GENERAL TERMS AND CONDITIONS FOR USE OF THE SERVICES PROVIDED BY THE MERCHANT
I. GENERAL CONDITIONS
1. This document contains General Terms and Conditions under which the MERCHANT provides services to users / customers through the online store www.take-a-cake.eu/en/. These terms are binding to all users. By clicking the "Order" button the user / customer fully accepts and agrees to comply with these General Terms and Conditions.
2. Identification of the user / customer with the purpose of reproduction of their statement of acceptance of the General Terms and Conditions, as well as for their order is done through the stored log - files on the server of www.take-a-cake.eu, storage of the IP address of the user / customer, as well as and any other information.
3. The products, available on the website of www.take-a-cake.eu, do not constitute a legally binding offer, but rather an illustrative online catalog, describing the product line of the merchant.
4. Upon clicking on the "Order" button, the users agree to buy the goods, which are in the shopping cart. This action is legally binding. The customer receives an order confirmation and upon receiving this confirmation the contract is considered concluded.
5. THE MERCHANT retains the right to decline the delivery of a confirmed order in the event that the goods are not available. Upon non-availability of the ordered goods the MERCHANT informs the user / customer about it within the workday by sending a message to the e-mail address or the phone number, specified by the Customer. If a transfer is made to the bank account of the merchant, the customer can choose between a refund, cancellation of the order or a replacement order.
6. The contractual language is Bulgarian, and payments will be made in Bulgarian leva with VAT included in the price.
7. The merchant bears the entire risk of damage to the goods during delivery. Immediately after delivery of the goods to the user / customer, the MERCHANT is exempt from the risk, which shifts to the user /customer. The MERCHANT holds no responsibility for delays in the case that the delay is within one hour of the chosen time interval.
8. Upon delivery, the goods should be carefully inspected by the user / customer or an authorized person. Possible damages should be reported immediately to the MERCHANT. In case damage is detected, that results from the transportation of the goods, the MERCHANT is liable and the customer would be able to choose between a refund, cancellation of the order or a replacement order. If the user / customer has submitted an incorrect or wrong address, contact person and / or telephone number when making the order, the MERCHANT is not bound by any obligation to make the delivery. In the case of submitting a wrong address, the user / customer is due to the costs of delivery to the correct address.
9. Upon delivery of the goods the user / customer or a third person sign the accompanying documents. A third person is anyone who is not the holder of the submitted order, but accepts the goods upon delivery and is at the address, submitted by the customer.
Upon refusal of receiving the goods, except in the cases described below, the refusal is considered unjustified and the customer is due to the costs of delivery and has to return the goods. If the customer is not found at the submitted address within the delivery time period or no access and conditions are provided for making the delivery of the goods within that period, the MERCHANT is released from the obligation to deliver the goods from the submitted order.
10. If the delivered goods do not correspond to the goods from the order, submitted by the Customer, and this can be determined by mere inspection, the Customer can request replacement of the delivered goods with the corresponding goods from the submitted order within 24 hours of receipting the delivery.
III. STORAGE CONDITIONS
11. On each box that is delivered THE MERCHANT puts labels with a list of the used raw materials, instructions how to store the goods, an expiry date and any other information required by the regulations in force in the country.
12. The prices on the website include VAT.
V. RIGHTS AND OBLIGATIONS OF THE USER / CUSTOMER
13. The user / customer can view and order the goods showcased in the internet shore www.take-a-cake.eu.
14. The user / customer has the right to request information about the status of their order.
15. The user / customer holds full responsibility for the protection of their username and password and for all the actions performed by them or by a third party using their username and password. The user shall immediately notify the MERCHANT of any case of unauthorized access using their username and password, and whenever there is a risk of such use.
16. The user is obliged to pay the price of their order as announced on the page / www.take-a-cake.eu/.
17. Any user, whether or not a customer of the MERCHANT, agrees upon the use of the services:
• not to infringe material or immaterial, absolute or relative rights and interests, property rights, intellectual property, etc..;
• to comply with the Bulgarian legislation, applicable foreign laws, rules of morality and decency, and the internet etiquette, when using the services provided by Take a Cake Ltd.;
• immediately notify the MERCHANT in case of a violation committed or detected, using the provided services;
•not to perform malicious actions.
18. The Customer agrees to submit accurate and valid phone, delivery address and email address, to pay the price of the goods, to pay for delivery and to provide access and conditions for receiving the goods. If not expressly stated that delivery is free, it is for a consideration.
VI. RIGHTS AND OBLIGATIONS OF THE MERCHANT
19. The MERCHANT has no obligation and objective ability to control the way people use the provided services.
20. The MERCHANT has the right but not the obligation to retain information and materials located on the server www.take-a-cake.eu.
21. The MERCHANT may, at any time, without notice to the User / Customer, when the latter uses the Services in violation of these Terms and Conditions, as well as at the MERCHANT’s own discretion, to terminate, suspend or change the services provided in connection with the use of the website. The MERCHANT shall not be liable to users or third parties for damages and lost profits, as a result of discontinuation, suspension, modification or limitation of service, deletion, modification, loss, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded or made available through www.take-a-cake.eu.
22. The MERCHANT agrees upon receipt of payment to transfer to the user / customer the ownership of the ordered goods and deliver the purchased goods in good order and condition.
23. The MERCHANT is not responsible for damages caused to the software, hardware or telecommunications equipment or loss of data, arising from materials or resources searched, downloaded or used in any way in connection to the provided the services. Advice, consultation or assistance provided by the specialists and officers of the MERCHANT in connection to the use of the services by the users, does not give rise to any responsibility or liability for the MERCHANT.
24. The MERCHANT may collect and use information relating to its users / customers, whether or not they are registered.
25. The information under the preceding article may be used by the MERCHANT, unless the user sent their express disapproval to the following e-mail address firstname.lastname@example.org. The MERCHANT collects and uses the information to improve its services. All purposes for which the MERCHANT will use the information will comply with the Bulgarian legislation, relevant international regulations and good morals.
26. The MERCHANT holds no responsibility for its obligations under this contract upon occurrence of circumstances that the MERCHANT has not foreseen and was not required to foresee incl. accidental events, problems in the global network of the Internet and the provision of services beyond the MERCHANT'S control.
27. The MERCHANT has the right to install on users' devices cookies (cookies). Cookies are text files that are stored by the website on the user's device and allow recovery of information about the user, as they allow identifying and tracking the user, their visited web pages, hyperlinks, used information and other records.
VII. PERSONAL DATA
28. The MERCHANT ensures its users / customers confidentiality of their submitted information and personal data. The latter will not be used, supplied or brought to the knowledge of third parties except in the cases and under the conditions set out in these Terms and Conditions. The MERCHANT protects the personal data of the user / customer which became known upon filling the electronic form for placing an order, and this obligation shall cease in the event that the Customer has provided false information. Subject to applicable law and the provisions of these Terms and Conditions, the MERCHANT may use the Customer's personal data only for the purposes stipulated in the contract. Any other purposes for which the data is used will be in accordance with Bulgarian law and the relevant international regulations, Internet ethics, rules of morality and decency.
29. The MERCHANT agrees not to disclose any personal customer data to third parties - government bodies, companies, individuals and others, unless the express written consent of the Customer is received, the information is required by the government bodies or officials authorized under current legislation to require and collect such information. The MERCHANT is required by law to provide the information.
30. The Terms and Conditions may be changed at any time by the MERCHANT which has the right to modify the characteristics of the provided services and these Terms and Conditions on the basis of changes in legislation. The MERCHANT agrees to notify the User of any changes in these Terms and Conditions by publishing them on a noticeable spot of its website and giving the user sufficient time to become familiar with them. During this period, if the user doesn’t declare that they reject the changes, it is considered bound by them. In case the user at that time stated they disagree with the changes, the MERCHANT is required to immediately suspend or terminate the provision of services to the User.
31. "User / Customer" means anyone who has visited the website www.take-a-cake.eu on their computer or other device.
32. "Order" means selected goods and all other attributes associated with the method of delivery and payment of goods by the customer / user.
33. The Internet store www.take-a-cake.eu is owned by the MERCHANT.
34. All disputes between the parties are resolved in a spirit of amity and goodwill. If no agreement is reached, all outstanding disputes, including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adaptation to newly arisen circumstances, shall be resolved by competent the court of registration of the MERCHANT in compliance with the Bulgarian legislation.