Website Terms of Use yachtsnesebar.com
Acceptance of the Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant. By accepting the General Terms and Conditions, the User agrees to the processing of their personal data on the basis of the contract concluded between them and the Merchant.
Definitions
For the purposes of these General Terms and Conditions, the terms listed below shall have the following meanings:
Website – yachtsnesebar.com and all of its subpages.
User – any natural person who purchases goods or uses services not intended for the purpose of carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside the scope of their commercial or professional activity.
General terms – these Terms and Conditions, which include terms of use, cookie policies, registration and delivery rules, voluntary dispute resolution, contract cancellation and exchange forms, and any other legally relevant information available on the Site.
Personal data – information about a natural person that reveals their physical, psychological, mental, family, economic, cultural, or social identity.
Service – any material or intellectual activity that is performed on an independent basis, is intended for another person, and does not primarily involve the transfer of ownership of property.
Service Agreement – a contract other than a sales contract under which the merchant provides or undertakes to provide a service to the consumer, and the consumer pays or undertakes to pay the price for it.
Alternative Dispute Resolution Procedure for Consumer Disputes – a procedure for the out-of-court resolution of consumer disputes that complies with the requirements of this Act and is carried out by an alternative dispute resolution body.
Services Provided
1. On the Website, Users may enter into contracts for the provision and delivery of the services offered by the Merchant.
Order
2. Users use the website interface to enter into contracts with the Merchant for the services offered.
2.1. The service agreement is deemed to have been concluded upon the Merchant’s confirmation of the order
2.2. If a particular service cannot be provided, the Merchant reserves the right to refuse the order.
2.3. After selecting one or more services offered on the Merchant’s website, the User must add them to their shopping cart.
2.4. When placing an order, the User receives an email confirmation that their order has been accepted.
The merchant has the right to refuse to enter into a contract with a dishonest consumer.
3.1. The Merchant has the right to treat a User as non-compliant in cases where:
there has been a breach of the Terms and Conditions by the User;
there has been an instance of inappropriate, arrogant, or rude behavior toward the Merchant’s representatives;
systematic abuse by the User against the Merchant has been established.
Prices
4. The prices of the services offered are those listed on the Merchant’s website at the time the order is placed, except in cases of obvious error.
4.1. Service prices include VAT in cases where it is applicable.
5. The merchant reserves the right to change the prices of the services offered on the website at any time and without notice; such changes will not affect orders that have already been placed.
6. The Merchant may offer discounts on the services available on the website in accordance with Bulgarian law and the Merchant’s rules. The rules applicable to such discounts are available where the discount is displayed. Discounts may be offered in various forms (e.g., promotions, loyalty discounts, granted individually, at random, or as a result of participation in a contest or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same service.
Payment
When the User returns a service and is entitled to a refund of the amount paid for any reason, the amount subject to refund is reduced by the value of any discount applied to the service, and only the amount actually paid is subject to refund.
The user may pay for the ordered services using any of the payment options listed on the website. The following payment methods are available on the Site:
bank transfer
with a credit or debit card (this payment method is currently unavailable, but will be available soon)
via PayPal (this payment method is currently unavailable, but will be available soon)
via the EasyPay payment system
If the User selects a payment method that involves a third-party payment service provider, the User may be subject to the terms and conditions and/or fees of such third party.
The Merchant shall not be liable if a payment method involving a third-party payment service provider is unavailable or otherwise fails to function for reasons not attributable to the Merchant.
Cancellation of the Contract and Replacement
The Consumer has the right to withdraw from the contract without giving any reason and without being liable for compensation or a penalty within 14 days from the date the service contract was concluded by the Consumer.
To exercise their right under this clause, the User must unequivocally notify the Merchant of their decision to withdraw from the contract, specifying the goods/services they wish to return by providing all details regarding the order and delivery, including, but not limited to: the contents and value of the order, details of the person who placed the order, etc.
The merchant has posted a form on its website for exercising the right to cancel the contract.
To exercise the right of withdrawal, the Merchant provides the consumer with the option to complete and submit electronically via the website the standard withdrawal form or another unambiguous statement. In such cases, the Merchant shall immediately send the consumer a confirmation of receipt of the withdrawal on a durable medium.
If the Merchant has incurred expenses in connection with the performance of the contract and the Consumer withdraws from the contract, the Merchant has the right to retain the corresponding amount for the expenses incurred or to demand payment thereof.
The consumer may not cancel the contract if the subject matter of the contract is:
for the provision of services where the service has been fully provided and its performance has begun with the consumer’s express prior consent and confirmation that they are aware they will lose their right of withdrawal, once the contract has been fully performed by the merchant.
for the provision of accommodation services not intended for residential purposes, the transport of goods, car rental, food services, or the provision of services related to recreational activities, if the contract specifies a specific date or time for performance
The merchant shall refund the price paid by the consumer.
Complaints
The customer has the right to file a complaint regarding any discrepancy between the service provided and what was agreed upon or ordered.
The consumer has the right to file a complaint about the service, regardless of whether the manufacturer or seller has provided a commercial warranty
A complaint regarding services may be filed within 14 days of discovering that the service does not comply with the terms of the agreement.
Complaints may be submitted verbally by calling the phone number provided by the Merchant, or in writing via the email address provided, by mail, or by submitting the complaint to the company’s address. The Merchant provides access to a complaint form on its website.
When filing a complaint, the consumer must specify the subject of the complaint, their preferred method of resolution, the amount claimed, and their contact address, phone number, and email address.
When filing a complaint, the consumer must include the documents on which the claim is based, namely:
receipt or invoice;
protocols, reports, or other documents establishing that the goods or services do not conform to the terms of the contract;
other documents substantiating the claim in terms of its basis and amount.
Filing a complaint does not preclude the filing of a lawsuit.
The merchant maintains a record of all complaints filed. The consumer is sent a document to the email address they provided, which includes the complaint number from the record and the type of service.
When the Merchant accepts the complaint, it issues a written statement to that effect, drawn up in two copies, and must provide one copy to the Consumer
Intellectual Property
The intellectual property rights to all materials and resources located on the Merchant’s website (including the available databases) are protected under the Copyright and Related Rights Act, belong to the Merchant or to the respective designated person, who has granted the Merchant the right of use, and may not be used in violation of applicable law.
In the event of unauthorized copying or reproduction of information, as well as any other infringement of intellectual property rights regarding the Merchant’s resources, the Merchant shall be entitled to claim compensation for the full amount of direct and indirect damages incurred.
Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute, or otherwise disclose the information resources published on the Merchant’s website.
The merchant agrees to exercise due diligence to ensure that the consumer has normal access to the services provided.
The Merchant reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, to remove, at its discretion, information and materials published on its website.
Termination and Cancellation of the Contract
The Merchant reserves the right, at its sole discretion and without prior notice, to terminate the contract unilaterally if it determines that the services provided are being used in violation of these General Terms and Conditions, the laws of the Republic of Bulgaria, and generally accepted moral standards.
In addition to the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon the cessation of the Merchant’s business operations or the discontinuation of its website.
Apart from the cases mentioned above, either party may terminate this agreement by giving one week’s notice to the other party in the event of a breach of the obligations under the agreement.
The written form requirement of the contract is deemed to be met by sending an email, clicking an electronic button on a page with content that is filled in or selected by the User, or checking a box (checkbox) on the website, etc. similar actions, provided that the statement is technically recorded in a manner that allows it to be reproduced.
Safeguard clause
The parties declare that, should any provision(s) of these General Terms and Conditions be found to be invalid, this shall not render the entire contract or any other part thereof invalid. The invalid clause shall be replaced by the mandatory provisions of the law or established practice.
Amendment to the Terms and Conditions
The Merchant agrees to notify Users of any changes to these Terms and Conditions within 7 days of such changes taking effect, via the email address provided by the User.
If the User does not agree with the changes to the Terms and Conditions, the User has the right to withdraw from the contract without giving any reason and without being liable for compensation or a penalty. To exercise this right, the User must notify the Merchant within one month of receiving the notice referred to in the preceding article.
If the User does not exercise their right to withdraw from the contract in accordance with the procedure set forth in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection
Applicable law