Terms of use of the website

These general terms and conditions govern the relationship between Dineout OOD., hereinafter referred to as "Merchant", on the one hand, and the Users of websites and services located on the website https://dineout.bg, hereinafter referred to as users, from another.

Dineout OOD is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 203371500 address Sofia, 2 Plachkovitsa Str., Email address [email protected], telephone 02/9879988

Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).

This document contains information about the activities of Dineout OOD and the general conditions for using the services provided by Dineout OOD, regulating the relationship between us and each of our users.

Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the contract between the User and the Merchant.

By accepting the General Terms and Conditions, the User agrees to have their/her personal data processed on the basis of the contract concluded between him or her and the Merchant.

Definitions

For the purposes of these general terms and conditions, the following terms shall be understood as follows:

Website - https://dineout.bg and all its subpages.

Consumer - any person who acquires goods or uses services that are not intended for commercial or professional activity, and any person who, as a party to a contract under this law, acts outside the scope of commercial or professional activity.

Client - a representative of a legal entity that has a contractual relationship with Dineout OOD or a representative of a legal entity that does not have a contractual relationship with Dineout OOD, but is looking for information about the system.

General Terms and Conditions - these General Terms and Conditions, which include terms of use, cookies, registration and delivery rules, voluntary dispute resolution, contract waiver and exchange forms and any other legally relevant information available on the Site.

Personal data - information about an individual that reveals their physical, psychological, mental, family, economic, cultural or social identity.

Service - any material or intellectual activity that is performed in an independent manner, is intended for another person and is not the main subject of the transfer of possession of property.

Service contract - a contract, other than a contract of sale, under which the trader provides or undertakes to provide a service to the consumer, and the consumer pays or undertakes the obligation to pay the price for it, when there is such price.

Procedure for alternative settlement of consumer disputes - a procedure for out-of-court settlement of consumer disputes, meeting the requirements of this law and carried out by a body for alternative settlement of consumer disputes.

Services provided

1. Users have the opportunity to conclude contracts for service and delivery of the services offered by the Merchant on the Site.

User order

2. Users use the interface of the website to enter into contracts with the Merchant for the offered services.

2.1. The service contract is valid from the moment of confirmation of the service by the Merchant

2.2. In case it is impossible to perform a service, the Merchant reserves the right to refuse it.

2.3. When making a reservation, the User receives an e-mail confirmation that their order has been accepted.

3. The Merchant has the right to refuse to enter into a contract with Users who have committed violations.

3.1. The Merchant has the right to treat Users as committed violations in cases:

• there is non-compliance by the User to the General Terms and Conditions;

• an incorrect, arrogant or rude attitude towards the representatives of the Merchant has been established;

• systematic abuses by the User against the Merchant have been established.

Prices

4. The prices of the offered services are those indicated on the Merchant's website at the time of placing an order, except in cases of obvious error.

4.1. The prices of the services include VAT, in the cases where its charging is envisaged.

5. The Merchant reserves the right to change at any time and without notice the prices of services offered on the site, and such changes will not affect orders already placed.

6. The Merchant may provide discounts for the services offered on the site, according to the Bulgarian legislation and rules determined by the Merchant. The rules applicable to such discounts are available where the discount is displayed. Discounts can be provided in various forms (eg promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).

6.1. Different types of discounts cannot be combined when ordering and purchasing the same service.

Payment

7. When the User returns a service with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount received, applied to the service, and only the amount actually paid is refundable.

8. The user can pay the price of the ordered services using one of the options listed on the website. Payment is possible on the Site by the following methods:

• by credit or debit card

• by bank transfer

9. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and / or fees of such third party.

10. The Merchant shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the Merchant's fault.

Withdrawal from the contract and replacement

11. The User has the right to withdraw from the contract without stating a reason, without paying compensation or penalty within 14 days from the date of conclusion of the service contract by the User, but before the ordered service is consumed.

12. In order to exercise their right under this clause, the User must unambiguously notify the Merchant of their decision to withdraw from the contract, individualizing the goods / services he wishes to return, by providing all details of the order and delivery, including, but not only: content and value of the order, data of the person who made the order, etc.

13. The trader publishes on their website a form for exercising the right to withdraw from the contract.

14. In order to exercise the right of withdrawal, the Merchant provides the consumer with the option to fill in and send electronically via the website the standard withdrawal form or other unambiguous application. In these cases, the Merchant shall immediately send the consumer a confirmation of receipt of their refusal on a durable medium.

15. When in connection with the performance of the contract the Merchant has incurred expenses and the User withdraws from the contract, the Merchant has the right to withhold the respective amount for the incurred expenses or to demand their payment.

16. The consumer has no right to withdraw from the contract if the subject of the same are:

for the provision of services where the service is fully provided and its performance has begun with the explicit prior consent of the user and confirmation by him or her that he knows that he will lose their right of withdrawal after the contract is fully performed by the trader.

17. The Merchant refunds to the User the price paid by him or her.

Complaints

18. The user has the right to complain about any non-compliance of the service with the agreed / ordered.

19. The user has the right to complain about the service, regardless of whether the manufacturer or trader has provided a commercial guarantee

19.1. The complaint of services can be submitted up to 14 days from the discovery of the non-compliance of the service with the agreed one.

20. The complaint shall be submitted orally on the telephone number indicated by the Merchant or in writing by the indicated e-mail, by mail or submitted to the address of the company. The merchant presents on their website access to a complaint form.

21. When filing a complaint, the user indicates the subject of the complaint, their preferred way of satisfying the complaint, respectively the amount of the claimed amount, and address, telephone and email for contact.

22. When filing a complaint, the consumer must also attach the documents on which the claim is based, namely:

• receipt or invoice;

• protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed;

• other documents establishing the claim on the grounds and amount.

23. Filing a complaint is not an obstacle to filing a claim.

24. The trader shall maintain a register of the submitted claims. A document is sent to the User to the e-mail specified by him or her, in which the number of the claim from the register and the type of the service are indicated.

25. When the Merchant satisfies the complaint, issues an act for that, which is drawn up in two copies, and obligatorily provides one copy to the User.

Intellectual Property

26. The intellectual property rights over all materials and resources located on the Merchant's website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or to the respective person who has transferred the right of use. of the Merchant, and may not be used in violation of applicable law.

27. In case of copying or reproduction of information beyond the permissible, as well as in case of any other violation of the intellectual property rights over the resources of the Merchant, the Merchant has the right to claim compensation for the direct and indirect damages in full.

28. Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Merchant's website.

29. The Merchant undertakes to take due care to provide the User with normal access to the services provided.

30. The trader reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.

Termination and cancellation of the contract

31. The trader has the right at its discretion, without giving notice to terminate the contract unilaterally, if it finds that the services provided are used in violation of these general conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.

32. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated upon termination of the Merchant's activity or termination of the maintenance of its website.

33. In addition to the above cases, either party may terminate this contract by giving one week's notice to the other party in the event of failure to fulfill obligations under the contract.

34. The written form of the contract is considered complied with by sending an e-mail, pressing an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the website, etc. . similar in so far as the statement is technically recorded in a way that allows it to be reproduced.

Rescue clause

35. The parties declare that in the event that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.

Modification of the general conditions

36. The Merchant undertakes to notify the Users of any change in these general terms and conditions within 7 days of the occurrence of this circumstance at the email address specified by the User.

37. When he does not agree with the changes in the general conditions, the User has the right to withdraw from the contract without stating a reason and without paying compensation or penalty. In order to exercise this right, the User must notify the Merchant within one month of receiving the notice under the previous article.

38. In case the User does not exercise their right to withdraw from the contract in the manner prescribed in

these general terms and conditions, it is considered that the change is accepted by the User without objections.

Applicable law

39. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.

Registration and identification

The Merchant identifies the Users of the Site by storing log files on the server of the Site.

The Merchant has the right to collect and use information about the Users on the basis and for the purposes of the implementation of the contract concluded under general conditions with the User. The information by which the person can be identified may include personal data specified in the general conditions, as well as any other information that the person provides voluntarily upon registration. The information includes any other that the User enters, uses or provides when using services.

Only persons over 16 years of age can register on the site. Upon registration, the person marks a check box, which declares that he is 16 years old.

The Merchant takes due care and is responsible for protecting the information about the User, which became known to him or her on the occasion of registration, except in cases of force majeure, accidental event or malicious actions of third parties.

In the registration form filled in by the User upon registration, the Merchant indicates the mandatory or voluntary nature of the provision of data and the consequences of refusal to provide them.

The Merchant may disclose personal data to third parties only in the cases provided by law and in the circumstances provided by law or with the express consent of the Users.

The User may register by filling in the relevant electronic registration form, available in real time (on-line) on the Internet on the Merchant 's website, to agree with the General Terms.

By pressing the virtual button with the text "Registration" or other similar text, having the force of written confirmation of the General Terms, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with the General Terms, accepts them and undertakes to observe them. The Merchant may store in log files on its server the IP address of the User, as well as any other information necessary for its identification and reproduction of their electronic statement for acceptance of the General Terms and Conditions in case of a legal dispute. The text of the General Terms and Conditions is available on the Internet on the Merchant 's website in a way that allows its storage and reproduction.

When filling in the application for registration, the User is obliged to provide complete and accurate data on the identity (for individuals), legal status (for legal entities) and other data required by the electronic form of the Merchant, as well as to update them in 7 (seven) one day from their change. The user declares that he agrees to provide the required personal data, thus ensuring that the data provided during the registration process are correct, complete and accurate and in case of change of the latter will update them in a timely manner. In case of providing incorrect data, the Merchant has the right to terminate or suspend immediately and without notice the provision of services, as well as maintaining the registration of the User.

Upon registration, the User receives a unique username, which may be the email or data provided by the User from social networks or identification services by third parties, and a password to access the services available through the website.

The user can manage their profile on the site through their account.

The username with which the User registers does not give him or her any rights other than those explicitly stated in these terms.

The registrar in their capacity as a representative of a legal entity is obliged to enter their full name and address, resp. the name of the legal entity it represents.

The User is obliged to take all care and take the necessary measures that are reasonably necessary in order to protect their password, as well as not to disclose their password to third parties and to notify the Merchant immediately in case of unauthorized access, and in case of probability and suspicion of such. He bears the responsibility and risk for the protection of their password, as well as for all actions performed by him or her or by a third party using their password.

Information for bodies controlling the activity

The bodies regulating the activity of the Merchant are the Commission for Consumer Protection / CPC / and the Commission for Personal Data Protection (CPDP), with the following coordinates:

About the CPC:

Website: https://kzp.bg/kontakti tel: 0700 111 22

Email: [email protected]

Address: Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors

About CPDP:

Website: https://www.cpdp.bg/

Phone: 02 / 91-53-518 Email: [email protected]

Address: Sofia 1592, Blvd. "Prof. Tsvetan Lazarov ”No 2

Consumers can use the European Online Dispute Resolution Platform (ODR), available at / http://ec.europa.eu/odr / - a single access portal that allows EU consumers and traders to settle disputes between them.

Alternative dispute resolution (ADR) between consumers and traders is an out-of-court conciliation procedure on a voluntary basis.

The Joint Conciliation Commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services.

The General Conciliation Commissions are determined on a regional basis, and the General Conciliation Commission with its registered office in Sofia and the area of operation of the territory of Sofia District is competent to resolve disputes between a Merchant and a User.

The consolidated list of recognized ADR entities of the Member States of the European Union can be found at:

https://webgate.ec.europa.eu/odr/main/index.cfm? event = main.adr.show

Standard form for exercising the right to complain:

To: Dineout OOD with UIC 203371500

I hereby inform you that I have found a discrepancy between the service (s) and the agreement.

Subject of the complaint:

.................................................. .................................................. .................................................. ...............

.................................................. .................................................. .................................................. ...............

.................................................. .................................................. .................................................. ......

Ordered on / received on - .......................................

Preferred way of satisfaction (check the desired option): ïPerforming the service in accordance with the contract

Disclaimer

Reimbursement of the amount paid

I enclose the following documents (enclose the desired option): ïreceipt or invoice;

protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed;

other documents establishing the claim on the grounds and amount. Amount of the claimed amount:

.................................................. .........................

Name of the user (s): ............................................ ............................... Address of the user (s): ............. .................................................. ............

User signature (paper only): ....................................... ....................................

Date: .......................................