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General terms of use of the site

This document contains the General Terms and Conditions of the contract for use provided by "FRATELLI 3" OOD services through a website for online orders "www.fratelli.bg" ("General Terms") and regulates the relationship between "FRATELLI 3" OOD and each of the users of the website www.fratelli.bg.
 

І. DEFINITIONS
 

In the interpretation and application of these General Terms and Conditions, the terms and expressions used will have the following meaning:
1.1. An "IP address" is a unique identification number that associates a device, Web page, or user resource in a way that allows it to be located on the World Wide Web.
1.2. FRATELLI 3 OOD (referred to as “Fratelli”) is a company with UIC: 200813778, with registered office and address of management: Varna, Chaika neighbourhood, bl. 34, restaurant Fratelli., And correspondence address : Varna, Chaika neighbourhood, bl. 34, restaurant Fratelli., mob. : (+359) 0700 33 903, e-mail: callcenter@fratelli.bg, which provides the services subject to these General Terms and Conditions through the administration of his site: http://fratelli.bg.
1.3. fratelli.bg/The website fratelli.bg is a website through whom USERS are given the opportunity to purchase and delivered food to the address specified by them.
1.4. "Electronic link" is a link indicated on a certain Internet page, which allows automatic redirection to another Internet page, information resource or object through standardized protocols.
1.5. "Malicious actions" are actions or omissions that violate Internet ethics or harm individuals connected to the Internet or associated networks, including but not limited to sending junk mail (SPAM, JUNK MAIL), channel overflow (FLOOD), receiving access to foreign resources rights and passwords, use of deficiencies in systems for personal gain or information retrieval (HACK), actions that may qualify as industrial espionage or sabotage, damage or destruction of systems or information files (CRACK), sending "Trojan horses" or causing the installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, as well as performing any actions that may qualify as a crime or administrative violation under Bulgarian law or other applicable law.
1.9. "User profile" is a separate part of fratelli.bg, containing information about the user, provided by him during registration and stored by fratelli.bg, and access to the user profile is carried out by entering a username and password. The profile enables the user to view and edit the data entered during the registration, to have access to your personal mailbox, to change your access password, to subscribe, respectively to unsubscribe, to receive a newsletter, etc.
1.10. "Username" is a unique code of letters and / or numbers chosen by the user, by means of which he is individualized in fratelli.bg
1.11. "Password" is a code of letters and / or numbers chosen by the user, which together with the username individualizes the same.
1.12. "User Content" is any data, information, text, opinions and comments that the USER has on fratelli.bg in order to be available through the Website fratelli.bg for all other USERS.
1.13. "Server" is a device or system of connected devices on which or any of which is installed system software to perform tasks related to the storage, processing, reception or transmission of information.
1.14. "Website" is the designated place on the global Internet, accessible through its unified address (URL) via HTTP or HTTPS and containing files, programs, text, sound, picture, image, electronic links or other materials and resources.
1.15. "Accidental event" is an unforeseen circumstance of extraordinary nature at the time of concluding the contract, which makes its implementation objectively impossible.
1.16. "Commercial communications" are advertising or other communications representing, directly or indirectly, the stock, services or reputation of a person engaged in a trade or craft activity or in a regulated profession.
 

II. SUBJECT OF THE CONTRACT

2.1. Fratelli, through the Website fratelli.bg provides on-line to the USER the services provided in these General Terms ("Services"), in strict compliance by the latter of the requirements specified in these General Terms.
2.3. The use of part of the Services on the Website fratelli.bg is possible only after preliminary registration, creation of a User profile of the USER and entering the username and password.
2.4. The relations between the USERS and fratelli.bg in connection with the offer, access and use of paid services through the fratelli.bg Website are settled according to the rules described in the General Terms of Use of the respective paid services available through the fratelli.bg Website.
 

III. APPLIED FIELD. AGREEMENT WITH THE GENERAL TERMS AND CONDITIONS

3.1. These General Terms and Conditions apply to the relations with the USERS who have registered on the Website fratelli.bg ("registered USERS"). These General Terms and Conditions apply accordingly to the relations with the USERS who have not registered on the website fratelli.bg ("unregistered USERS"), as their rights are limited to using the services described in item 2.2.
3.2. The text of these General Terms and Conditions is available on the Internet on a website with address http: // fratelli.bg in a way that allows its storage and reproduction. An electronic link to the Website, containing the text of these General Terms and Conditions, is located on each page of the Website fratelli.bg. With each use of the services and resources of the Website fratelli.bg, including the opening of a Website from the Website fratelli.bg, as well as by clicking an electronic link from the title (home) or any other link of the Website fratelli.bg , USERS declare that they are familiar with these General Terms, agree with them and undertake to comply with them.
3.3. In order to be able to use the services under item 2.3. of these General Terms and Conditions, the USER must pre-register by filling out the relevant electronic registration form, available in real time (on-line) on the Internet at http://fratelli.bg.
3.3.1 In the process of registration, by ticking the field "I agree with the General Terms of fratelli.bg” and pressing the virtual button "Registration", the USER, respectively the parent or guardian of the USER, makes an explicit electronic statement within the meaning of the Electronic Law document and electronic signature, which declares that he is familiar with these General Terms, accepts them, agrees with them and undertakes to comply with them.
3.3.2 By registering, the USER gets access to all services offered by fratelli.bg. When filling in the registration form, the USER is obliged to provide complete and accurate data about his identity, respectively the identity of the USER, and other data required by the electronic form of fratelli.bg, as well as to update them immediately upon any change. The USER guarantees that the data provided during the registration process are correct, complete and accurate and will update them in a timely manner if there are any changes.
3.3.3 In case of failure to provide the personal data required in the registration form, fratelli.bg has the right to refuse registration.
3.3.4 In case of providing incorrect data or failure to reflect the changes, fratelli.bg has the right to terminate or suspend immediately and without notice the provision of the Services, as well as maintaining its registration. In this case, the termination of the provision of the Services is considered an automatic termination of the contract.
 

IV. USER NAME AND PASSWORD. USER PROFILE

4.1. When registering, the USER indicates a username and password. If the username is not already occupied, the USER receives the username and password he has requested. Through them the USER gets access to his User profile, as well as the opportunity to use the Services under item 2.3.4.2. The User Name is a unique code of letters, numbers and signs, by means of which the USER is individualized when using the Services under item 2.3. fratelli.bg does not check and is not responsible for the coincidence of the username with the name of the USER, for whether it affects the rights of third parties and in particular the right to a name or other personal rights, the right to a trade name (company), the right to trademark or other intellectual property rights.
4.3. The password is a code of letters, numbers and characters, which together with the username is used to access a specific user profile.
4.5. The USER is obliged not to disclose his password to third parties and to immediately notify fratelli.bg in case of unauthorized access, as well as in the event of such access. The USER is obliged to take all care and take the necessary measures that are reasonably necessary in order to protect his password and the secret question and answer and is fully responsible for all actions performed by him or by a third party through their use.
4.6. The user profile is a separate part of the Website fratelli.bg, containing information about the registered USER, provided during the registration process and stored on a server of fratelli.bg. Through his user profile the USER can use, configure, activate or deactivate the use of various services under item 2.3. fratelli.bg, to manage user content located by him on a server of fratelli.bg, to update the data provided during his registration, to change his password and the secret question and answer, to terminate his registration in fratelli.bg, etc.
4.7. Each USER can have only one active user profile. It is forbidden to register under a false name or under another's name (under another's identity). Fratelli.bg may refuse the registration of a person for whom it has received information that it indicates incorrect or foreign data.

V. CONCLUSION OF THE CONTRACT

5.1. The agreement between the parties shall take effect from the moment of reaching an agreement, objectified in the manner specified in item 3.2 or item 3.3.1.
5.2. The contract is concluded in Bulgarian.
5.3. The contract is valid:
a) For the unregistered USERS - until the termination of the use of the Services under item 2.2
b) For the registered USERS - for an indefinite period from the registration of the USER until the termination of the contract in the manner provided in these General Terms.
 

VI. CHANGES IN THE GENERAL TERMS

6.1. In view of the periodic supplementation and modification of the Services, their improvement and expansion, as well as in connection with possible legislative changes that reflect on them, the General Terms and Conditions may be changed unilaterally by Fratelli. This change may also be made in the event of a change in the type, nature or technology of the Services provided, in the event of termination of the provision of certain Services, as well as in the event of a change in economic conditions.
6.2. When making changes to the General Terms, Fratelli brings them to the attention of USERS by publishing them on the Website fratelli.bg. Fratelli gives the USERS a two-week period to get acquainted with the changes in the General Terms and Conditions, after that they take effect.
6.3. These General Terms and Conditions, as well as future changes, shall also apply to existing registered USERS as of the date those changes take place. Within the term under item 6.2. They have the opportunity to declare by sending a message to Fratelli that they reject the changes. In case the statement for rejection of the changes is not received by Fratelli, it is considered that the USER is bound by them. The statement by a registered USER that he does not agree with changes in the General Terms and Conditions will automatically terminate the contract between the USER and Fratelli for use of the services provided through the Website fratelli.bg, where Fratelli has the right to immediately suspend the access of the USER to his user profile, to terminate his registration and to delete from its servers all User Content located by it.

VII. RIGHTS AND OBLIGATIONS OF THE USER

7.1. The USER himself provides the client equipment (terminal devices for Internet access and relevant software applications) and Internet access necessary for the use of the services provided by FRATELLI.
7.2. The USER has the right to access on-line the Services provided through the Website fratelli.bg, in compliance with the conditions and requirements for access set by FRATELLI.
7.4. The USER undertakes when using the services provided by Fratelli not to load, have on Fratelli's server and not to make available in any way to third parties User content - information, data, text, messages and any other materials or electronic links to materials:
a) Contrary to the Bulgarian legislation, the applicable foreign laws, the present General Terms and Conditions, the Internet ethics, the rules of morals and good manners;
b) Containing violence (including violence against animals), agitation for violence, humiliation of human dignity, threat to life and integrity of people;
c) With pornographic or sexually explicit content;
d) Containing clearly distinguishable bodies of victims of car accidents and other serious incidents;
e) Insulting a religion or containing religious agitation;
f) Representing a trade or official secret or other confidential information; which are subject to intellectual property rights of third parties, except with the consent of the right holder;
g) Infringing any property or non-property rights or legitimate interests of third parties;
h) Promoting discrimination based on sex, race, education, age or religion or preaching a fascist, racist or other undemocratic ideology;
i) Damaging the good name of another and calling for a forcible change in the constitutional order, for the commission of a crime, for violence against the person or for incitement to racial, national, ethnic or religious hatred;
j) Containing information inciting or facilitating the commission of terrorist activity;
k) Containing information about foreign passwords or access rights without the consent of their holder, as well as software for access to such passwords or rights;
7.5. The USER undertakes when using the services provided by Fratelli:
a) Not to commit malicious acts within the meaning of these General Terms and Conditions;
b) To notify Fratelli immediately of any case of committed or discovered violation when using the provided services;
c) Not to present himself as another person;
d) Not to use methods leading to forced loading of content unwanted by Internet users ("pop-up", "blind link").
7.6. The USER has the right at any time at its sole discretion to terminate the use of the Services provided by Fratelli by deactivating their provision by his User profile or other specified website or terminate his registration on the Website fratelli.bg, respectively terminate the use of the Services by item 2.2. From the moment of termination of the registration, and for the unregistered USERS - from the moment of termination of the use of the services under item 2.2., the contract between the parties is considered automatically terminated, and Fratelli suspends the access of the respective USER to his User profile and has the right to suspend access to and delete from its servers all user Content located in compliance with item 14.2. of these General Terms and Conditions. Deactivation of the provision of certain Services does not lead to termination of the contract.
7.7. The USER may access and use any content published on the fratelli.bg Website, including User Content, only for personal use for non-commercial purposes in compliance with the requirements of these General Terms.
7.8. The USER undertakes not to exercise or attempt to gain unauthorized access to the services provided by fratelli.bg by intercepting and using foreign passwords or any other methods, not to circumvent, damage or otherwise interfere with the normal operation of technical or software applications on the Website fratelli.bg, which prevent or restrict access to foreign electronic mailboxes, administrative panels, computer systems and networks related to the services provided.

VIII. RIGHTS AND OBLIGATIONS OF SOCIETIES

8.1. Fratelli undertakes to take care providing the USER with the opportunity to use the Services normally.
Policy for acceptance and satisfaction of complaints of FRATELLI DELIVERY
We, FRATELLI, promise that we will be at your door with your order within the deadline announced when you placed your order. For orders within the settlement in which you are, the guaranteed delivery time is 60 minutes, for resorts and suburbs - deliveries are made up to 90 minutes.
WE, FRATELLI are committed to deliver your order within 90 minutes.
8.1.1. Terms of delivery by cities
• We have free local delivery to the areas of Vinitsa neighbourhood, Chaika neighbourhood, Liatno kino Trakia to Otets Paisiy, Confu and Grand Mall.
• Varna - delivery for each order within the city BGN 1.50. delivery price BGN 2.50, for the following areas: Galata, Asparuhovo.
8.1.2. The minimum value of an order
The minimum value of an order is BGN 10 within the city.
8.1.4. Frateli guarantees the taste characteristics and nutritional qualities of the delivered products under your order within 2 (two) hours from the moment of the order. In view of this, Fratelli recommends that you consume the products delivered to you within the above-mentioned period. After this period, Fratelli is not responsible for the taste and nutritional qualities of the delivered products.
8.1.5. If a discrepancy is found between your order and the delivered products in terms of quantity and quality, you have the right to file a complaint in accordance with the Consumer Protection Act. For your complaint you need to notify us within 60 minutes from the time of submission of your order, and the notification is considered submitted by calling the Call center of Orders - number 0700 33 903. If your notification of a complaint is made after this period Fratelli is not obliged to follow the policy for accepting complaints.
Calls to 0700 33 903 are charged at the price of one local call, the price of which is determined by the individual tariff plan of each user with the telecommunications company whose services he uses.
8.1.7. In all cases of incorrect execution of your order, except for those related to an undelivered item / product, your complaint will be recognized as justified only if you present to the supplier the product from which you are dissatisfied, in an amount not less than two thirds of what was delivered.
8.2. Fratelli has no obligation and objective ability to control the way the USER uses the Services provided, and is not responsible for the purposes and activities of the USER in connection with the use of the Services, as well as for the type and nature of the User Content. Fratelli has no obligation to monitor the information stored on its servers or made available when providing the Services, nor to seek facts and circumstances indicating the commission of illegal activity by the USER through the use of the Services.
8.3. In accordance with the requirements of the current Bulgarian legislation Fratelli stores information materials and resources located by the USER on a server of fratelli.bg Website, and has the right to provide them to the competent state authorities in cases where this is necessary to preserve the rights, legitimate interests and security of Fratelli or of third parties, as well as in the cases when the same are required by the respective state agencies in due order.
8.4. In case of non-use of the USER's User Profile within 60 days after the registration or 120 days have elapsed since its last use, Fratelli has the right to suspend without notice the respective USER's access to his User Profile, terminate his registration and delete from the servers. its all User Content located by it. From the moment of termination of the registration the contract with the USER is considered automatically terminated.
8.5. Fratelli has the right to place on each of the pages of the Website fratelli.bg, including in the User profiles, electronic links, advertising banners and other advertising forms for stock and services offered by Fratelli or third parties, as well as electronic links and advertising banners indicating to websites outside the control of FRATELLI. FRATELLI is not responsible for the content, accuracy and legality of such Internet pages or resources and of services or resources that have become available to the USER when using the services of the Website fratelli.bg
8.6. FRATELLI has the right to send commercial messages to USERS in order to offer information and advertisements about their own or offered by other companies stock and / or services, to make inquiries on various issues, to conduct surveys and more. By accepting these General Terms and Conditions, the USER agrees to receive commercial communications from FRATELLI.
8.8. FRATELLI has the right, but not the obligation, at its discretion and without notice to suspend access and / or remove User Content, when it contradicts the requirements set forth in these General Terms and Conditions.
8.9. FRATELLI has no obligation to suspend access and / or remove User Content published on the Website fratelli.bg at the request of the USER who posted it.
8.10. FRATELLI has the right at its discretion and without notice to suspend or temporarily restrict the USER's access to the Services under item 2.3., As well as the access of other USERS to User Content located by him, when, at the discretion of FRATELLI or according to received from third parties information, the USER uses the Services in violation of Bulgarian law, these General Terms, good manners or other applicable rules.
8.11. FRATELLI reserves the right to temporarily or permanently suspend the provision of specific Services available through the Website fratelli.bg, by notifying the USER with a message on the relevant websites or in his User profile.
 

IX. INTELLECTUAL PROPERTY

9.1. By posting User Content in any form on the fratelli.bg Website, the USER grants FRATELLI the non-exclusive right to use, record, store, distribute it publicly on the Internet, including offering access to an unlimited number of persons to it in a manner allowing this access to be made from a place and time individually chosen by each of them, without remuneration for it and without territorial restrictions (for the whole world). The right under the previous paragraph is granted for the time for which the User Content is located on the FRATELLI server, as well as for a reasonable period after its removal or deletion.
9.2. When using the Services, subject to these General Terms, the USER has access to a variety of content and resources that are subject to copyright or other intellectual property rights of FRATELLI, other USERS or the persons indicated. The USER has access to the content for personal use in accordance with these General Terms and Conditions and has no right to use, record, store, reproduces, modifies, adapts or publicly distributes intellectual property objects that have become available to him during the use of the Services, unless it is insignificant in volume information intended for personal use, provided that the legitimate interests of the authors are not unduly harmed, or other holders of intellectual property rights, in the event that the copying or reproduction is carried out by a non-commercial purpose, as well as in case the relevant content is provided by him or has received the explicit consent of the respective right holders. Notwithstanding the above, the USER has no right to remove the trademark and other intellectual property rights marks from the materials available to him, regardless of whether the holder of the respective rights of FRATELLI or another USER.
9.4. Intellectual property rights over all objects of intellectual property - materials, databases and other resources located on the Website, outside the User Content, located by the USERS of the Website fratelli.bg, are subject to protection under the Copyright Act. and related rights and / or the Trademarks and Geographical Indications Act belong to FRATELLI or to the respective designated person, who has transferred the right to use FRATELLI and cannot be used in violation of the current legislation.
9.5. In the event that the USER considers that his intellectual property rights have been infringed by another user, he must notify FRATELLI in writing to the address of management specified in these General Terms and Conditions or by letter sent to the e-mail address provided for contact with FRATELLI. The notification shall contain an accurate identification of the material allegedly published in infringement of intellectual property rights, indication of the person or persons whose intellectual property rights have been harmed and the grounds on which these persons have become holders of the respective rights, as well as address and telephone number for contact with the USER. FRATELLI at its discretion shall take the actions specified in item 11.1. of these General Terms and Conditions.

X. RESPONSIBILITY. LIMITATION OF LIABILITY

10.1. FRATELI takes care of providing the USER with the opportunity to use the Services normally, but as long as their provision is free, there is no obligation and does not guarantee that they will meet the requirements of the USER, nor that they will be continuous, timely or secure. With acceptance of these General Terms and Conditions, the USER declares that the use of the provided Services will be entirely at his risk and responsibility, and the parties agree that FRATELI is not responsible for any damage caused to the USER when using the provided Services.
10.3. FRATELI is not responsible for the availability and quality of goods and content of services brought to the attention of the USER by publishing on the Website electronic links, advertising banners and messages for the sale of goods and provision of services by third parties and / or by attaching such to the text of the commercial messages sent to him at the e-mail address indicated by him at the time of his registration or generated at his registration. Insofar as the actions of these third parties are not under the control of FRATELI, it is not responsible for the illegal nature of the activities of third parties or for the emergence, guarantee, performance, amendment and termination of obligations and commitments in relation to goods offered by third parties and services, and is not liable for any damages and lost profits arising from these relationships.
10.4. FRATELI is not responsible for failure to provide services in circumstances beyond its control - in cases of force majeure, accidental events, problems in the global Internet and in the provision of services beyond the control of FRATELI, problems due to the USER's equipment, as and in case of unauthorized access or intervention of third parties in the functioning of the information system or the servers of FRATELI.
10.5. FRATELI is not liable for damages caused to the software, hardware or equipment of the USER, or for loss of data resulting from materials or resources sought, downloaded or used in any way through the provided Services.
10.6. FRATELI is not liable to the USER and third parties for damages and lost profits resulting from termination, suspension, modification or restriction of the provision of any of the Services provided for the use of the Services, deletion, return, non-receipt, modification, loss , the inaccuracy, inaccuracy, or incompleteness of articles, messages, materials, or information used, recorded, or made available through the fratelli.bg Website.
10.7. The Parties agree that FRATELI is not responsible for the non-provision of the Services or their provision of deteriorated quality as a result of tests performed by FRATELI for the purpose of checking equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the provided Services. In these cases FRATELI notifies the USER in advance of the possible temporary non-provision, respectively of the deteriorated quality of the Services.
10.8. By accepting these General Terms and Conditions, the USER declares that he is aware of the possibility of possible interruptions and other difficulties in the implementation of the Internet connection to the Website fratelli.bg, which may occur regardless of the care taken by FRATELI. THE USER declares that it will not claim any compensation from FRATELI for lost profits, damages or inconveniences due to the occurrence of the above interruptions or difficulties of the Internet connection, including the capacity of this connection.
10.9. FRATELI is not responsible and does not owe compensation to a person whose personal data has been used by another person for the use of the Services provided by FRATELI, regardless of whether or not he has given consent.

XI. RIGHTS OF SENDERS IN CASE OF FAILURE OF CONSUMER OBLIGATIONS

11.1. FRATELLI has the right to suspend, limit or change the Services provided to the USER, as well as to refer to the competent state authorities, if the USER, in the opinion of FRATELI, violates provisions of applicable Bulgarian law, these General Terms or the rights and legitimate interests of third parties, and at any time and without prior notice to suspend access to any content located on The website fratelli.bg from the USER, for which it deems or receives information from third parties that it contradicts the current Bulgarian legislation, these General Terms and Conditions of their or foreign rights and legitimate interests, including intellectual property rights, until such dispute is resolved with act of a competent state authorities.
11.2. Upon receipt of an order from the competent state authorities concerning User Content, FRATELLI has the right without prior notice to suspend access to such User Content or to perform other actions in accordance with the received order.
11.3. FRATELLI has the right without deactivation to deactivate the password for access to the user profile of the USER in case that at the discretion of FRATELLI, the USER violates provisions of the current Bulgarian legislation, these General Terms or the rights and legitimate interests of third parties. In these cases FRATELLI has the right to terminate the registration of the USER, to terminate the provision of the USER of the Services under item 2.3. and delete from its servers all User Content located by it. The contract with the USER is considered automatically terminated from the date of termination of its registration.
11.4. When he receives information that gives sufficient grounds to assume that the behavior of the USER in using the Services of the Website fratelli.bg by the USER could constitute a crime or administrative violation, FRATELLI has the right at its discretion to refer the competent state authorities, providing them with the necessary assistance and all the necessary information and materials required in due course, which at the discretion of the relevant authority would help to identify the perpetrator and prove the crime or administrative violation.
11.5. In the above cases, FRATELLI is not liable for damages and lost profits by the USER or third parties resulting from the suspension, modification or restriction of the Services, termination of the contract or provision of information or execution of orders of the competent state authorities.

XII. BENEFITS

12.1. The USER is obliged to indemnify FRATELLI and all third parties for all damages and lost profits suffered by them, including for paid property sanctions, attorney's fees and other expenses, as a result of claims from and / or paid indemnities to third parties in connection with materials that the USER has made available to third parties or has made available through the use of Services provided by FRATELLI in violation of Bulgarian law, applicable foreign laws, these General Terms and Conditions or good manners, as well as in connection with other violations of its obligations under these General terms.
12.2. Apart from the above, the USER undertakes to indemnify FRATELLI for all damages caused as a result of using the provided Services by third parties to whom the latter has provided his password or secret question and answer in violation of these General Terms.
12.3. Parents exercising parental rights, guardians or custodians of a minor are liable for all damages caused by the same to FRATELLI and third parties during the registration and use of the Services - subject to these General Terms and Conditions, as well as for any damages resulting from indications of false data or falsity of the declaration under item 3.3.2, last sentence.
12.4. The obligations of the persons under this item 12 continue to be effective even after the termination of the contract with the USER.

XIII. PROTECTION OF PERSONAL DATA
13.1. FRATELLI has the right to collect and use information about USERS. The information by which the person can be identified may include name, surname, lastname, date of birth.