I. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relations between CLASS FOOD Ltd. Sofia, ul. “Batareya” 117, hereinafter referred to as “SUPPLIER”, and the customers, hereinafter referred to as “USERS”, of the e-shop www.klassfood.bg , hereinafter referred to as “ELECTRONIC SHOP”.

II. SUPPLIER DETAILS

Art. 2. Information under the E-Commerce Act and the Consumer Protection Act:

1. Name of the Supplier.
2. Registered office and registered address. Sofia, g.k. Sofia, Sofia, ul. No. 12, Lajos Koshut Str. A, et. 3, app. 8
3. Address for exercising the activity.
4. Correspondence details: klasfood@klass.bg
5. Entry in public registers.
6. Personal data controller certificate number No. ……………………..
7. Supervisory bodies:
(1) Data Protection Commission
Address. “Prof. Tsvetan Lazarov” № 2,
tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg

(2) Consumer Protection Commission
Address: 1000 gr. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,
Tel: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg

8. Registration under the Value Added Tax Act № BG201383331

III. FEATURES OF AN E-SHOP

Art. 3. The e-shop is available at the Internet address www.klassfood.bg, through which Users have the opportunity to conclude contracts for the purchase and delivery of goods offered by the ELECTRONIC SHOP, including the following:

1. To register and create an account to view the ELECTRONIC SHOP and use the additional services to provide information;
2. To make electronic statements in connection with the conclusion or performance of contracts with the ELECTRONIC SHOP through the interface of the ELECTRONIC SHOP page, available on the Internet;
3. To conclude contracts for the purchase and delivery of the goods offered by the ELECTRONIC SHOP;
4. To make any payments in connection with the concluded contracts with the ELECTRONIC SHOP, according to the payment methods supported by the ELECTRONIC SHOP.
5. To receive information about new goods offered by the ELECTRONIC SHOP;
6. To review the goods, their characteristics, prices and delivery terms;
7. To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC SHOP website on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier for which the right of withdrawal is applicable;

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, consumer or commercial law.

Art. 5. (1) Users conclude a contract for the purchase and sale of the goods offered by the ELECTRONIC SHOP through the interface of the Provider, accessible on its website or other means of remote communication.
(2) By virtue of the contract with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer the ownership of the User of the goods specified by him through the interface.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms and conditions set out on the ELECTRONIC SHOP and these General Terms and Conditions. The remuneration is the price announced by the Provider on the address of the ELECTRONIC SHOP on the Internet.
(4) The Supplier shall deliver the goods ordered by the Users within the terms and conditions set by the Supplier on the e-shop page and in accordance with these General Terms and Conditions. (5) The price for the delivery shall be determined separately and expressly from the price of the goods.

Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and performance of the Purchase and Sale Agreement may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) Electronic statements made by Users of the Site shall be presumed to have been made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.

IV. USE OF E-SHOP

Art. 7. (1) In order to use the ELECTRONIC SHOP for concluding contracts for the purchase and sale of goods, the User shall enter a name and a password for remote access chosen by him, in cases where the electronic shop requires registration.
(2) The name and password for remote access shall be determined by the User through electronic registration on the Provider’s website.
(3) By filling in his/her details and clicking on the “Yes, I accept” or “Register” buttons, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information on activation of the registration is also sent. The User confirms the registration and the conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider. After confirmation, the User’s account is created and a contractual relationship is established between the User and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the details provided in his registration in the event of a change.
(6) In order to use the full functionality of the Provider’s e-shop, the User is obliged to register on the e-shop website. The Provider shall not be held liable in the event that due to lack of registration the User has not been able to use the full functionality of the e-shop, including with regard to the exercise of rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) These General Terms and Conditions may be accepted by the Users without registration in the ELECTRONIC SHOP by explicit declaration, including through the ELECTRONIC SHOP website.

Art. 8. (1) The e-mail address provided at the initial registration of the User, as well as any subsequent e-mail address used for the exchange of statements between the User and the Provider, is the “Primary e-mail address” within the meaning of these General Terms and Conditions. The User has the right to change their Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary Contact e-mail address provided by the User.
(3) The change of the Primary Contact e-mail address shall be made after confirmation by the User, expressed by reference contained in the confirmation request sent by the Provider to the new Primary Contact e-mail address indicated by the User.
(4) The Provider shall inform the User of the change made by means of an e-mail sent to the User’s Primary Contact e-mail address before the change is made under paragraph 2.
(5) The Provider shall not be liable to the User for any unauthorized change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT

Art. 9. (1) Users mainly use the interface of the Supplier’s website to conclude contracts for the purchase and sale of the goods offered by the Supplier in the ELECTRONIC SHOP. (2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User is the present General Terms and Conditions, available on the website of the ELECTRONIC SHOP.
(4) The User is a party to the contract with the Provider in accordance with the data provided at registration and contained in the User’s personal profile. For the avoidance of doubt, these are the details with which an account has been created with the Supplier.
(5) The provider shall include in the interface of its website technical means for detecting and correcting errors in the input of information before the statement of conclusion of the contract is made.
(6) This Contract shall be deemed to have been concluded from the moment of the User’s registration with the Provider or acceptance of the General Terms and Conditions in any other express manner, including by a statement on the Provider’s website. The contract for the purchase and sale of goods shall be deemed to be concluded from the moment of its request by the User through the interface of the Provider.
(7) The Supplier shall expressly notify the User of the conclusion of this Agreement and of the conclusion of the contract for the purchase and sale of goods by appropriate electronic means. (8) The statement of conclusion of the contract and the acknowledgement of its receipt shall be deemed to have been received when their addressees are able to access them.
(9) The Supplier shall deliver the goods to the address indicated by the Users and shall not be liable in the event that the data indicated by the Users are false or misleading.

Art. 10. (1) Users shall conclude the Purchase and Sale Agreement with the Supplier in accordance with the following procedure:
Performing registration in the ELECTRONIC SHOP and providing the necessary data if the User has not registered in the ELECTRONIC SHOP or by ordering goods without registration;
Login to the system to place orders on the ELECTRONIC SHOP by identifying with a name and password and other means of identification;
Selecting one or more of the goods offered by the ELECTRONIC SHOP and adding them to a list of goods for purchase;
Provision of data for making the delivery;
Choice of payment method and time of payment.
Order Confirmation;
(2) Users may conclude the purchase contract with the Supplier without registration, using the relevant functionality in the interface of the e-shop.

VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION

Art. 11. The rules of this Section VI of these General Terms and Conditions shall apply to Users who, according to the data provided for the conclusion of the purchase contract or registration in the ELECTRONIC SHOP, may be inferred to be consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the website of the ELECTRONIC SHOP.
(2) The price of the goods including all taxes shall be determined by the Supplier in the profile of each item on the website of the ELECTRONIC SHOP.
(3) The value of postage and transport costs not included in the price of the goods shall be determined by the Supplier and shall be provided as information to the Users at one of the following times prior to the conclusion of the contract:
– In the profile of each of the goods on the website of the ELECTRONIC SHOP supplier;
– When selecting the goods to conclude the purchase contract;
(4) The method of payment, delivery and performance of the contract shall be defined in these General Terms and Conditions, as well as the information provided to the User on the Supplier’s website.
(5) The information provided to the Users under this Article shall be up-to-date at the time of its visualization on the Provider’s website prior to the conclusion of the Purchase and Sale Agreement.
(6) The Supplier must indicate the terms of delivery of individual goods on its website.
(7) The Supplier shall state before the conclusion of the contract the total value of the order for all the goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the ELECTRONIC SHOP platform or email.

Art. 13. (1) The User agrees that the Supplier shall be entitled to accept advance payment for contracts concluded with the User for the purchase and delivery of goods. (2) The User shall independently choose whether to pay the Supplier the price to deliver the goods before or at the time of delivery.

Art. 14. (1) The User shall have the right, without compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods through the single withdrawal form available on the Supplier’s website. Information on exercising the right of withdrawal is available on the Provider’s website. Users may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under par. 1 shall not apply in the following cases:
1. for the delivery of goods made to the user’s order or according to his individual requirements;
2. for the delivery of goods which by their nature may deteriorate or have a short shelf life;
3. for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the supply of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
5. for the delivery of sealed sound or video recordings or sealed computer software that are unsealed after delivery;
6. for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications;
(3) Where the Supplier has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the Consumer shall have the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the goods. Where the information is provided to the consumer within the withdrawal period, the withdrawal period shall start from the date of its provision. The User has the right to make the withdrawal statement under this Article directly to the Supplier through the single withdrawal form available on the Supplier’s website.
(4) Where the Consumer has exercised his right to withdraw from the distance or off-premises contract, the Supplier shall refund all amounts received from the Consumer, including the cost of delivery, without undue delay and no later than 14 days from the date on which he was notified of the Consumer’s decision to withdraw from the contract. The Provider shall refund the amounts received using the same means of payment used by the User in the original transaction, unless the User has expressly agreed to use another means of payment and provided that this does not involve any cost to the User.
(5) In case of exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the consumer and the costs of returning the goods shall be deducted from the amount paid by the consumer under the contract. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the User has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received by the Supplier and to ensure the preservation of their quality and safety during the period referred to in par. 1.
(7) The User may exercise the right to withdraw from the contract with the Supplier by sending a written statement to the Supplier through the standard withdrawal form available on the website of the ELECTRONIC SHOP.
(8) Where the Supplier has not offered to collect the Goods himself, he may withhold payment of the Consumer’s sums until he has received the Goods or until the Consumer has provided proof that he has sent the Goods back, whichever is the earlier.

Art. 15. (1) The period of delivery of the goods and the starting point from which it runs is determined for each good separately when concluding the contract with the consumer through the Supplier’s website, unless the goods are ordered in one delivery.
(2) If the User and the Supplier have not set a delivery period, the delivery period of the goods shall be 30 working days from the date following the sending of the User’s order to the Supplier via the e-shop website.
(3) If the Supplier is unable to perform the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid by him.

Art. 16. (1) The Supplier shall hand over the goods to the Consumer after verifying that the requirements for providing information to the Consumer under the Consumer Protection Act have been met.
(2) The User and the Provider shall certify the circumstances under par. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under par. (1) shall be complied with if the authentication is made by a person who, according to the circumstances, may be inferred to pass on the information to the consumer – party to the contract.

VII. OTHER CONDITIONS
Art. 17. The Supplier shall deliver and hand over the goods to the User within the period specified at the conclusion of the contract.

Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and if they do not meet the requirements notify the Supplier immediately.

VIII. DATA PROTECTION
Art. 19. (1) The Provider shall take measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users’ personal data, the Provider will only send the data to the e-mail address that was provided by the Users at the time of registration.
(3) The Provider adopts and publishes on its website a Privacy Policy.
(4) Users agree that the Supplier has the right to process their personal data necessary for the execution of orders in the e-shop and the performance of the contract.

Art. 20. (1) At any time, the Provider has the right to require the User to identify himself and to certify the veracity of any of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider shall be entitled to apply the announced Procedure for Lost or Forgotten Usernames and Passwords.

IX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 21. (1) These General Terms and Conditions may be amended by the Provider, for which the Provider will notify all Users who have registered in an appropriate manner. (2) The Provider and the User agree that any amendment and modification of these General Terms and Conditions shall be effective with respect to the User after the User has been expressly notified by the Provider and if the User does not declare within the 30-day period granted to the Provider that it rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature in order to be effective against him.
Art. 22. The Provider publishes these General Terms and Conditions on its website together with any amendments and modifications thereto.

X. TERMINATION
Art. 23. These General Terms and Conditions and the User’s contract with the Provider are terminated in the following cases:
in the event of dissolution and liquidation or bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
unilaterally, by notice from either party in the event of failure of the other party to perform its obligations;
in the event of objective impossibility of either party to the contract to perform its obligations;
in case of seizure or sealing of the equipment by government authorities;
in case of cancellation of the User’s registration on the ELECTRONIC SHOP website. In this case, the purchase contracts concluded but not executed shall remain valid and enforceable;
in case of exercise of the right of withdrawal pursuant to Art. 55, par. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the ordered goods shall be terminated if the right of withdrawal is applicable to the relevant category of goods.

XI. OTHER CONDITIONS
Art. 24. The invalidity of any provision of these General Terms and Conditions shall not invalidate the entire contract.

Art. 25. The laws of the Republic of Bulgaria shall apply to matters not covered by this Contract relating to the performance and interpretation of this Contract.

Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.