and individual Products. All claims relating to the content and currency of the information on Product boxes and individual Products should be made against the person who posted them.
  17. FoodObox is not responsible for the content provided or entered by Sellers for the Product boxes and individual Products, including for the acquisition of copyrights on images or other intellectual property objects. Sellers are solely responsible for all posted materials, comments and communications that infringe the rights of Third Parties or contravene applicable law. Any claims in relation to infringed copyright or other rights should be brought against the person who published them or provided them to FoodObox for publication.
  18. FoodObox requires Sellers who offer Products through the Mobile App to provide only high-resolution images and videos of the approximate condition, appearance and volume of the Products. The images of the Products, videos and data on the Mobile App may be informative and indicative and the Products received on site may differ from the images. These images are only intended to give some general idea of the type of Product offered and not to represent it accurately. It is possible that some images or videos may give the wrong impression of the Product offered and some details may be incorrect. Product descriptions may also be incomplete or inaccurate. Other users of the Mobile App may have made comments and opined that certain information is incorrect, incomplete, duplicated or otherwise flawed. FoodObox shall not be liable or liable to compensate Buyers for any such discrepancy or incompleteness. FoodObox is not responsible or liable for whether the comments and opinions of the persons making them are truthful or conform to the requirements of morality and good morals. All claims should be brought against the Seller offering the relevant Product and the persons who made the comments and gave the opinions.
  19. All dealings of the Buyer with Sellers and Third Parties shall be settled in the name of and on behalf of the Buyer, unless FoodObox has expressly undertaken in relation to such relationships.
  20. BUYER’S RIGHTS AND OBLIGATIONS
  21. The Buyer shall be entitled to use the Services as long as the Buyer pays the duly provided prices for the reserved boxes of Products and appears at the outlet from which the boxes of Products are reserved, within the time period (time range) specified on the Mobile App to receive the same, and complies with all its other obligations under these Terms and Conditions.
  22. The Buyer has the right to withdraw from the use of the Mobile Application and from the Services provided through it at any time by submitting a request for deletion of the account via the contact form accessible via a link from the Mobile Application. In this case, the Buyer shall be liable for receipt on site within the time period indicated on the Mobile Application and payment for all reserved boxes of Products before the time of deletion of the account.
  23. RIGHTS AND OBLIGATIONS OF FOOODBOX
  24. The Buyer understands and agrees that FoodObox shall have the right to decide, in its sole discretion, which actions of the Buyer constitute a breach of these Terms and Conditions, the law and/or the rights of Third Parties, and to take appropriate action to remedy the breach.
  25. The Buyer understands and agrees that FoodObox is entitled, in assessing the potential risk to the security and/or violation of the normal operation of the Mobile Application or any part thereof, in violation or suspicion of violation of the General Terms, the law or rights of Third Parties when using the Services, as well as if it does not receive and / or pay on time boxes of Products reserved through the Mobile Application, at its discretion to temporarily or permanently prohibit the use of the Mobile Application by the Buyer and to terminate temporarily or permanently access to the Platform or block the Buyer’s Account without notice, notice and without owing compensation or other compensation to the Buyer. In this case, the termination of the Services and the deletion of information shall not be considered a breach of the contractual obligations of FoodObox, and in this case FoodObox shall not be liable for any loss of data by the Buyer or any other type of damage suffered by the Buyer.
  26. FoodObox reserves the right, without notice, notice and without compensation or other remedy, to suspend the provision of Services temporarily or permanently and to suspend temporarily or permanently the Buyer’s access to the Buyer’s account and/or the Mobile App and the ability to reserve boxes of Products through the Mobile App. FoodObox shall have the right, but not the obligation, in its sole discretion, to delete Buyer’s information resources and materials uploaded to the Mobile Application, if available. In this case, the termination of the Services and the deletion of information shall not be considered a breach of the contractual obligations of FoodObox, and in this case FoodObox shall not be liable for any loss of data by the Buyer or any other type of damage suffered by the Buyer.
  27. FoodObox shall have the right to suspend or terminate the Buyer’s access to the Services provided in the event FoodObox is sanctioned by its contractors or other third parties due to the fault and/or actions of the Buyer, including in the event of a violation of legal provisions, Third Party Rights or these Terms and Conditions, including if the Buyer is fined, has its rights to use the Services restricted, has privileges revoked, is blacklisted or receives a warning of such sanction. In such event, Buyer shall indemnify FoodObox for all damages suffered, including liquidated damages, compensatory damages, and any other amounts paid by FoodObox in connection with the breach, including attorneys’ fees. Termination of the Services and deletion of the information in such event shall not be deemed a breach of FoodObox’s contractual obligations and FoodObox shall not owe any notices, demands, damages or other compensation to Buyer.
  28. FoodObox shall have the right at any time without notice or warning to expand or restrict the scope of the Services it provides through the Mobile App, to change the terms and conditions, including introducing a requirement to pay for the Services, the method of access, registration, etc. FoodObox shall not be liable to the Buyer for any damages suffered or loss of profits suffered by the Buyer as a result of any restriction or change to the Services that FoodObox provides through the Mobile App. Where such changes result in an amendment to these Terms and Conditions, the procedure set out in Section XXII below shall apply.
  29. FoodObox may include with its Services services provided by Third Parties. FoodObox cannot and is not responsible for the quality of Services provided by Third Parties and shall not be liable for any damages to the Buyer due to problems with the Services from such Third Parties.
  30. FoodObox shall not be liable for any damages, penalties and/or compensation resulting from the acts or omissions of Third Parties not under FoodObox’s control.
  31. FoodObox shall not be liable for any damages, lost profits, costs, claims or other liabilities to the Purchasers if they arise from the Purchasers’ failure to comply with these Terms and Conditions.
  32. The Purchaser agrees that in the event of any dispute with Third Parties or any penalty or other sanction imposed on FoodObox, the Purchaser shall indemnify FoodObox for all penalties, damages and other costs paid as a result of the Purchaser’s bad faith or unlawful acts or omissions, including where the Purchaser has misrepresented, violated the law, the rights of Third Parties, the copyrights of FoodObox and Third Parties, personal data, competition rules, etc.
  33. Buyer also agrees to defend, indemnify and hold FoodObox harmless from and against any and all claims, suits, liabilities, losses, fines, penalties, damages and expenses arising out of any acts or omissions of FoodObox or its agents, employees, contractors and others in connection with the Services that are not expressly described as obligations of FoodObox, including but not limited to where such Services do not meet Buyer’s expressed needs.
  34. BUYER’S RESPONSIBILITIES AND OBLIGATIONS
  35. In using the Mobile Application and the Services offered on it, the Buyer undertakes to comply with these Terms and Conditions, applicable Bulgarian law, applicable international laws, the law of the European Union and of the country of the Buyer, the instructions of the Mobile Application and the additional instructions of FoodObox, the rules of morality and good morals, and to respect the rights and legitimate interests of Third Parties.
  36. The Customer undertakes not to enter, upload, store, distribute, use, transmit, provide or publish on the Mobile Application links to information, as well as data, text, files, software, photos, video or audio materials, messages, and any other materials and content:
  37. that contravene applicable law, infringe copyright, trademark or other intellectual property rights, violate the rights and freedoms of any person under the Constitution of the Republic of Bulgaria and applicable Bulgarian and international law, the law of the European Union, the country from which the Customer is or from which it offers its services, or violate the rights of any third party, or that contain personal data;

(a) which advocate discrimination, fascist, racist or other anti-democratic ideology;

(b) which harm the good name and reputation of others and call for violent change of the constitutionally established order, for the commission of a crime, for violence or incitement to racial, national, ethnic or religious hatred or enmity;

(c) which infringe the material or moral rights of third parties, including copyright and related rights;

(d) which contain pornography, sexual violence or links to websites or webpages containing such content;

(e) that contain computer viruses, Trojan horses, exploits or other malicious code or software;

(f) misleading or false material or sites for the purpose of fraud and improper acquisition of information.

  1. Buyer shall not interfere with the proper functioning of the Mobile Application, including, but not limited to, interfering with Third Party access to the Mobile Application, unauthorized access, disrupting or impeding access by other Buyers, Visitors and other Third Parties, or impairing or interfering with the availability, reliability or quality of the Services with respect to other Buyers, Visitors and other Third Parties.
  2. The Buyer undertakes not to carry out any prohibited activity or activity through the Services used without having a permit/registration to do so, if required by law.
  3. The Buyer undertakes to notify FoodObox immediately of any known or discovered violation in the use of the Services provided, including by its agents or Third Parties.
  4. The Buyer shall not use or allow any Third Party to use the Mobile Application and/or its account to launch and carry out attacks and malicious acts on any other computer system connected to the Internet.
  5. The Buyer is responsible for the confidentiality of his/her Mobile Application access details (email address, username and password) and accepts full responsibility for activities/actions carried out through his/her account. In the event that the Buyer suspects that for any reason the confidentiality of his/her data has been compromised, the Buyer must immediately notify FoodObox. If he fails to do so, all actions through the Buyer’s account shall be deemed to have been made by him personally and he shall be responsible for them, including for the receipt and payment of any Products booked through his account.
  6. Where the Buyer grants access for the use and management of his account to Third Parties, he shall be liable for the actions of such Third Parties as his own, and shall indemnify FoodObox for any damages caused by the use of the Services by Third Parties to whom he has granted access.
  7. In all cases, the Buyer shall be liable and shall indemnify FoodObox for all loss of profits, damages and losses caused directly or indirectly to FoodObox as a result of the Buyer’s violation of the law, the rights of Third Parties or these General Terms and Conditions, including those related to the performance of transactions through the Mobile Application, with the improper, illegal or contrary to these General Terms and Conditions use of the Mobile Application.
  8. Buyer shall not post any material containing viruses or other programs intended to destroy or damage the Mobile Application or any other system, or any material that contains prohibited, obscene, defamatory, threatening or malicious content about FoodObox or any Third Party. FoodObox reserves the right to remove and/or edit such material. If Buyer fails to comply with these obligations, Buyer shall be liable to FoodObox for damages and lost profits for each breach individually.
  9. In case of unauthorized and unauthorized use of the Services provided through the Mobile App, the Buyer shall be liable for the tangible and intangible damages caused to FoodObox. Upon discovery of such acts, FoodObox shall have the right to suspend the provision of the Services and to terminate the Buyer’s access to the Buyer’s account and/or the Mobile Application without liability for damages or loss of data by the Buyer and without notice or warning to the Buyer. Unauthorized use also occurs when actions are performed during the use of the Services, including the use of software or other means that hinder the work or interfere with the normal functioning of the FoodObox equipment, including exceeding the processing time limit, as well as disseminating information, which violates the legal provisions, the rights of Third Parties or these General Terms and Conditions.
  10. Buyer shall not make any public statements, representations or other public disclosures regarding Product reservations or these General Terms and Conditions without FoodObox’s prior written consent.
  11. Buyer shall not provide as its own the Services obtained from FoodObox.
  12. Buyer shall provide its own computer equipment, operating systems, software and internet access necessary for its use of the Services.
  13. In the event of a problem accessing or using the Mobile Application, Buyer will notify FoodObox at the following email address: info@foodobox.comor via the contact form on the website foodobox.com. FoodObox will use all reasonable efforts to correct the problem.

FoodObox’s responsibility and obligations

  1. FoodObox has no obligation to monitor the information that the Buyer stores on the Mobile App, or to check whether it complies with applicable law, whether it violates the rights of Third Parties or these General Terms and Conditions.
  2. FoodObox is not responsible for the information, data, text, files, software, photo, video or audio materials, messages, links and references, as well as any other materials and content stored, distributed, used, transmitted, or the activities of the Buyer.
  3. The Services provided by FoodObox do not include the provision of computer equipment, software and connectivity for the transfer of databases or information packages between Buyer and FoodObox and the use of the Services generally.
  4. FoodObox shall not be liable for any damages caused to software, hardware or electronic communications facilities, or for any loss of data resulting from materials or resources searched, loaded or used in any way through the Services provided.
  5. FoodObox shall not be liable for any damages or lost profits suffered by Buyer or any Third Party as a result of the termination, suspension, modification or restriction of the Services or Buyer’s access to Buyer’s account, the Mobile Application and/or the Services, or the deletion of any materials or content, in the event of Buyer’s failure to comply with any of its obligations and exercise any related rights of FoodObox.
  6. FoodObox shall not be liable for failure to provide the Services in the event of circumstances beyond its control, such as acts of God, fortuitous events, acts or omissions of Third Parties, problems in the global network of the Internet and in the provision of services beyond FoodObox’s control, or in the event of unauthorized access or intervention by Third Parties in the operation of the information system or servers, and FoodObox shall take all reasonable measures to limit such interventions.
  7. FoodObox shall not be held liable for failure to provide Services in the event of failure to receive and/or pay on time for box(es) of Products previously booked through the Mobile Application, failure to comply with the instructions and technological requirements for the use of the Services, improper handling of equipment or software, and as a result of tests performed by FoodObox to check equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the Services provided.
  8. FoodObox has no obligation to seek facts and circumstances indicating the commission of illegal activity. All content on the Mobile App is provided „as is“ without warranties of any kind or nature, express or implied, by FoodObox, disclaims and excludes all other warranties including but not limited to: availability, accuracy, reliability, timeliness, completeness, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other related rights. Other than the foregoing, FoodObox does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of such materials for any purpose.
  9. FoodObox hereby disclaims and excludes any representations or warranties that the Mobile Application are compatible with any operating system, mobile device, computer platform or browsers that Buyer may choose to use, except those expressly recommended by FoodObox. In addition, FoodObox disclaims any warranty that the Mobile App, including any future corrections, modifications, updates, enhancements, new versions or new models, will be compatible with new versions of any operating system, computer platforms and browsers within any specified time or at all.
  10. In no event will any amounts paid for Services that have already been requested, provided or commenced be refundable.
  11. The Buyer is responsible for the accuracy and legality of the information entered on the Mobile Application. The Buyer is also responsible for any texts, images and materials published by the Buyer. The Buyer agrees that FoodObox is not responsible for any information, texts, images and materials posted by the Buyer.
  12. FoodObox does not warrant that access to the Mobile App will be uninterrupted, secure or error-free to the extent beyond FoodObox’s ability, control or will.
  13. FoodObox provides reasonable technical protection for the Mobile App.
  14. FoodObox shall not be liable for interrupted access to the Mobile Application or for the failure to process or the untimely processing of requests to search for or reserve boxes of Products, including in the event of circumstances beyond its control – force majeure, fortuitous events, internet network problems, etc.
  15. FoodObox shall not be liable for any problems resulting from force majeure, or other causes other than programming error, when not rectified at the earliest opportunity, or when the Buyer or End Users have entered false or erroneous data or have used the Mobile App without complying with these Terms and Conditions, FoodObox’s instructions or the provisions of law.
  16. At the request of a competent government authority in the cases established by law, FoodObox is obliged to provide any information in its possession concerning the Buyer and its activities. In accordance with the requirements of the applicable law, FoodObox shall store the Buyer’s materials located on its servers and provide them to the competent state authorities in cases where this is necessary to preserve the rights, legitimate interests and security of FoodObox or Third Parties, as well as in cases where the same are requested by the relevant state authorities in due order.
  17. FoodObox’s failure to exercise any right or provision under these Terms will not constitute a waiver of any future exercise of that right or enforcement of that provision. No waiver of any such right or provision will be effective unless made in writing and signed by a duly authorized representative of FoodObox. Except as expressly set forth in these Terms, the exercise by either Party of any remedy under these Terms will not affect its other remedies under these Terms or any other remedy provided by applicable law. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms and Conditions will remain in full force and effect.
  18. LIMITATION OF LIABILITY
  19. The Buyer understands and agrees that all risk arising from access to and use of the Mobile App remains with the Buyer. Neither FoodObox nor any Third Party involved in the creation, production or delivery of the Mobile Application or any Services provided through the Mobile Application shall be liable for direct, incidental, special, exemplary or consequential damages, including lost profits, loss data or loss of reputation, interruption of service, damage to a computer, mobile device or damage to the system or any damage from personal or bodily injury or emotional suffering resulting from or in connection with these General Terms and Conditions, the use or inability to uses the Mobile Application or any Services provided through the Mobile Application, whether based on warranty, contract, tort (including negligence), liability for a product or service or other legal theory and whether FoodObox has been informed of the possibility of such damage or not .
  20. FoodObox shall not be liable to the Buyer for:a) Destruction or loss of data owned by the Buyer for reasons beyond FoodObox’s control;

(b) The Buyer’s inability to use the Mobile App for reasons beyond FoodObox’s control;

(c) Claims by Third Parties against the Buyer in connection with or arising out of the use of the Mobile App;

(d) Unlawful use of the Mobile App by the Buyer;

(e) Loss of data, loss or loss of profit due to acts or omissions of the Buyer, including in the event of non-compliance with these Terms and Conditions;

(f) Loss of data, loss or loss of profit arising from failure of the Buyer to arrive on time for receipt and/or failure to pay on time for reserved Products;

(g) Loss of data, loss or loss of profit due to acts or omissions of Third Parties who are beyond the control of FoodObox;

(h) If the Buyer is unable to access the Mobile App and use the Services due to lack of hardware, software or good internet connection, or if unable to access due to problems beyond FoodObox’s control (hardware, software problem, internet connectivity problem, etc.).

  1. PENALTIES FOR BUYERS FOR FAILURE TO SHOW UP TO RECEIVE AND PAY FOR PRODUCTS BOOKED THROUGH THE MOBILE APP
  2. In addition to the liability described in the previous section, in the event that a Buyer who has made a reservation of a box of Products through the Mobile Application (1) does not appear to receive and pay for the reserved box of Products on site at the commercial site from which it is offered; or (2) appears after the end of the time range specified by the Seller to pick up the reserved box with Products, according to the information specified in the Mobile Application, or (3) cancels/refuses the booking less than 90 minutes before the start of the time range for taking the reserved box with Products, FoodObox has the right to restrict or prohibit the use of the Mobile Application by this Buyer after the first such violation, as follows:
    1. second violation – FoodObox may restrict or prohibit the Buyer’s use of the Mobile App for three (3) days;
    2. third offence – FoodObox has the right to restrict or prohibit the Buyer’s use of the Mobile App for 7 (seven) days;
    3. fourth violation – FoodObox shall have the right to restrict or prohibit use of the Mobile App by such Buyer for thirty (30) days;
    4. fifth violation – FoodObox has the right to restrict or prohibit use of the Mobile App by that Buyer indefinitely.
  3. . The Buyer shall have the right to cancel/cancel a reservation made by the Buyer for a box of Products without penalty in cases where the Buyer has attempted to contact the Seller at the contact telephone number provided on the Mobile App to obtain information regarding the allergen content, nutritional values and/or other information regarding the consumption of the Products included in a box, but the Seller has not provided the required information. It is strongly recommended that all Products, once picked up, be consumed immediately or as soon as possible or following the label description, if available.
  4. The Customer has the right to cancel/cancel a reservation made by him/her for a box of Products without penalty if he/she does so at the latest 90 minutes before the start of the time period (time range) for picking up the reserved box of Products, via the Mobile App. For this purpose, the Buyer is required to follow the cancellation/cancellation steps described on the Mobile App. In the event of cancellation/cancellation within the time and in the manner specified in this clause 3, the Buyer shall not be penalised under this section.
  5. FoodObox shall not owe the Buyer any notice or intimation for exercising the rights under this section and shall not owe the Buyer any compensation or other remedy whatsoever. In such event, FoodObox shall be entitled to recover from Buyer compensation for all damages and lost profits caused by Buyer’s actions.
  6. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
  7. All content of the Mobile App, including all published texts, images, photos, videos, articles, programming code, are copyrighted. They belong to FoodObox (including available databases) and are protected by the Copyright and Related Rights Act. Copying and using them constitutes a gross violation of FoodObox’s rights and of the mandatory provisions of Bulgarian law.
  8. All proprietary and non-proprietary copyrights in the Mobile App, including but not limited to the design, logo and other graphic elements, software, programming code and functionality, working materials and demos, belong to FoodObox and FoodObox owns the copyrights in the Mobile App and all of its elements and components, know-how for all activities and functionality related to the Mobile App. FoodObox also owns the FoodObox brand, the Mobile App domain name with all possible extensions. Copying and using them directly or indirectly (e.g., but not limited to, meta tags and other indexing or web search techniques) without prior written permission from FoodObox is prohibited and constitutes a gross violation of the rights of FoodObox and the mandatory provisions of Bulgarian law.
  9. Nothing in these General Terms and Conditions confers or may be construed as conferring on the Buyer any rights (other than the right to use services specifically granted under these General Terms and Conditions) or legal interest in any patents, copyrights, trade secrets, technical data, know-how, logos, trademarks, trade names, FoodObox’s marks or other proprietary rights now or hereafter owned, used or claimed by FoodObox or any subsidiary or affiliate, and FoodObox reserves all such rights.
  10. In all cases, whether or not expressly listed above, Buyer may not copy, store, process, publish, distribute in original or revised form, or otherwise use the text, images or other content of the Mobile App.
  11. By creating a Mobile App account, the Buyer does not acquire any rights or licenses to the Mobile App Content, FoodObox or Third Party products or brands.
  12. The Buyer shall not have the right to access the programming code of the Mobile App and shall not copy or modify it in any way. Any attempt by the Buyer to access, copy or modify the program code of the Mobile App shall be deemed a gross violation of these Terms and Conditions and the rights of FoodObox.
  13. Buyers only have the right to use the Mobile Application for its usual purpose, without the right to modify or copy materials, use materials for commercial or public display (commercial and / or non-commercial), decompile, decompose or reverse engineer the software. The mobile application, to remove copyright notices or other intellectual property rights from the content of the materials, to remove copyrights or other intellectual property rights marks, to provide a „mirror“ copy of the materials for uploading to other servers and others. The right to use is automatically terminated upon violation of any of the foregoing basic restrictions and may be revoked at any time.
  14. In the event of any failure to comply with the terms of this section, FoodObox shall have the right to immediately terminate the Buyer’s use of the Mobile App without notice, notice or compensation, and to seek damages for all damages and lost profits caused by the Buyer’s actions.
  15. Buyer shall secure the consent of all Third Parties to whom it has granted access to its account to comply with FoodObox’s copyright and other intellectual property rights under this Section.
  16. FoodObox’s prohibitions on infringement of copyright and other intellectual property rights apply to all Third Parties, whether or not they are registered on the Mobile App and/or have an account, and in the event of infringement FoodObox shall be entitled to compensation for all damages and lost profits caused by the actions of Third Parties.
  17. In the event of copying or reproduction of information outside of what is permissible, as well as in the event of any other infringement of intellectual property rights on FoodObox resources, FoodObox shall be entitled to claim compensation, including for direct and indirect damages and lost profits in full.
  18. Except where expressly agreed, the Buyer may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the FoodObox Mobile App.
  19. CLAIMS
  20. The Buyer, who has the status of a consumer within the meaning of the Consumer Protection Act, has the right to make a claim against FoodObox when the Service provided on the Mobile Application is manifestly not in conformity with the Service agreed between the Buyer and FoodObox in these Terms and Conditions.
  21. Claims in relation to Services may be made within 14 days of the non-conformity of a Service being identified.
  22. In the event of a complaint, the Buyer must contact FoodObox first before taking any other action.
  23. The complaint may be submitted electronically or in writing to an authorized representative of FoodObox via the Mobile App, by email to the following email address: info@foodobox.com, by courier or mail, or in person at the address of FoodObox listed above.
  24. When submitting a claim, the Buyer must provide their details, the subject of the claim and the contact address, including email address. When submitting a claim, the Buyer shall attach the documents on which it is based, including: proof of payment; 2. reports, deeds or other documents establishing the non-conformity of the Service with the agreed; 3. photographs and/or other documents supporting the claim.
  25. FoodObox may not accept the claim if appropriate documentation or a suitable alternative is not provided.
  26. Where a non-conforming Service has been provided, FoodObox will, within one month of receipt of a valid claim, provide a Service that conforms to these Terms and Conditions.
  27. The Buyer shall not be entitled to claim if the non-conformance of the Services is due to acts or omissions of the Buyer or Third Parties, including a Seller.
  28. All claims relating to the Products, including their quantity, quality, composition and other characteristics shall be made to the relevant Seller from whom they were purchased. FoodObox is not liable for them.
  29. The Buyer shall have the option of contacting FoodObox directly in relation to claims that relate to compromised quality of Products, and/or to expired Products, and/or to a box of Products containing Products with a value less than the minimum value of the same mentioned on the Platform. In these cases, FoodObox may, at its discretion, examine the claim and take a decision on it, as well as forward it directly to the Seller. For the avoidance of doubt, any other claims relating to the Products not described in this clause 10 may only be made to the Seller of the same and FoodObox shall not be liable for the same.
  30. In the event that a Product claim is valid and the Buyer’s claim is not satisfied by the Seller, FoodObox shall have the option to provide the Buyer with a voucher of an amount equal to the amount paid by the Buyer for the relevant box of Products, valid for use at all registered FoodObox outlets, for up to thirty (30) days from the date of issue.
  31. WAIVER
  32. FoodObox informs the Buyer, who has the status of a consumer within the meaning of the Consumer Protection Act, that pursuant to Article 50 of the Consumer Protection Act he has the right to withdraw from the Service Contract (as a distance or off-premises contract) within 14 days from the date of its conclusion by accepting these General Terms and Conditions. Pursuant to Art. 57 para. 1, however, the provisions of Art. 50-56 of the Consumer Protection Act regarding the Buyer’s right of withdrawal shall not apply to service contracts after the full performance of the Service and where performance has commenced with the prior express consent of the Buyer and with the Buyer’s acknowledgement that he or she will lose his or her right of withdrawal after the full performance of the contract by the trader.
  33. The Buyer, who has the capacity of a consumer within the meaning of the Consumer Protection Act, hereby declares his or her express consent and acknowledges that once he or she starts using the Service, which is provided by FoodObox through the Mobile App, he or she loses his or her right of withdrawal. The Buyer hereby gives its express prior consent and accepts the execution of the contract. The Buyer understands that it loses its right of withdrawal by agreeing to commence performance of the Contract.
  34. Prior to commencing the use of the Service which it has ordered, the Buyer, who has the capacity of a consumer within the meaning of the Consumer Protection Act, shall have the right to withdraw from the Service Contract, without assigning any reasons, not later than 14 days after the conclusion of the Service Contract by accepting these Terms and Conditions. Cancellation is made by sending a message to FoodObox via the Mobile App, by email to the following email address: info@foodobox.com, by courier or mail, or in person at the address of FoodObox listed above. In order to exercise his right of withdrawal, the Buyer must notify FoodObox of his decision to withdraw from the Service Contract in an unequivocal statement.
  35. In the event of cancellation, FoodObox shall return to the Buyer – individual all prepaid and unused amounts within 14 days of cancellation, if any. If a refund is legally due, FoodObox will refund the amounts using the same payment method used by the Individual Buyer in the original transaction. Any incoming transfer costs or exchange rate losses, as well as any fees charged by the bank, are the responsibility of the Individual Buyer. The burden of proving that the right of withdrawal has been duly exercised rests with the Individual Buyer.
  36. PAYMENTS
  37. The Buyer, who has the status of a consumer within the meaning of the Consumer Protection Act, has the right to complain if the Services do not comply with these Terms and Conditions. The complaint may be submitted electronically or in writing and must contain details of the Buyer, including an email address, and a description of the non-compliance. In the event that the details or information in the complaint are insufficient, FoodObox may contact the Buyer-Consumer before taking a view on the complaint or filling in the missing details.
  38. The complaint can be made by sending a message to FoodObox via the Mobile App, by email to the following email address: info@foodobox.com, by courier or mail, or in person at the address of FoodObox listed above.
  39. The deadline for submitting a complaint is 3 days from the relevant event.
  40. FoodObox will duly consider complaints submitted within 14 days of receipt and will respond to the email address provided by the Buyer.
  41. CANCELLATION AND TERMINATION
  42. Except as provided in these Terms and Conditions, the agreement between the Parties shall also terminate upon FoodObox ceasing to provide the Services or ceasing to maintain the Mobile App without FoodObox owing any notice, compensation or other form of indemnity to the Buyer.
  43. Except as provided in these Terms and Conditions, either Party may terminate this Agreement subject to the requirements of applicable law. The Buyer may not claim termination if the non-conformity of the Service with the Contract is minor.
  44. Termination may also occur:
  45. (a) by mutual consent of the Parties in writing or by statements exchanged by email or via the Mobile App;
  46. (b) in the event that the Buyer’s account is closed/deactivated in accordance with these Terms and Conditions;
  47. (c) in the event of the exercise of the right of withdrawal by a Buyer who has the status of a consumer under the Consumer Protection Act, as well as in the other cases of termination and cancellation of the Contract for Consumer Buyers provided for in the Consumer Protection Act.
  48. In all cases of termination, FoodObox shall have the right to immediately remove any information, materials and content of the Buyer from the Mobile App without notice, notice or compensation to the Buyer.
  49. Upon termination or cancellation, all rights and obligations of the Parties shall terminate, except that Buyer shall not be relieved of its obligation to receive and pay for Products reserved through the Mobile App prior to the date of termination.
  50. AMENDMENTS TO THE MOBILE APPLICATION
  51. . FoodObox shall have the right at any time to make amendments and improvements to the Mobile Application and to the form and content of the Services provided.
  52. FoodObox has the right to temporarily suspend the Services offered temporarily or permanently, including if necessary to update them. In such cases, FoodObox shall warn the Buyer via the Mobile App.
  53. In these cases, FoodObox shall not be liable for any damages caused and lost benefits to the Buyers.
  54. FoodObox is not responsible for any errors that may occur on the Mobile App, including errors caused by changes, settings and other actions not performed by FoodObox.
  55. COMMUNICATION WITH THE BUYER
  56. By filling in the details and contact details, the Buyer expressly consents to FoodObox using any technical means of communication with the Buyer for which the Buyer has provided contact details.
  57. The provision of contact details and contact details by the Buyer does not oblige FoodObox to contact the Buyer.
  58. The language of these Terms and Conditions and communication with the Buyer is English.
  59. NOTICES
  60. All notices in connection with the Service Agreement and these Terms and Conditions will be in writing and may be delivered by registered mail, courier or email addressed to the other party at the address set forth below or sent via the Mobile App.
  61. Notifices to FoodObox:
  62. Address: FoodObox’s mailing address listed above.
  63. Email: info@foodobox.com
  64. Notifications to Buyer: As listed in the Buyer account.
  65. Buyer acknowledges that all of its representations shall be deemed valid and that the written form shall be deemed to have been complied with by Buyer’s performance of the following: Sending a message by electronic mail (email), pressing an electronic button in the Mobile App with content that is filled in or selected by the Buyer or ticking a box (check box) in the Mobile App and the like, as long as the statement is technically recorded in a way that allows it to be reproduced.
  66. VISITOR INFORMATION
  67. . All visitors to the Mobile Application, whether or not they have registered, agree to abide by these General Terms and Conditions and to refrain from any action that would harm the rights or legitimate interests of FoodObox, including not taking any action intended to destroy or damage the Mobile Application or any other system, and not posting any material with prohibited, obscene, defamatory, threatening or malicious content about FoodObox or any Third Party. FoodObox reserves the right to remove and/or edit such material.
  68. PARTIAL INVALIDITY
  69. . The parties declare that, in the event that any provision(s) of these Terms and Conditions is/are found to be invalid, this shall not invalidate the entire Terms and Conditions or any other part thereof. The invalid clause will be superseded by mandatory rules of law or established practice.
  70. FORCE MAJEURE AND OTHER CONDITIONS
  71. . Neither Party shall be liable to the other for any delay or failure to perform, in whole or in part, its obligations under this Contract if and to the extent such delay or failure is due to a Force Majeure Event. Force Majeure Events are events beyond the control of a Party which occur after the date of the Service Contract and which are not reasonably foreseeable at the time of its conclusion and the impact of which cannot be overcome without unreasonable expense and/or loss of time to the Party concerned. Force Majeure Events include (but are not limited to) war, civil commotion, strikes, lockouts and other industrial disputes, acts of state, acts of God, extreme weather conditions, epidemics, pandemics, failure or widespread unavailability of transport facilities, accidents, fire, explosions and general power outages.
  72. If either Party is affected by a Force Majeure Event, it will notify the other Party in writing or through the Platform as soon as reasonably possible and take all reasonable steps to mitigate the effect of the Force Majeure Event.
  73. If a Force Majeure Event causes either Party to delay or fail to perform for a period of four (4) weeks or more, either Party shall be entitled to terminate this Contract with immediate effect without liability to the other Party.
  74. Buyer agrees and understands that it may not use the force majeure event as a legal basis for delay or non-payment.
  75. FoodObox shall not be liable for any damages, lost profits, costs, claims or other liabilities to the Buyer or to any Third Party if they arise as a result of any failure by the Buyer or any other person to comply with these Terms and Conditions or applicable law.
  76. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
  77. . FoodObox reserves the right to unilaterally amend the Terms and Conditions at any time. When changes are made to the General Terms and Conditions, FoodObox shall notify the Buyer by posting a notice of the amendment to the General Terms and Conditions in a prominent place on the Mobile App, and shall notify the Buyer of the amendments by telephone, electronic mail (email) or by notification within the Mobile App. FoodObox will notify the Buyer of any amendments to the Terms and Conditions no later than 7 days prior to their effective date. Amendments to the General Terms and Conditions shall not affect the Services prior to the expiry of the 7 day notice period.
  78. If the Buyer does not wish to be bound by the amended Terms and Conditions and to use the Services and the Mobile App after the amended Terms and Conditions come into effect, the Buyer may terminate its contractual relationship with FoodObox and its use of the Mobile App without assigning any reason and without compensation or penalty by giving written notice to FoodObox within one month of receipt of the notice referred to in paragraph 1.
  79. Buyer agrees that all notices from FoodObox in connection with the amendment of these General Terms and Conditions will be sent to the email address provided by Buyer when registering for an account. Buyer agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature to be effective against Buyer.
  80. Buyer may waive the notice period set forth in Section 2 by written statement, including by email or clear affirmative action at any time after receipt of notice pursuant to Section 1.
  81. If the Buyer fails to notify FoodObox in accordance with clause 2, and if the Buyer takes any action on the Mobile App or continues to use FoodObox Services via the Mobile App, the Buyer shall be deemed to have accepted the changes.
  82. Amendments to the General Terms and Conditions shall not affect the relationship between the Buyer and FoodObox arising in connection with a booking validly made and confirmed by FoodObox prior to notification of amendment to the General Terms and Conditions, unless there is a statutory basis for applying the amendments retrospectively.
  83. All orders confirmed by FoodObox are subject to the General Terms and Conditions in force at the time of confirmation.
  84. Certain changes may have retroactive effect with respect to reservations already made for Products.
  85. In all cases listed in this section, FoodObox shall not be liable for any damages or lost profits to the Buyer.
  86. APPLICABLE LAW
  87. The provisions of the applicable Bulgarian law shall apply to the matters not covered, including the use of the Mobile App by foreign Buyers.
  88. DISPUTE SETTLEMENT
  89. Any disputes arising between FoodObox and the Buyer in connection with the Services provided through the Mobile App will be resolved by mutual agreement or, if this is not possible, the disputes will be resolved by the competent Bulgarian court.
  90. With respect to Purchasers who have the status of consumers within the meaning of the Consumer Protection Act, any disputes, controversies or claims arising out of or in connection with the Services Contract or its breach, termination or invalidity may be resolved by the out-of-court consumer dispute resolution authorities pursuant to Article 181a and under the Consumer Protection Act. Further information can be found on the website of the Consumer Protection Commission and on the following online dispute resolution platforms: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguageand https://mi.government.bg/bg/themes/spisak-na-organite-za-alternativno-reshavane-na-potrebitelski-sporove-elektronna-platforma-za-onlain-1608-0.html).
  91. SUPERVISORY AUTHORITIES
  92. If, as a consumer within the meaning of the Consumer Protection Act, you believe that we have violated your rights as a consumer, you may file a complaint with the competent authority in Bulgaria, the Consumer Protection Commission. More information is available at: kzp.bg. You can also file your complaint in the country where you live, at your workplace or at a place where you believe we have violated your rights.
  93. INFORMATION AND CONSENT
  94. By accepting these Terms and Conditions, the Buyer declares that they have been provided with information and are aware of:
  95. (a) FoodObox’s name and address and any other identifying information;
  96. b) all features of the goods and services provided by FoodObox;
  97. c) availability of the Products;
  98. (d) the Customer shall have access to the Seller’s direct contact in the event that the Customer requires further information regarding the contents of the Products
  99. (e) information on the composition, purpose and use of the Products;
  100. (f) the price of the Products ordered inclusive of all taxes and charges, if any,
  101. (g) the payment methods available on the Mobile App
  102. (h) the period for which the price of the Goods and Services is valid;
  103. i) the terms and conditions of the Services;
  104. (j) the terms and conditions of the warranty/suitability of the Products;
  105. (k) the terms, conditions, period and method of return and cancellation;
  106. (l) the hazards associated with the normal use, application or maintenance of the Services;
  107. (m) contact information for FoodObox, including by telephone and email;
  108. (n) the technical steps of the contract and their legal significance;
  109. (o) the technical means to detect and correct errors in the input of information before the contractual statement is made.
  110. (p) the Buyer’s agreement to these Terms and Conditions and the accompanying Service Contract will be stored electronically and a separate paper contract will not be stored by FoodObox;
  111. q) the contract with FoodObox shall be executed in Bulgarian;
  112. The Buyer consents to the conclusion of a distance contract for the use of the Mobile App.