This document contains the General Terms and Conditions of the contract for the use of the services provided by Cherry-Mary EOOD through an online ordering website www.cherrybymary.com (the General Terms and Conditions) and regulates the relations between Cherry-Mary EOOD and each by users of the website www.cherrybymary.com.
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 Cherry-EOOD (hereinafter referred to as Cherry-Mary EOOD) is a trade company with UIC: 203819640, with registered office and address of management: Varna, 43 Cherno More Str. and address for correspondence: Varna, 213 Osmi Primorski Polk Blvd., tel .: (+359) 0883711168, e-mail: firstname.lastname@example.org, which provides the services subject to these General Terms and Conditions through the administered from his website: http://cherrybymary.com.
1.3. cherrybymary.com/The website cherrybymary.com is a website through which USERS are given the opportunity to purchase and deliver food to an address specified by them.
1.4. "Electronic link" is a link marked on a specific Internet page, which allows automated 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 resources with foreign rights and passwords, use of deficiencies in systems for their own benefit or information retrieval (HACK), carrying out actions that may qualify as industrial espionage or sabotage, damage or destruction of systems or information files ( CRACK), sending "Trojan horses" or inducing the installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, and performing any action that may qualify as a crime or administrative violation under Bulgarian law or other applicable law.
1.6. A "website" is a part of a website, which can be composite or separate.
1.7. "Information system" means a device or system of connected devices which or any of which is intended to store, send or receive electronic documents.
1.8. "USER" is any person over the age of 18 who uses any of the services and resources provided through the cherrybymary call center and the cherrybymary.com website.
1.9. "User profile" is a separate part of cherrybymary.com, containing information about the user, provided by him during registration and stored by cherrybymary.com, and access to the user profile is carried out by entering a username and password. The profile allows the user to view and edit the data entered during registration, to have access to their personal mailbox, to change their access password, to subscribe, respectively to unsubscribe, to receive a newsletter and more.
1.10. "Username" is a unique code of letters and / or numbers chosen by the user, by means of which he is individualized in cherrybymary.com
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" means any data, information, text, opinions and comments that the USER has on cherrybymary.com in order to make them available through the Cherrybymary.com Website to all other USERS.
1.13. "Server" means 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 goods, services or reputation of a person engaged in a trade or craft business or in a regulated profession.
II. SUBJECT OF THE CONTRACT
2.1. "Cherry-Mary" EOOD, through the Website cherrybymary.com provides on-line to the USER the services provided in these General Terms and Conditions ("Services"), in strict compliance by the latter on the basis of the requirements set out in these General Terms and Conditions.
2.3. The use of part of the Services of the Cherrybymary.com Website is possible only after preliminary registration, creation of a User profile of the USER and entering the username and password.
III. APPLICABLE FIELD. AGREEMENT WITH THE GENERAL TERMS
3.1. These General Terms and Conditions apply to the relations with the USERS who have registered on the Cherrybymary.com Website (the "registered USERS"). These General Terms and Conditions apply accordingly to the relations with the USERS who have not registered on the website cherrybymary.com ("unregistered USERS"), as their rights are limited to the use of the services described in item 2.2.
3.2. The text of these General Terms and Conditions is available on the Internet at http://cherrybymary.com 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 cherrybymary.com Website. With each use of the services and resources of the Cherrybymary.com Website, including the opening of a website on the dcherrybymary.com Website, as well as by clicking on an electronic link from the title (home) or any other website of the cherrybymary.com Website , 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://cherrybymary.com.
3.3.1 In the process of registration, by checking in the field "I agree with the General Terms of cherrybymary.com 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 cherrybymary.com. 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 cherrybymary.com, 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 the latter changes.
3.3.3 In case of failure to provide the personal data required in the registration form, cherrybymary.com has the right to refuse registration.
3.3.4 In case of providing incorrect data or failure to reflect the changes, cherrybymary.com 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. cherrybymary.com does not check and is not responsible for the coincidence of the username with the name of the USER, 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 notify cherrybymary.com immediately 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 presented enters a separate part of the Website cherrybymary.com, containing information about the registered USER, provided during the registration process and stored on a server of cherrybymary.com. Through his user profile the USER can use, configure, activate or deactivate the use of various services under item 2.3. cherrybymary.com, to manage the user content located by him on the server of cherrybymary.com, to update the data provided during his registration, to change his password and the secret question and answer, to terminate his registration in cherrybymary.com and others.
4.7. Each USER can have only one active user profile. It is forbidden to register under a fictitious name or under another's name (under another's identity). cherrybymary.com 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 accordance with the procedure provided in these General Terms.
VI. CHANGES IN THE GENERAL TERMS AND CONDITIONS
6.1. In view of the periodic addition 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 Cherry by Mary. This change may also be made in case of change in the type, nature or technology of the provided Services, in case of termination of the provision of certain Services, as well as in case of change in the economic conditions.
6.2. When making changes to the General Terms, Cherry by Mary brings them to the notice of USERS by publishing them on the Website cherrybymary.com. Cherry by Mary gives USERS a two-week period to familiarize themselves with the changes to the General Terms and Conditions, after which they take effect.
6.3. These General Terms and Conditions, as well as future amendments thereto, shall also apply to existing registered USERS as of the date of their entry into force. Within the term under item 6.2. they have the opportunity to state by sending a message to Cherry by Mary that they reject the changes. In the event that a statement rejecting the changes is not received by Cherry by Mary, it is considered that the USER is bound by them. The statement by a registered USER that he does not agree with the changes in the General Terms and Conditions will automatically terminate the contract between the USER and Cherry by Mary for the use of services provided through the website cherrybymary.com, where Cherry by Mary has the right to immediately stop the access of the respective USER to his user profile, terminate his registration and delete from his servers all the User content located by him.
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 Cherry-Mary EOOD.
7.2. The USER has the right to access on-line the Services provided through the Cherrybymary.com Website, subject to the conditions and requirements for access set by HAPPY.
7.4. The USER undertakes when using the services provided by Cherry by Mary not to load, have on a server of Cherry by Mary 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 bodily integrity of man;
c. with pornographic or sexually explicit content;
e. containing clearly distinguishable bodies of victims of accidents and other serious incidents;
f. insulting a religion or containing religious agitation;
g. representing a trade or official secret or other confidential information;
with. which are subject to an intellectual property right of third parties, except with the consent of the right holder;
i. infringing any property or non-property rights or legitimate interests of third parties;
j. promoting discrimination based on sex, race, education, age or religion or preaching a fascist, racist or other undemocratic ideology;
k. damaging the good name of another and calling for a forcible change of the constitutional order, a crime, violence against the person or to incite racial, national, ethnic or religious hatred;
l. containing information inciting or facilitating the commission of terrorist activity;
m. 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 is obliged when using the services provided by "Cherry-Mary" Ltd.:
a. not to perform malicious actions within the meaning of these General Terms and Conditions;
b. to immediately notify Cherry by Mary of any infringement or discovery of the use of the services provided;
c. not to present himself as another person;
e. not to use methods leading to forced loading of content unwanted by Internet users ("pop-up", "blind link" and the like).
7.6. The USER has the right at any time at its own discretion to terminate the use of the Services provided by "Cherry-Mary" Ltd. by deactivating their provision by his User profile or other specified website or terminate his registration on the Website cherrybymary.com, respectively terminate the use of the Services under 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 "Cherry-Mary" EOOD 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 by it in accordance 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 Cherrybymary.com Website, including User Content, only for personal non-commercial use 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 cherrybymary.com by intercepting and using foreign passwords or any other methods, not to circumvent, damage or otherwise disrupt the normal operation of technical or software applications on the cherrybymary.com Website that prevent or restrict access to foreign electronic mailboxes, administrative panels, computer systems and networks related to the services provided.
VIII. RIGHTS AND OBLIGATIONS OF "Cherry-Mary" Ltd.
8.1. "Cherry-Mary" Ltd. undertakes to take due care to provide the USER with the opportunity for normal use of the Services.
Policy for accepting and satisfying claims of Cherry by Mary DELIVERY
We, Cherry by Mary, promise to be at your door with your order within the deadline announced when you placed your order.
WE, "Cherry-Mary" Ltd. are committed to confirm the date and time of delivery of your order.
8.1.1. Terms of delivery by cities
• Varna - delivery for each order within the city BGN 5, delivery price BGN 7, for the following areas: Galata, Asparuhovo, Golden Sands, etc.
8.1.2. The minimum value of an order
The minimum value of an order is BGN 10,
8.1.4. "Cherry-Mary" Ltd. guarantees the taste characteristics and nutritional qualities of the delivered products under your order within 72 (seventy-two) hours from the date of the order. In view of this, Cherry-Mary Ltd. recommends that you consume the products delivered to you within the above period. After this period "Cherry-Mary" Ltd. is not responsible for the taste and nutritional qualities of the delivered products.
8.1.5. If you find a discrepancy between your order and the delivered products in terms of quantity and quality, you have the right to file a complaint under the Consumer Protection Act. For your complaint you need to notify us within 60 minutes from the time of delivery of your order, and the notification is considered submitted by email to email@example.com. If your notification of a complaint is made after this period, Cherry-Mary EOOD is not obliged to follow the policy for accepting complaints.
Calls to telephone 0883711168 are charged at the price of one 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.
8.1.8. Time guarantees do not apply to all orders. Orders over 10 items require more preparation time and therefore require an extension delivery time. Each customer will be promptly informed of the delivery time while placing their order or subsequently.
8.1.9. This Policy for acceptance and satisfaction of complaints does not apply in case of force majeure, including the occurrence of reasons related to adverse weather conditions.
8.2. "Cherry-Mary" Ltd. 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 the type and nature of User Content. "Cherry-Mary" Ltd. 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 activities by the USER through the use of the Services.
8.3. In accordance with the requirements of the current Bulgarian legislation, Cherry-Mary EOOD stores information materials and resources located by the USER on a server of cherrybymary.com, and has the right to provide them to the competent state authorities in cases where this is necessary to preserve the rights. , the legitimate interests and security of Cherry-Mary EOOD or of third parties, as well as in the cases when the same are required by the respective state bodies in due order.
8.4. In case of non-use of the User profile of the USER within 60 days after registration or 120 days from its last use, "Cherry-Mary" Ltd. has the right to suspend without notice the access of the USER to his User profile, to terminate his registration. and delete from its servers 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. Cherry-Mary EOOD has the right to place on each of the pages of the Website cherrybymary.com, including in the User profiles, electronic links, advertising banners and other advertising forms for goods and services offered by Chery-Mary EOOD or third parties , as well as electronic links and advertising banners pointing to websites outside the control of Cherry-Mary EOOD. "Cherry-Mary" Ltd. is not responsible for the content, accuracy and legality of such Internet pages or resources and services or resources that have become available to the USER when using the services of the Website cherrybymary.com
8.6. "Cherry-Mary" Ltd. has the right to send commercial messages to USERS in order to offer information and advertisements about their own or offered by other companies goods and / or services, to make inquiries on various issues, to conduct surveys and others. By accepting these General Terms and Conditions, the USER agrees to receive commercial communications from Cherry-Mary EOOD.
8.8. "Cherry-Mary" Ltd. has the right, but not the obligation, at its discretion and without notice to suspend access to and / or remove User Content, when it contradicts the requirements set forth in these General Terms.
8.9. "Cherry-Mary" Ltd. has no obligation to suspend access to and / or remove User Content posted on the Website cherrybymary.com at the request of the USER who posted it.
8.10. "Cherry-Mary" EOOD has the right at its discretion and without notice to temporarily suspend or 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 its discretion of "Cherry-Mary" Ltd. or according to information received from third parties, the USER uses the Services in violation of Bulgarian law, these Terms, good manners or other applicable rules.
8.11. "Cherry-Mary" Ltd. reserves the right to temporarily or permanently suspend the provision of specific Services available through the Website cherrybymary.com, 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 Cherrybymary.com Website, the USER grants Cherry-Mary Ltd. 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 way that allows this access to be exercised from a place and at a 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 server of "Cherry-Mary" EOOD, 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 Cherry-Mary EOOD, other USERS or the respective persons. 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, reproduce, modify, adapt or publicly distribute intellectual property objects that have become available to him when using the Services. , except in the case of insignificant information intended for personal use, provided that the legitimate interests of the authors or other holders of intellectual property rights are not unduly prejudiced if the copying or reproduction is carried out for non-commercial purposes, as well as in case the respective content has been 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 marks for trademark and other intellectual property rights from the materials available to him, regardless of whether the holder of the respective rights is "Cherry-Mary" EOOD or another USER.
9.4. Intellectual property rights over all intellectual property objects - materials, databases and other resources located on the Website, outside the User Content, located by the USERS of the Cherrybymary.com Website, are subject to protection under the Copyright and Related Rights Act and / or the Law on Trademarks and Geographical Indications, belong to "Cherry-Mary" EOOD or to the respective person, who has transferred the right to use "Cherry-Mary" EOOD 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 violated by another user, he should notify Cherry-Mary EOOD in writing to the address of management specified in these General Terms and Conditions or by letter sent to the e-mail address. mail indicated for contact with Cherry-Mary EOOD. The notification shall contain a precise identification of the material alleged to have been published in infringement of intellectual property rights, an indication of the person or persons whose intellectual property rights have been infringed and the grounds on which those persons became holders of the relevant intellectual property rights. rights, as well as address and telephone number for contact with the USER. Cherry by Mary 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. "Cherry-Mary" Ltd. takes care to provide 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. By accepting these General Terms, the USER declares that the use of the Services will be entirely at his risk and responsibility, and the parties agree that "Cherry-Mary" Ltd. is not responsible for any damage caused to the USER when using the Services.
10.3. "Cherry-Mary" Ltd. 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 services by third parties and / or by attaching them to the text of commercial communications sent to him at the e-mail address indicated by him at the time of his registration or generated at the time of his registration. Insofar as the actions of these third parties are not under the control of Cherry-Mary EOOD, it is not responsible for the illegal nature of the activities of third parties or for the emergence, guarantee, implementation, amendment and termination of obligations and commitments in connection with the goods and services offered by third parties, as well as is not liable for damages and lost profits resulting from these relations.
10.4. Cherry-Mary EOOD is not responsible for failure to provide services in the event of circumstances beyond its control - in cases of force majeure, accidental events, problems in the global Internet and in the provision of services outside the control of Cherry-Mary EOOD, problems due to the equipment of the USER, as well as in case of unauthorized access or intervention of third parties in the operation of the information system or servers of "Cherry-Mary" Ltd.
10.5. "Cherry-Mary" Ltd. is not responsible for damage caused to the software, hardware or equipment of the USER, or for loss of data arising from materials or resources sought, downloaded or used in any way through the Services provided.
10.6. "Cherry-Mary" Ltd. is not liable to the USER and third parties for damages and lost profits resulting from termination, stops no, modification or restriction of the provision of any of the Services provided for the use of the Services, deletion, return, non-receipt, modification, loss, inaccuracy, inaccuracy, or incompleteness of articles, messages, materials or information used, recorded or made available through the cherrybymary.com Website.
10.7. The parties agree that Cherry-Mary EOOD is not responsible for the non-provision of the Services or their provision of deteriorated quality as a result of tests performed by Cherry-Mary EOOD for the purpose of checking equipment, connections, networks and others, as and tests aimed at improving or optimizing the Services provided. In these cases "Cherry-Mary" Ltd. 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 cherrybymary.com, which may occur regardless of the care taken by "Cherry-Mary" Ltd. The USER declares that he will not claim any compensation from "Cherry-Mary" Ltd. for lost profits, damages or inconveniences due to the above interruptions or difficulties of the Internet connection, including the capacity of this connection.
10.9. Chery-Mary EOOD 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 Chery-Mary EOOD, regardless of whether or not he has given consent.
XI. HAPPY RIGHTS IN CASE OF FAILURE OF CONSUMER OBLIGATIONS
11.1. Cherry-Mary EOOD 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 Cherry-Mary EOOD, violates the provisions of the current Bulgarian legislation, of these General Terms and Conditions or the rights and legitimate interests of third parties, as well as at any time and without prior notice to suspend access to any content located on the Website cherrybymary.com by the USER, for which it deems or receives information from third parties that it contradicts of the current Bulgarian legislation, of these General Terms and Conditions or of their or foreign rights and legitimate interests, including intellectual property rights, until the resolution of such a dispute by an act of a competent state body.
11.2. Upon receipt of an order from the competent state authorities concerning User Content, Cherry-Mary EOOD 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. "Cherry-Mary" Ltd. has the right without notice to deactivate the password to access the user profile of the USER in the event that at the discretion of "Cherry-Mary" Ltd. the USER violates provisions of applicable Bulgarian law, these General Terms or the rights and legitimate interests to third parties. In these cases "Cherry-Mary" Ltd. 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 receiving information that gives sufficient grounds to assume that the behavior of the USER in using the Services of the Website cherrybymary.com by the USER could constitute a crime or administrative violation, "Cherry-Mary" Ltd. has the right at its discretion to refer to the competent public 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 "Cherry-Mary" Ltd. is not liable for damages and lost profits of the USER or third parties arising from the suspension, modification or restriction of the Services, termination of the contract or provision of information or execution of orders of the competent authorities.
12.1. The USER is obliged to indemnify Cherry-Mary EOOD 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 filed by and / or paid compensations to third parties. in connection with materials that the USER has made available to third parties or has made available through the use of the Services provided by "Cherry-Mary" Ltd. in violation of Bulgarian law, applicable foreign laws, these General Terms and Conditions words or good manners, as well as in connection with other violations of its obligations under these General Terms and Conditions.
12.2. Apart from the above, the USER undertakes to indemnify Cherry-Mary EOOD 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 trustees of a minor are liable for all damages caused by the same to "Cherry-Mary" Ltd. and third parties in the registration and use of the Services - subject to these General Terms and Conditions, as well as for all damages due to indication of incorrect data or untruthfulness 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. Cherry-Mary EOOD has the right to collect and use information about USERS. The information by which the person can be identified may include name, surname, family name, date of birth, gender, location, e-mail, as well as any other information that the USER voluntarily enters, uses or provides when using the Services of Website cherrybymary.com. For the avoidance of any doubt, the User Content is not considered personal data and therefore is not subject to the protection provided in respect of the personal data of the USER under these General Terms.
13.2. Each registered USER through his username and password has the right to access on-line to his user profile, where he can correct and update his personal data stored by "Cherry-Mary" Ltd.
13.3. "Cherry-Mary" Ltd. takes due care and is responsible for protecting the information about the USER, which became known to him on the occasion of providing the Services subject to these General Terms, except in cases of force majeure, accident or malicious acts of third parties, as well as in cases where the USER has made this information available to third parties.
13.4. In the registration form filled in by the USER at the conclusion of the contract, "Cherry-Mary" Ltd. clearly indicates the mandatory or voluntary nature of the provision of data and the consequences of refusal to provide. By agreeing to these General Terms and Conditions, the USER agrees that the information about him be processed in the manner prescribed therein.
13.5. Cherry-Mary EOOD collects and uses the information under item 13.1 for the purposes provided in these General Terms and Conditions, including offering new services to consumers, offering goods and / or services offered by other persons, for promotions, organizing raffles , inquiries, for statistical and any other purposes, as by registering for use of the Services, the USER agrees to receive commercial messages sent by "Cherry-Mary" Ltd. The described purposes for which the information may be used are not exhaustively listed and do not give rise to obligations for Cherry-Mary EOOD.
13.6. By accepting these General Terms and Conditions, the USER agrees to the processing of his personal data for the purposes of direct marketing. The USER has the right to object to the processing of his personal data for the purposes of direct marketing by sending a written notice to "Cherry-Mary" Ltd. at the specified address or contact email. The USER has the right to be informed before his personal data is first disclosed to third parties or used on their behalf for the purposes of direct marketing by giving him the opportunity to object to such disclosure or use.
13.7. "Cherry-Mary" Ltd. undertakes not to edit or disclose any personal information about the USER or his use of the Services and not to provide the collected information to third parties - government agencies, companies, individuals and others, except when :
a / this is provided in these General Terms and Conditions or the USER has given his explicit consent during registration or at a later time;
b / this is necessary for fulfillment of a normatively established obligation of Cherry-Mary EOOD;
c / the information is requested by state bodies or officials, who according to the current legislation are authorized to request and collect such information in compliance with the legally established procedures;
d / the information regarding the personal data is provided to employees or subcontractors of “Cherry-Mary” EOOD for activities for administration of the same and the use of the Services;
e / other cases specified in the law.
13.8. When using the Website cherrybymary.com, "Cherry-Mary" Ltd. has the right to automatically save certain information that a computer or other end device of the USER sends to a server of "Cherry-Mary" Ltd. in connection with the activity of the USER. The information is stored in log files on the servers of Mary ”Ltd. and may include the IP address of the USER, date and time at which the respective page of the Cherrybymary.com Website was visited, the time spent on it, etc. In addition, "Cherry-Mary" Ltd. stores the IP address of the USER, as well as any other information necessary to identify the USER and reproduce his electronic statement under item 3.2., Respectively item 3.3.1 for acceptance of the General Terms, in the event of a legal dispute.
13.9. "Cherry-Mary" Ltd. has the right, but not the obligation, to install on a computer or other end device of the USER cookies - small text files that are saved from a website via an Internet server on the hard drive of the USER and allow to recover information about the USER, identifying him, as well as to track his actions.
XIV. TERMINATION AND TERMINATION OF THE CONTRACT
14.1. Except in the cases provided for in these General Terms and Conditions, the contract between the parties is terminated in the event of any of the following circumstances:
a / termination of the activity of Cherry-Mary EOOD or termination of the maintenance of the Cherrybymary.com Website;
b / mutual consent of the parties for the termination;
c / other cases provided by law.
14.2. In case of termination of the contract between the parties on any grounds, "Cherry-Mary" Ltd. 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 located by him User content, subject to the requirements of applicable law. In case of termination of the contract "Cherry-Mary" Ltd. is not liable for damages and lost profits by the USER or third parties arising from the suspension of access of the USER to his user profile, termination of registration, deletion of the USER User content from the servers of "Cherry-Mary" Ltd., as well as as a result of providing information or executing orders of the competent state authorities.
XV. OTHER TERMS
15.1. The written or electronic statements and communications provided for in the contract and these General Terms and Conditions shall be deemed validly made if they are made in the form of a letter with return receipt, facsimile, e-mail, pressing a virtual button on the cherrybymary.com Website and the like, insofar as the statement is technically recorded in a way that allows it to be reproduced.
15.2. By accepting these General Terms and Conditions and concluding a contract between them, the parties agree to consider the electronic statements made between them as received upon receipt in the information system specified by the addressee, without the need for explicit confirmation. When "Cherry-Mary" EOOD is the addressee of the statement, then the receipt of the statement in the information system indicated by the addressee is considered its receipt in the POP3 servers of "Cherry-Mary" EOOD. When the USER is the addressee of the statement, the receipt of the statement in the information system indicated by the addressee is considered to be its receipt in the e-mail box specified during its registration, located on a server within the domain addressing the box.
In case the USER has indicated an invalid e-mail box, the statement will be considered received only by sending it by Cherry-Mary EOOD, even if it has not been received.
15.3. The parties agree that in the event that any of the clauses of these General Terms and Conditions proves to be invalid, this will not invalidate the contract, other clauses or parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.
15.4. The cherrybymary.com website is maintained by Cherry-Mary EOOD through technical equipment located on the territory of the Republic of Bulgaria. Cherry-Mary EOOD does not guarantee and is not responsible for the availability and proper provision of the Services on the Cherrybymary.com Website outside the territory of the Republic of Bulgaria, as well as in particular the settlements where no delivery is made, only unpaid services may be used. In the event that the USER uses the Services subject to these General Terms and Conditions outside the territory of the Republic of Bulgaria, the USER is solely responsible for compliance with applicable law in accordance with the place of use of the Services.
15.5. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by this contract.
15.6. All disputes between the parties shall be settled in a spirit of understanding and good will. In the event that no agreement is reached, all 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, and disputes concerning the filling of gaps in a contract or its adaptation to new circumstances will be allowed by the court competent under the current Bulgarian legislation.