GENERAL TERMS AND CONDITIONS FOR THE USE OF WEB-SITE SERVICES AND MOBILE APPLICATIONS www.theburgerfaktory.com
This document contains the Terms of Service for the use of the services provided by Texas Gourmet OOD through the http://theburgerfaktory.com/ (the "Terms of Service") and governs the relationship between Texas Gourmet and any of the users of the Affordable via the www.theburgerfaktory.com services website.
In the interpretation and application of these Terms and Conditions, the terms and expressions used will have the following meanings:
1.1. "Texas Gourmet" Ltd. is a limited liability company, UIC BG204478932 with headquarters and address of management BULGARIA, Sofia (capital), Stolichna municipality
Sofia 1000, 144 Vasil Levski Blvd., Ivan Ivanov Nikolov Mall, e-mail: www.theburgerfaktory.com, which provides the services subject to the present General Terms and Conditions, through the portal which it administers: www. creativo.bg; registered under the Value Added Tax Act with VAT number: BG204478932.
1.2 www.theburgerfaktory.com (http://theburgerfaktory.com/) is a website (portal) - a virtual store through which USERS are provided with services described in these Terms and Conditions.
1.3. "USER" is any person who uses any of the services provided through the www.theburgerfaktory.com website.
1.4. "User Profile" is a separate part of www.theburgerfaktory.com containing user information provided by him at the time of his registration and stored by "Texas Gourmet" OOD, accessing the profile by entering a username and password. The account allows the user to view and edit the data entered during the registration, access their personal profile, change their access password, subscribe, respectively unsubscribe, receive a newsletter, etc.
1.5. A "username" is a user-selected unique code of letters and / or digits by which he is individualized in Texas Gourmet OOD.
1.6. A "password" is a user-selected code of letters and / or digits, which together with the user name individualizes the same.
1.7. "Server" is a device or a system of connected devices that either has a system software installed to perform tasks related to storing, processing, receiving, or transmitting information.
1.8. "Website" is the distinct place on the global Internet network accessible through its HTTP or HTTPS unified URL, containing files, programs, text, sound, picture, image, electronic references or other materials and resources.
1.9. "Accidental event" is unforeseen at the time of conclusion of the contract, a circumstance of extraordinary nature, which renders its implementation objectively impossible.
1.10. „Търговски съобщения” са рекламни или други съобщения, представящи пряко или косвено стоките, услугите или репутацията на лице, извършващо търговска или занаятчийска дейност или упражняващо регулирана професия.
II. SUBJECT OF THE CONTRACT
2.1. Texas Gourmet Ltd. through the www.theburgerfaktory.com Web site provides on-line to the USER the services provided in these General Terms and Conditions ("the Services"), subject to strict compliance by the latter with the requirements set forth in these General Terms and Conditions.
2.2. Part of the Website Services www.theburgerfaktory.com is provided to all USERS without the need for pre-registration. Such are, but are not limited to: accessing and using, subject to the terms of these Terms of Service, information resources, viewing photos, viewing an assortment menu available through the www.theburgerfaktory.com Website - funny publications, and other content posted on the www.theburgerfaktory.com website; search services related to access to and automated search for data structured according to different predefined criteria or keywords specified by the USER;
2.3. Use of part of the Services on the www.theburgerfaktory.com Website is only possible after pre-registration, creating a USER Profile and entering your username and password. These include, but are not limited to: the "Purchase Orders" Service and "Placement Orders" consisting in the provision of courier services and delivery at an address as well as the order of goods to be taken personally by the customer a place from any of Texas Gourmet OOD's establishments.
III. FIELD OF APPLICATION. AGREEMENT WITH THE GENERAL CONDITIONS
3.1. These Terms and Conditions apply to the USERS who have registered with the www.theburgerfaktory.com ("registered USERS") Web site. These Terms and Conditions apply accordingly to the USERS who have not registered with the www.theburgerfaktory.com website ("unregistered USERS") and their rights are limited to the use of the services described in 2.2.
3.2. The text of these Terms and Conditions is available on the Internet at www.theburgerfaktory.com in a way that allows it to be stored and reproduced. 3.3. In order to be able to use the services under item 2.3. of these Terms and Conditions, the USER must register in advance by filling in the online registration form available on-line on www.theburgerfaktory.com
3.3.1 In the process of registration, by marking in the box "I agree with the Texas Gourmet Terms and Conditions and pressing the virtual button" Registration ", the USER expressly makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms and Conditions, accepts them, agrees with them and undertakes to observe them.
3.3.2 In the event of failure to provide the required data in the registration form, Texas Gourmet Ltd has the right to refuse the registration.
3.3.3 In the event of false data being provided or non-response to changes within the time limit, Texas Gourmet Ltd shall have the right to terminate or suspend immediately and without prior notice the provision of the Services and the maintenance of 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. Upon registration, the USER specifies a username and password. If the user name is no longer in use, the USER receives the username and password that he / she has requested. Through them, the USER will gain access to his / her Profile, as well as the opportunity to use the Services under item 2.3.
4.2. The username is a unique code of letters, numbers and characters through which the USER is individualized when using the Services under item 2.3. "Texas Gourmet" Ltd. does not check and is not responsible for the match of the username with the USER's name, whether it affects the rights of third parties and, in particular, the right to name or other personal rights, the right to a trade name trademark or other intellectual property rights.
4.3. The password is a code of letters, numbers, and characters, which together with the username serves to access a particular profile.
4.4. The USER is obliged not to disclose the password to third parties and to immediately notify Texas Gourmet OOD in case of unauthorized access, as well as in the event of unauthorized access. The USER is required to take all care and to take the necessary measures that are reasonably practicable in order to protect his / her password and bears full responsibility for all actions performed by him or by a third party by using them.
V. CONCLUSION OF THE CONTRACT
5.1. The agreement between the parties shall take effect from the moment of agreement reached in the manner referred to in paragraph 3.2 or 3.3.1.
5.2. The contract is concluded in the Bulgarian language.
5.3. The contract has effect: a) For 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 order provided in the present General Terms and Conditions.
VI. INTERVENTIONS WITH THIRD COUNTRIES
6.1. If necessary and at will, Texas Gourmet OOD may request services from other legal or natural persons for whom Texas Gourmet Services Ltd can provide personal data to users according to the needs of the business. By accepting these terms, users consent to the provision of the necessary information to third parties and release "Texas Gourmet" Ltd from responsibility for the actions of the same third parties.
VII. RIGHTS AND OBLIGATIONS OF THE CONSUMER
7.1. The USER alone provides the necessary for the use of the provided by
"Texas Gourmet" OOD Customer Service Equipment (Terminal Devices for Internet Access and Related Software Applications) and Internet Access.
7.2. The USER has the right to access on-line the Services provided through www.theburgerfaktory.com, subject to the conditions and access requirements set by Texas Gourmet Ltd
7.3. THE USER may at any time at his sole discretion terminate the use of the services provided by Texas Gourmet OOD. Services by deactivating the provision of their User Profile or terminating their registration on the www.theburgerfaktory.com Website, respectively, discontinuing the use of the point 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 deemed to be automatically terminated and Texas Gourmet Ltd. suspends the respective USER's access to its User profile and has the right to stop access to and delete from its servers all of its User Content in accordance with item. 14.2. of these Terms and Conditions. Deactivating the provision of certain Services does not result in termination of the contract.
VIII. RIGHTS AND OBLIGATIONS OF "Texas Gourmet" OOD
8.1 "Texas Gourmet" Ltd undertakes to take due care to enable the USER to make normal use of the Services.
8.2. "Texas Gourmet" Ltd has the right to send commercial messages to the USERS, including through the "Electronic Mailbox" service, in order to offer information and advertisements about its goods and / or services, to inquire about various questions, to conduct surveys and other. By accepting these Terms and Conditions, the USER agrees to receive commercial communications from Texas Gourmet OOD.
8.3. "Texas Gourmet" Ltd reserves the right to temporarily or permanently discontinue the provision of specific Services available through the www.theburgerfaktory.com Website by informing the USER of a message on the website.
IX. INTELLECTUAL PROPERTY
9.1. When using the Services subject to these Terms and Conditions, the USER has access to a variety of content and resources that are subject to copyright or other intellectual property rights of Texas Gourmet OOD. The USER has access to the contents for personal use in accordance with these General Terms and Conditions and is not entitled to use, record, store, reproduce, modify, adapt or publicly distribute intellectual property objects that have become available to him / her during the use of the Services
. Notwithstanding the foregoing, the USER is not entitled to remove the trademark and other trademark rights of any other intellectual property right from its available materials, whether the holder of the respective rights is Texas Gourmet or any other USER
X. RESPONSIBILITY. LIMITATION OF LIABILITY
10.1. "Texas Gourmet" Ltd. is not responsible for failing to provide services in circumstances beyond its control - in cases of force majeure, incidental events, problems in the global Internet network and in the provision of services beyond the control of Texas Gourmet OOD, due to the equipment of the USER, as well as in case of unauthorized access or intervention of third parties in the functioning of the information system or servers of Texas Gourmet OOD
10.2. By accepting these Terms and Conditions, the USER declares that they are aware of the possibility of any interruptions and other difficulties in the implementation of the Internet connection to the www.theburgerfaktory.com website, which may arise regardless of the care taken by Texas Gourmet. USER declares that he will not claim any compensation from Texas Gourmet OOD for lost profits, damage or inconvenience resulting from the above interruptions or difficulties of the Internet connection, including the capacity of this connection .
XI. RIGHTS OF "Texas Gourmet" OOD IN CASE OF NON-PERFORMANCE OF USERS 'OBLIGATIONS
11.1. Texas Gourmet Ltd has the right, without prior notice, to deactivate the password for access to the USER's profile if, at the discretion of Texas Gourmet OOD, the USER violates the present Terms and Conditions. In these cases, Texas Gourmet Ltd has the right to terminate the USER's registration, to discontinue the provision of the USER of the Services under item 2.3. The agreement with the USER is deemed to be automatically terminated from the date of termination of the registration.
XII. TERMINATION AND DEPARTURE OF THE CONTRACT
12.1. Except as provided in these General Terms and Conditions, the contract between the parties shall be terminated also in the event of any of the following circumstances:
a / suspending the activity of Texas Gourmet OOD or terminating the maintenance of the www.theburgerfaktory.com Website;
b) mutual consent of the parties for the termination;
c / other cases provided by law.
ХІІІ. OTHER TERMS
13.1. The parties agree that if any of the clauses in these Terms and Conditions are invalid, this will not result in the invalidity of the contract, other clauses or parts thereof. The invalid clause will be replaced by the mandatory rules of the law or established practice.
13.2. All provisions not governed by this Agreement shall be governed by the provisions of the applicable legislation of the Republic of Bulgaria.
13.3. All disputes between the parties are resolved in a spirit of understanding and goodwill. In the event that consent is not reached, any unresolved disputes arising out of, or relating to, the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or its adaptation to new circumstances, will be settled by the court competent in the Bulgarian law in Sofia.
These Terms and Conditions have been approved by the Governor of Texas Gourmet OOD on April 17, 2018 and enter into force on April 17, 2018