GENERAL TERMS AND CONDITIONS
for use of services provided and accessible via the Website at address www.skapto.bg
I. INFORMATION REGARDING THE SERVICE PROVIDER/SUPPLIER
1. SKAPTOBARA LTD is a limited liability company, entered/recorded in the Commercial Registry and the Nonprofit Legal Entities Registry under No UIC 202815984, with registered seat and management address at: City of Sofia 1000, Iskar 11a str., E-mail address [email protected], website: www.skapto.bg.
In these General Terms and Conditions the terms specified hereinafter below shall have the following meaning:
1) „SKAPTO”, shall mean SKAPTOBARA, UIC 202815984. Detailed information regarding SKAPTOBARA and contacts information regarding the Company can be found in Section I „Information regarding the service provider/supplier”;
2) „General Terms and Conditions“, shall mean these General Terms and Conditions and their appendices, as well as all their subsequent amendments/modifications, which were notified and to which access is provided via the Website;
3) „Order“, shall mean Client’s order, placed via the Website, for purchasing of SKAPTO Products, selected on part of the Client, together with specification of the selected mode of payment and pick-up address;
5) „Client“, shall mean any person, using the Website in any manner, including, but not only limited to, viewing, creating own Profile via registration, placing Orders and performing any other activities thereto connected;
6) „Profile“, shall mean a part in the Website, comprised of e-mail address and password, permitting order placement by the Client/User, containing information regarding the Client/User, provided by latter during the registration process via the Website, as well as history of its placed Orders;
7) „Website“, shall mean domain (web address) https://www.skapto.bg/;
8) „SKAPTO PRODUCTS“, shall mean all products, including burgers, French fries, salads, sauces, alcoholic & nonalcoholic beverages/soft drinks, and desserts, offered for sale by SKAPTO at the current time via the Website, part of the menu of SKAPTO, published on the Website;
9) „Services“, shall mean all services offered to Clients, executed/provided on part of SKAPTO via the Website at a particular moment of time, including the sales and pick-up of Skapto Products.
3.1. These General Terms and Conditions apply to all Orders, placed/executed via the Website. In the event of contradiction between the General Terms and Conditions and the conditions envisioned in the Order, the Order’s special conditions shall take precedence.
3.2. These General Terms and Conditions are binding for all persons, performing registration via the Website and placing Orders.
3.3. In order to perform Order placement, the Client must initially perform registration on the Website, creating its own personal Profile by entering its e-mail address and password.
3.4. In view of periodic updating and modification of the Services, their respective improvement and extension, as well as in connection with possible legislative changes, which may impact the terms/conditions specified herein, these General Terms and Conditions may be amended/modified by SKAPTO accordingly. The amendments/modifications to these General Terms and Conditions shall enter into full force and effect on the date of their publication on the Website. The Clients not consenting to the amendments/modifications of these в General Terms and Conditions possess the right to delete their Profile and cease use of the Services.
IV. REGISTRATION. CONSENT TO THE GENERAL TERMS AND CONDITIONS
4.1. In order to register its Profile, the Client must complete a registration form, accessible via the Website, by following the relevant instructions. During his/her registration the Client must specify an e-mail address and password permitting access to his/her Profile;
4.2. By completing the registration on the Website, the Client accepts and undertakes to observe these General Terms and Conditions.
4.3. After completion of the registration, the Client may use the following means of electronic identification in placing Orders for Skapto Products via the Website: user name and password, selected on part of the Client upon completion of the registration form.
4.4. By completing the registration the Client declares and warrants that he/she is a person of legal age using his/her true identity and data during the registration process.
4.5. The Client agrees and declares he/she shall provide true and complete information upon completion of the registration form on the Website. In the event of changes/modifications to the stated circumstances during the initial registration, the Client undertakes to update the respective data in his/her Profile at the latest by the time of placing the first Order, after setting in of the changes/modifications.
4.6. The Client shall be fully liable for preserving the secrecy of his/her e-mail and password, utilized for his/her identification in using the Website, as well as for the actions of third persons using his/her e-mail and password. In the event of doubts involving illegal or unauthorized access, stolen or lost e-mail and/or password, the Client must immediately inform Skapto for the purpose of ceasing access to the Client’s personal data/information and for the avoidance of unauthorized actions with the Profile. The Client shall be fully liable for all damages, suffered by him/her, SKAPTO, or third persons, resulting from the illegal use of his/her user name and access password.
5.1. Orders may be placed via the Website.
5.2. The Client has the right to a selection from a virtual menu of the offered Skapto Products, accessible on the Website. Upon ordering of a burger, the Client may choose the option „MODIFY“ and may fashion the burger according to his/her taste, by selecting from an assortment of products, specified on the menu on the Website. SKAPTO has the right at any time and without prior notice to introduce changes to the published in the menu Skapto Products, their respective prices and other conditions in connection with the delivery. The Clients shall be deemed informed of the specified changes as of the date of their publication in the virtual menu on the Website.
5.3. The Client may place Orders via the Website by selecting the desired Skapto Products, by observing the following basic technical steps, for completion and forwarding of the respective Order:
- Entry into the Client’s Profile;
- Selection of a Skapto pick-up location of the Order:
- Review of the menu, published on the Website;
- Adding Skapto Product/s in the virtual basket;
- Order completion, by pressing the „Order Completion”Until the Order’s completion the Client may review and change the ordered Skapto Products, quantities, and other data, in connection with the respective Order.
5.4. By pressing the „Order Completion” button the Client expresses agreement for purchasing the Skapto Products, located in his/her virtual basket under the conditions stipulated in these General Terms and Conditions.
5.5. The Orders, as well as the contacts information of Clients ordering for the first time, may be subjected to confirmation on the telephone. Due to this reason, the Client must specify in his/her Order a telephone number, where he/she could receive the confirmation.
5.6. Upon receipt of the ready Order at the selected Skapto pick-up location, the Client must identify himself/herself with the name specified in the Order.
IX. DISCLAIMER. LIMITATION OF LIABILITY
9.1. The content of the Website is provided „as is”, without guarantees of any kind or nature, explicit or implied, rejecting and excluding any other guarantees including, but not only limited to: availability, preciseness, reliability, timeliness, completeness, implied guarantees or conditions for merchantability, fitness for a particular purpose, violation of intellectual property rights or other related rights. Separately from the things specified herein above, SKAPTO does not guarantee and makes no warranties regarding the preciseness, possible results, or reliability of use of similar materials for other purposes on the Internet and the presence of a mobile network.
9.3. SKAPTO shall not bear any liability if the offered software proves incompatible with the mobile device, used on part of the Client, and if he/she cannot install said software, or even if successful installation is at hand – the software fails to operate correctly.
9.4. The Website operates only if a network is detected and available by the utilized device. If the Client has no network, the application shall not operate.
9.5. SKAPTO has not reviewed the contents of websites, with existing links on the Website and shall not be liable for the content of any related website, as well as for links from portals. The inclusion of a link in the contents of the Website shall not mean the existence of any commitment on part of SKAPTO. The use of such connected website shall be executed at own risk by the Client.
9.6. SKAPTO shall not be liable in the event of impossibility for performing registration via the Website, or in the event there is no access at a specific point of time to any part of the Website or if the access is of poor quality due to any reason. SKAPTO shall not be liable for damages, caused to telecommunication facilities, software, and hardware, or loss of data, arising from materials or resources used in any manner via the Website.
9.7. SKAPTO shall not be liable for the objectives and activities of the Client in connection with the use of the Website, as well as for the contents of the Client’s Profile.
9.8. SKAPTO has the right to reject the fulfillment of an Order placed by a Client, which by his/her actions or inactions has provided grounds for SKAPTO to believe that cannot fulfill in good faith his/her obligations, arising from these General Terms and Conditions.
The materials published on the Website may include technical, printing, or photographic errors. SKAPTO may execute changes to the materials, contained in the Website at any time, without prior notice, but shall assume no undertakings for updating the materials.
XI. RIGHT TO REJECTION. CLAIMS
11.1. Pursuant to the provisions of Article 50 of the Consumer Protection Act („CPA“), a buyer with the capacity of client/user within the meaning of the CPA, has the right to reject the contract for sale remotely and to demand the return of the goods purchased on his/her part within 14 (fourteen) days term after the goods’ acceptance. However, in this specific case, the Clients do not possess the right to rejection pursuant to the provisions of Article 50 of the CPA regarding Skapto Products, because Skapto Products, offered on part of SKAPTO are perishable products within the meaning of Article 57, Item 4 of the CPA.
11.2. (1) Notwithstanding the information specified herein above, the Client has the right to: file a claim within a term of 30 (thirty) minutes, as of the time of receipt of delivery of Skapto Products, in case the Order is incomplete or in the event the picked-up Products do not conform to the placed Order. If the claim is filed after this term, SKAPTO shall not be obligated to observe the claims acceptance policy.
(2) Within the term stipulated in Paragraph (1) and under the same conditions, the Client may file a claim in one of the following manners: (1) on location, in a commercial site of SKAPTO, from which it has received the ready Order, or (2) via e-mail, directed to the e-mail address of SKAPTO: [email protected] SKAPTO has the right to require from Clients presentation of photograph of the Product subject of the claim, in order to estimate the well-grounded nature of the claim.
11.3. No change or cancellation of an Order may be performed after the Order’s placement.
11.4. In the event of filing of well-grounded claim, SKAPTO offers the following possibilities for resolution of the established problem and based upon own estimate shall replace the Product with a new one or with a discount voucher for the next Order.
XII. PERSONAL DATA PROTECTION
12.1. SKAPTO processes the personal data of Clients pursuant to the „Personal data protection policy“, published on the webpage www.skapto.bg and available in the Company’s commercial sites.
12.2. SKAPTO stores data required for payment and preparation of Client’s bills after a placed Order and performed delivery within the terms specified in currently effective legislation.
XIII. OTHER PROVISIONS
13.1. All disputes arising from or in connection with these General Terms and Conditions shall be resolved by way of mutual agreement between SKAPTO and the Client, and in the event of failure for reaching agreements – by the competent Bulgarian court of law.
13.2. All matters unresolved in these General Terms and Conditions shall be subject to the provisions of the currently effective legislation in Republic of Bulgaria.
13.3. All intellectual property rights, such as trademarks and copyrights over materials, photographs, logos, images, etc., published on the Website, shall remain the property of SKAPTO. Any use of the application or its content, including copying or storing of said content in whole or in part, save for personal, noncommercial on part of the Client is prohibited. The offenders are subject to sanctions in line with the provisions specified in the Copyright and Related Rights Protection Act and the Trademarks and Geographical Indications Act.
13.4. SKAPTO reserves the right to temporarily or permanently cease the provision of part and/or any and all Services, accessible via the Website.
13.5. SKAPTO has the right to cancel and remove/delete entirely a Client’s registration in the event:
- The Client provides false or incomplete information;
- SKAPTO has doubts regarding abuse, misconduct, or breach of these General Terms and Conditions on part of a Client;
- The Client fails to appear in order to receive a ready Order in the commercial site selected on his/her part, provides a false delivery address and/or expresses unwarranted rejection for receiving delivery of Skapto Products order on his/her part;
- Circumstances of force majeure arise or based upon other objective reasons, including, but not only limited to the presence of an order of the competent state authorities for cessation of the provision of part or all of the Services, accessible via the Website/Mobile Application;
- SKAPTO terminates the upkeep/maintenance of the Website.
13.6. The Client has the right at any time, based upon own estimate, to terminate the use of the Services provided on part of SKAPTO, by deactivating his/her Profile.
13.7. The electronic notifications envisaged in these General Terms and Conditions shall be deemed validly served if executed in the form of e-mail, pressing of virtual button on the Website/Mobile Application, etc., as far as the statement is recorded technically in a manner providing the possibility for its reproduction.
These General Terms and Conditions were adopted by the Manager of SKAPTO and are in full force and effect as of 21.09.2018. These General Terms and Conditions were last updated on 21.09.2018. In the event of any amendment and/or supplementation to these General Terms and Conditions, SKAPTO shall update the published General Terms and Conditions, which shall become obligatory for the Clients of SKAPTO, as of the time of publication of the respective update on the Website.