Terms of Service Agreement
This document contains the General Terms and Conditions of the contract for the use of services provided by "CoKitchen" Ltd. through the online ordering website "cokitchen.bg" ("General Terms and Conditions") and regulates the relationship between "CoKitchen" Ltd. and each user of the website cokitchen.bg.
I. DEFINITIONS
In the interpretation and application of these General Terms and Conditions, the terms and expressions used shall have the following meaning:
1.1. "IP Address" is a unique identification number associating a device, Internet page or user resource in a way that allows their localization in the global Internet network.
1.2. "CoKitchen" Ltd. (hereinafter referred to as CoKitchen) is a commercial company with EIK: 203555079, with registered office and management address: Sofia, "Gen. Y. V. Gurko" St. No. 4, fl. 2, e-mail: us@cokitchen.bg, which provides the services subject to these General Terms and Conditions through the website administered by it: cokitchen.bg.
1.3. cokitchen.bg /The Website cokitchen.bg/ is a website through which USERS are provided with the opportunity to purchase and have food delivered to an address specified by them.
1.4. "Electronic link" is a link designated on a specific Internet page that allows automated forwarding to another Internet page, information resource or object through standardized protocols.
1.5. "Malicious actions" are actions or omissions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, including but not limited to sending unsolicited mail (SPAM, JUNK MAIL), flooding channels (FLOOD), gaining access to resources with unauthorized rights and passwords, exploiting system vulnerabilities for personal gain or information gathering (HACK), performing actions that may be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending "Trojan horses" or causing installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, as well as performing any actions that may be qualified as a crime or administrative violation under Bulgarian legislation or other applicable law.
1.6. "Internet page" is a part of a website that may be composite or separate.
1.7. "Information system" is a device or system of connected devices, one or more of which is intended to store, send or receive electronic documents.
1.8. "USER" is any person who uses any of the services and resources provided through the website cokitchen.bg.
1.9. "User profile" is a separate part in cokitchen.bg containing information about the user, provided by them during registration and stored by cokitchen.bg, with access to the user profile being carried out by entering their email address and password. The profile allows the user to view and edit data entered during registration, change their access password, subscribe or unsubscribe from receiving a newsletter, etc.
1.10. "Email" is an electronic means of storing and transmitting electronic messages over the Internet network through standardized protocols.
1.11. "Password" is a code of letters and/or numbers chosen by the user, which together with the email address individualizes them.
1.12. "User content" is any data, information, text, opinions and comments in the blog that the USER places on cokitchen.bg so that they are accessible through the Website cokitchen.bg to all other USERS.
1.13. "Server" is a device or system of connected devices on which or on one of which system software is installed for performing tasks related to storing, processing, receiving or transmitting information.
1.14. "Website" is a separate place in the global Internet network, accessible through its unified address (URL) via HTTP or HTTPS protocol and containing files, programs, text, sound, pictures, images, electronic links or other materials and resources.
1.15. "Blog" is a Website whose content is regularly supplemented with comments, event descriptions, files and other information materials, presented in chronological order.
1.16. "Fortuitous event" is an unforeseen circumstance of an extraordinary nature at the time of conclusion of the contract that makes its performance objectively impossible.
1.17. "Commercial messages" are advertising or other messages presenting directly or indirectly the goods, services or reputation of a person engaged in commercial or craft activity or practicing a regulated profession.
II. SUBJECT OF THE CONTRACT
2.1. CoKitchen, through the Website cokitchen.bg, provides online services to the USER as set forth in these General Terms and Conditions ("Services"), subject to strict compliance by the latter with the requirements set forth in these General Terms and Conditions.
2.2. Part of the Services of the Website cokitchen.bg are provided to all USERS without requiring prior registration. These include, without limitation, access to and use, subject to compliance with the rules of these General Terms and Conditions, of various information resources accessible through the Website cokitchen.bg – news, entertaining publications, promotions, calendar with information about upcoming events, trainings and seminars or other content provided by cokitchen.bg;
2.3. The use of part of the Services of the Website cokitchen.bg is possible only after prior registration, creation of a User Profile for the USER and entry of the email address and password.
2.4. The relationship between USERS and cokitchen.bg in connection with the offering, access and use of paid services through the Website cokitchen.bg is governed by the rules described in the General Terms and Conditions for the use of the respective paid services, accessible through the Website cokitchen.bg.
III. APPLICABLE SCOPE. CONSENT TO GENERAL TERMS AND CONDITIONS
3.1. These General Terms and Conditions apply to relationships with USERS who have registered on the Website cokitchen.bg ("registered USERS"). These General Terms and Conditions also apply to relationships with USERS who have not registered on the website cokitchen.bg ("unregistered USERS"), with their rights limited to using the services described in section 2.2.
3.2. The text of these General Terms and Conditions is accessible on the Internet on an internet page at address cokitchen.bg in a way that allows its storage and reproduction. An electronic link to the Internet page containing the text of these General Terms and Conditions is located on every page of the Website cokitchen.bg. With each use of the services and resources of the Website cokitchen.bg, including opening an Internet page from the Website cokitchen.bg, as well as by clicking on an electronic link from the header (home) or any other Internet page of the Website cokitchen.bg, USERS declare that they are familiar with these General Terms and Conditions, agree to them and undertake to comply with them.
3.3. In order to use the services under section 2.3 of these General Terms and Conditions, the USER must first register by filling in the respective electronic registration form, accessible in real time (online) on the Internet page cokitchen.bg.
3.3.1. In the registration process, by checking the field "I agree with the General Terms and Conditions of cokitchen.bg" and clicking the virtual button "Register", the USER, or respectively the parent or guardian of the USER, makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which they declare that they are familiar with these General Terms and Conditions, accept them, agree to them and undertake to comply with them.
3.3.2. With their registration, the USER gains access to all services offered by cokitchen.bg. When filling in the registration form, the USER is obliged to provide complete and accurate data regarding their identity, or respectively the identity of the USER, and other data required by the electronic form of cokitchen.bg, as well as to update them immediately upon any change. The USER guarantees that the data they provide in the registration process are accurate, complete and correct and will update them in a timely manner if they change.
3.3.3. If the required personal data in the registration form are not provided, cokitchen.bg has the right to refuse registration.
3.3.4. In case of providing inaccurate data or failure to reflect changes that have occurred, cokitchen.bg has the right to terminate or stop immediately and without notice the provision of Services, as well as the maintenance of their registration. In this case, the termination of the provision of Services is considered an automatic termination of the contract.
IV. USER EMAIL ADDRESS AND PASSWORD. USER PROFILE
4.1. During registration, the USER specifies an email address and password. If another user has not already chosen the specified email address, the USER, through the specified email address and password, gains access to their User Profile, as well as the ability to use the Services under section 2.3.
4.2. cokitchen.bg does not verify and is not responsible for whether the specified email address belongs to the USER's email, whether it affects third party rights and in particular the right to a name or other personal rights, the right to a trade name (company), the right to a registered trademark or other intellectual property rights.
4.3. The password is a code of letters, numbers and characters that, together with the email address, serves to access a specific user profile.
4.5. The USER is obliged not to disclose their password to third parties and to immediately notify cokitchen.bg in case of unauthorized access, as well as in case of likelihood of such. The USER is obliged to take all care and take necessary measures that are reasonably required to protect their password and bears full responsibility for all actions performed by them or by a third party through their use.
4.6. The User Profile is a separate part of the Website cokitchen.bg containing information about the registered USER, provided during registration and stored on a server of cokitchen.bg. Through their User Profile, the USER can use, configure, activate or deactivate the use of various services under section 2.3 of cokitchen.bg, manage User Content placed by them on a server of cokitchen.bg, update data provided during registration, change their password, terminate their registration in cokitchen.bg, etc.
4.7. In order to gain access to paid services on the Website cokitchen.bg, the USER must register on a designated Internet page or perform other actions, in accordance with the requirements of the General Terms and Conditions for the use of the respective paid service indicated on the page.
4.8. Each USER may have only one active user profile. Registration under a fictitious name or under another person's name (under another person's identity) is prohibited. cokitchen.bg may refuse registration of a person for whom it has received information that they are providing inaccurate or unauthorized data.
V. CONCLUSION OF THE CONTRACT
5.1. The contract between the parties takes effect from the moment of reaching agreement, objectified in the manner specified in section 3.2 or section 3.3.1.
5.2. The contract is concluded in Bulgarian.
5.3. The contract has effect: a) For unregistered USERS – until cessation of use of Services under section 2.2.; b) for registered USERS – for an indefinite period from registration of the USER until termination of the contract in the manner provided for in these General Terms and Conditions.
VI. CHANGES TO GENERAL TERMS AND CONDITIONS
6.1. In view of the periodic supplementation and modifications of 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 CoKitchen. This change may also be made upon change in the type, nature or technology of the Services provided, upon termination of the provision of certain Services, as well as upon change in economic conditions.
6.2. When making changes to the General Terms and Conditions, CoKitchen brings them to the attention of USERS by publishing them on the Website cokitchen.bg. CoKitchen provides USERS with a two-week period to familiarize themselves with the changes to the General Terms and Conditions, after which they enter into force.
6.3. These General Terms and Conditions, as well as future amendments to them, also apply to existing registered USERS as of the date of their entry into force. Within the period under section 6.2, they have the opportunity to declare by sending a message to CoKitchen that they reject the changes. If a statement rejecting the changes is not received by CoKitchen, it is considered that the USER is bound by them. A declaration by a registered USER that they do not agree with the changes to the General Terms and Conditions will lead to automatic termination of the contract between the USER and CoKitchen for the use of services provided through the Website cokitchen.bg, whereupon CoKitchen has the right to immediately stop the access of the respective USER to their user profile, terminate their registration and delete from its servers all User Content placed by them.
VII. USER RIGHTS AND OBLIGATIONS
7.1. The USER themselves provides the necessary client equipment (terminal devices for Internet access and corresponding software applications) and Internet access for using the services provided by CoKitchen.
7.2. The USER has the right to online access to Services provided through the Website cokitchen.bg, subject to compliance with the conditions and requirements for access specified by CoKitchen.
7.4. The USER undertakes, when using the services provided by CoKitchen, not to upload, place on a server of CoKitchen and not to make available in any way to third parties User Content – information, data, text, messages, as well as any other materials or electronic links to materials: a. contrary to Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics, rules of morality and good manners; b. containing violence (including violence against animals), incitement to violence, humiliation of human dignity, threat to life and bodily integrity of a person; c. with pornographic or explicitly sexual content; d. containing clearly distinguishable bodies of victims of disasters and other serious incidents; e. insulting a given religion or containing religious agitation; f. representing trade or official secrets or other confidential information; g. which are the subject of intellectual property rights of third parties, except with the consent of the right holder; h. violating any property or non-property rights or legitimate interests of third parties; i. promoting discrimination based on gender, race, educational qualification, age and religion or preaching fascist, racist or other undemocratic ideology; j. damaging the good name of others and calling for violent change of the constitutionally established order, for commission of a crime, for violence against a person or for inciting racial, national, ethnic or religious enmity; k. containing information inciting or facilitating the commission of terrorist activity; l. containing information about third party 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 undertakes, when using the services provided by CoKitchen: a. not to perform malicious actions within the meaning of these General Terms and Conditions; b. to immediately notify CoKitchen of any case of committed or discovered violation when using the services provided; c. not to impersonate another person; d. not to use methods leading to forced loading of content unwanted by Internet users ("pop-up", "blind link" and similar).
7.6. The USER has the right at any time at their own discretion to terminate the use of Services provided by CoKitchen by deactivating their provision from their User Profile or another designated Internet page or terminate their registration on the Website cokitchen.bg, or respectively cease using Services under section 2.2. From the moment of termination of registration, and for unregistered USERS – from the moment of cessation of use of services under section 2.2, the contract between the parties is considered automatically terminated, and CoKitchen stops the access of the respective USER to their User Profile and has the right to stop access to and delete from its servers all User Content placed by them in accordance with section 13.2 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 Website cokitchen.bg, including User Content, solely for personal use for non-commercial purposes subject to compliance with the requirements of these General Terms and Conditions.
7.8. The USER undertakes not to access and not to attempt to gain unauthorized access to services provided by cokitchen.bg by intercepting and using third party passwords or any other methods, not to bypass, damage or otherwise disrupt the normal operation of technical or software applications of the Website cokitchen.bg that prevent or limit access to third party email boxes, administrative panels, computer systems and networks connected to the services provided.
VIII. COKITCHEN RIGHTS AND OBLIGATIONS
8.1. CoKitchen undertakes to exercise due care in providing the USER with the opportunity for normal use of Services.
CoKitchen Complaints Acceptance and Satisfaction Policy
We, CoKitchen, promise that we will be at your door with your order within the time specified when confirming the order.
8.1.1. CoKitchen guarantees the taste characteristics and nutritional qualities of products delivered under your order within 1 (one) hour from the moment of delivery. In view of this, CoKitchen recommends that you consume the products delivered to you within the period specified above. After this period, CoKitchen is not responsible for the taste characteristics and nutritional qualities of delivered products.
8.1.2. If you find a discrepancy between your order and the delivered products in quantitative and qualitative terms, you have the right to file a complaint in accordance with the Consumer Protection Act. For your complaint, you must notify us within 60 minutes from the time of delivery of your order, with the notification being considered submitted by sending an email to address us@cokitchen.bg. If your complaint notification is made after this period, CoKitchen is not obliged to follow the complaints acceptance policy.
8.1.3. When filing a valid complaint from you, we offer the following options for resolving the identified problem depending on the situation, type and nature of the problem: * If the product is pizza, main course, salad, burger or tortilla, children's menu, dessert, grill, appetizer, sauce, sushi addition, side dish, drink or bread, we will replace it with a new one, as quickly as possible within the same day or we will provide you with a voucher that you can use for your next order, which will equal the value of the incorrect product.
8.1.4. In all cases of inaccurate execution of your order, except those related to undelivered item/product, your complaint will be recognized as valid only if you present to the delivery person the product you are dissatisfied with in an amount not less than two thirds of what was delivered.
8.1.5. Time guarantees do not apply to all orders. Orders over 100 leva require more time for preparation and for this reason delivery time must be extended. Each customer will be timely informed about the delivery time while making their order or subsequently.
8.1.6. This Complaints Acceptance and Satisfaction Policy does not apply in case of force majeure circumstances, including cases of causes related to adverse weather conditions.
8.2. CoKitchen does not have the obligation and objective ability to control the manner in which the USER uses the Services provided, and is not responsible for the purposes and activity of the USER in connection with the use of Services, as well as for the type and nature of User Content. CoKitchen does not have the obligation to monitor information stored on its servers or made accessible when providing Services, nor to seek facts and circumstances indicating the commission of unlawful activity by the USER through the use of Services.
8.3. In accordance with the requirements of applicable Bulgarian legislation, CoKitchen stores information materials and resources placed by the USER on a server under the control of CoKitchen, and has the right to provide them to competent state authorities in cases where this is necessary to preserve the rights, legitimate interests and security of CoKitchen or third parties, as well as in cases where the same are requested by the respective state authorities in due order.
8.4. CoKitchen has the right to place on each page of the Website cokitchen.bg, including in User Profiles, electronic links, advertising banners and other advertising forms for goods and services offered by CoKitchen or third parties, as well as electronic links and advertising banners pointing to websites located outside the control of CoKitchen. CoKitchen is not responsible for the content, accuracy and lawfulness of such Internet pages or resources and services or resources that have become available to the USER when using the services of the Website cokitchen.bg
8.5. CoKitchen has the right to send commercial messages to USERS in order to offer information and advertisements regarding its own or goods and/or services offered by other commercial companies, to make inquiries on various issues, to conduct surveys, etc. By accepting these General Terms and Conditions, the USER agrees to receive commercial messages from CoKitchen.
8.6. CoKitchen has the right, but not the obligation, at its discretion and without warning to stop access to and/or remove User Content when the same contradicts the requirements provided for in these General Terms and Conditions.
8.7. CoKitchen reserves the right to temporarily or permanently discontinue the provision of specific Services accessible through the Website cokitchen.bg, by notifying the USER of this with a message to the email address specified in their user profile.
IX. INTELLECTUAL PROPERTY
9.1. By placing User Content in any form on the Website cokitchen.bg, the USER grants CoKitchen a non-exclusive right to use, record, store, publicly distribute on the Internet, including to offer access to an unlimited number of persons to it in a manner allowing such access to be made from a place and at a time individually chosen by each of them, without owing remuneration for this and without territorial limitations (for the whole world). The right under the preceding paragraph is granted for the time during which the User Content is placed on a server of CoKitchen, as well as for a reasonable period after its removal or deletion.
9.2. When using the Services subject to these General Terms and Conditions, the USER has access to various content and resources that are the subject of copyright or other intellectual property rights of CoKitchen, other USERS or the respectively indicated persons. The USER has access to the content for the purpose of using it for personal needs in accordance with these General Terms and Conditions and does not have the right to use, record, store, reproduce, modify, adapt or publicly distribute intellectual property objects that have become accessible to them when using Services, except if it concerns insignificant in volume information intended for personal use, provided that the legitimate interests of authors or other holders of intellectual property rights are not unreasonably harmed, in case copying or reproduction is performed for non-commercial purposes, as well as in case the respective content has been provided by them or they have received the explicit consent of the respective right holders. Regardless of the above, the USER does not have the right to remove trademarks and indications of belonging to another intellectual property right from materials accessible to them, regardless of whether the holder of the respective rights is CoKitchen or another USER.
9.4. The intellectual property rights in all intellectual property objects – materials, databases and other resources placed on the Website, outside User Content placed by USERS on the Website cokitchen.bg, are subject to protection in accordance with the Copyright and Related Rights Act and/or the Trademarks and Geographical Indications Act, belong to CoKitchen or the respectively indicated person who has transferred the right of use to CoKitchen and may not be used in violation of applicable legislation.
9.5. In case the USER considers that their intellectual property rights have been violated by another user, they should notify CoKitchen in writing at the management address specified in these General Terms and Conditions or by letter sent to the email address indicated for contact with CoKitchen. The notification should contain accurate identification of the material for which it is claimed that it has been published in violation of intellectual property rights, indication of the person or persons whose intellectual property rights have been violated and the basis on which these persons have become holders of the respective rights, as well as address and phone for contact with the USER. CoKitchen at its discretion takes the actions specified in section 11.1 of these General Terms and Conditions.
X. LIABILITY. LIMITATION OF LIABILITY
10.1. CoKitchen exercises care in providing the USER with the opportunity for normal use of Services, but insofar as their provision is free, it does not have the obligation and does not guarantee that they will satisfy the USER's requirements, nor that they will be continuous, timely or secure. By accepting these General Terms and Conditions, the USER declares that the use of the Services provided will be entirely at their risk and responsibility, and the parties agree that CoKitchen is not liable for any damages caused to the USER when using the Services provided.
10.2. CoKitchen is not responsible for the availability and quality of goods and the content of services brought to the attention of the USER by publishing on the Website electronic links, advertising banners and messages for sale of goods and provision of services by third parties and/or by attaching such to the text of commercial messages sent to them at the email address specified by them during registration or generated during their registration. Insofar as the actions of these third parties are not under the control of CoKitchen, it is not responsible for the unlawful nature of the activity of third parties or for the occurrence, guarantee, performance, modification and termination of obligations and commitments undertaken in connection with goods and services offered by third parties, as well as is not liable for damages suffered and lost profits resulting from these relationships.
10.3. CoKitchen is not responsible for non-provision of services upon occurrence of circumstances outside its control – in cases of force majeure, fortuitous events, problems in the global Internet network and in the provision of services outside the control of CoKitchen, problems due to the USER's equipment, as well as in case of unauthorized access or intervention of third parties in the functioning of the information system or servers of CoKitchen.
10.4. CoKitchen is not responsible for damages caused to the USER's software, hardware or facilities, or for data loss resulting from materials or resources sought, loaded or used in any way through the Services provided.
10.5. CoKitchen is not responsible to the USER and third parties for damages suffered and lost profits resulting from termination, stopping, modification or limitation of the provision of any of the Services, provision for use of Services, deletion, return, non-receipt, modification, loss, unreliability, inaccuracy, or incompleteness of items, messages, materials or information used, recorded or made accessible through the Website cokitchen.bg.
10.6. The parties accept that CoKitchen is not responsible for non-provision of Services or their provision with degraded quality as a result of tests performed by CoKitchen for the purpose of checking equipment, connections, networks and others, as well as tests aimed at improving or optimizing the Services provided. In these cases, CoKitchen notifies the USER in advance of the possible temporary non-provision, or respectively the degraded quality of Services.
10.7. By accepting these General Terms and Conditions, the USER declares that they are aware of the possibility of eventual interruptions and other difficulties in establishing the Internet connection to the Website cokitchen.bg, which may occur regardless of the care exercised by CoKitchen. The USER declares that they will not claim any compensation from CoKitchen for lost profits, damages suffered or inconveniences resulting from occurrence of the above-mentioned interruptions or difficulties in the Internet connection, including with respect to the capacity of this connection.
10.8. CoKitchen is not responsible and does not owe compensation to a person whose personal data has been used by another person for using the Services provided by CoKitchen, regardless of whether they have given or not given consent for this.
XI. COKITCHEN RIGHTS IN CASE OF NON-FULFILLMENT OF USER OBLIGATIONS
11.1. CoKitchen has the right to stop, limit or modify the Services provided to the USER, as well as to notify competent state authorities, if by their behavior the USER, in CoKitchen's assessment, violates provisions of applicable Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties, as well as at any time and without prior warning to stop access to any content placed on the Website cokitchen.bg by the USER, for which it assesses or receives information from third parties that it contradicts applicable Bulgarian legislation, these General Terms and Conditions or their or third party rights and legitimate interests, including intellectual property rights, until resolution of such dispute by an act of a competent state authority.
11.2. Upon receipt of an order from competent state authorities regarding User Content, CoKitchen has the right without prior warning to stop access to such User Content or to perform other actions, in accordance with the order received.
11.3. CoKitchen has the right without notice to deactivate the password for access to the USER's user profile in case the USER, in CoKitchen's assessment, violates provisions of applicable Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties. In these cases, CoKitchen has the right to terminate the USER's registration, to discontinue the provision of Services to the USER under section 2.3 and to delete from its servers all User Content placed by them. The contract with the USER is considered automatically terminated as of the date of termination of their registration.
11.4. When it receives information that gives sufficient grounds to assume that the USER's behavior when using the Services of the Website cokitchen.bg could represent a crime or administrative violation, CoKitchen has the right at its discretion to notify competent state authorities, providing them with the necessary assistance and all necessary information and materials requested in due order, which in the assessment of the respective authority would help identify the perpetrator and prove the crime or administrative violation committed.
11.5. In the above cases, CoKitchen is not responsible for damages suffered and lost profits by the USER or third parties resulting from stopping, modification or limitation of Services, termination of the contract or provision of information or execution of orders of competent state authorities.
XII. PERSONAL DATA PROTECTION
12.1. CoKitchen has the right to collect and use information regarding USERS. The information through which a person can be identified may include name, middle name, surname, date of birth, gender, place of residence, email, as well as any other information that the USER voluntarily enters, uses or provides when using the Services of the Website cokitchen.bg. In order to avoid any doubt, User Content is not considered personal data and therefore is not subject to the protection provided regarding the USER's personal data in accordance with these General Terms and Conditions.
12.2. Each registered USER through their email address and password has the right to online access to their user profile, where they can correct and update their personal data stored by CoKitchen.
12.3. CoKitchen exercises due care and is responsible for protection of information about the USER that has become known to it in connection with the provision of Services subject to these General Terms and Conditions, except in cases of force majeure, fortuitous event or malicious actions of third parties, as well as in cases where the USER themselves has made this information accessible to third parties.
12.4. In the registration form filled in by the USER when concluding the contract, CoKitchen clearly indicates the mandatory or voluntary nature of providing data and the consequences of refusal to provide. By expressing consent to these General Terms and Conditions, the USER agrees that information about them will be processed in the manner provided for in them.
12.5. CoKitchen collects and uses the information under section 12.1 for the purposes provided for in these General Terms and Conditions, including for offering new services to users, offering goods and/or services offered by other persons, for promotions, organizing raffles, inquiries, for statistical and any other purposes, and by registering for use of Services, the USER agrees to receive commercial messages sent by CoKitchen. The described purposes for which the information may be used are not exhaustively listed and do not create obligations for CoKitchen.
12.6. By accepting these General Terms and Conditions, the USER agrees to the processing of their personal data for the purposes of direct marketing. The USER has the right to object to the processing of their personal data for the purposes of direct marketing by sending a written message to CoKitchen at the indicated address or email address for contacts. The USER has the right to be notified before their personal data are disclosed for the first time to third parties or used by their name for the purposes of direct marketing by being provided with the opportunity to object to such disclosure or use.
12.7. CoKitchen undertakes not to edit or disclose any personal information about the USER or about their use of Services and not to provide the collected information to third parties – state authorities, commercial companies, natural persons and others, except in cases where: a/ this is provided for in these General Terms and Conditions or the USER has given their explicit consent during registration or at a later time; b/ this is necessary for the performance of a normatively established obligation of CoKitchen; c/ the information is requested by state authorities or officials who according to applicable legislation are authorized to request and collect such information subject to compliance with legally established procedures; d/ the information regarding personal data is provided to employees or subcontractors of CoKitchen for activities related to administration of the same and use of Services; e/ other cases indicated in the law.
12.8. When using the Website cokitchen.bg, CoKitchen has the right to automatically store certain information that a computer or other terminal device of the USER sends to a server of CoKitchen in connection with the USER's activity. The information is stored in log files on servers of CoKitchen and may include the USER's IP address, date and time when the respective page of the Website cokitchen.bg was visited, time spent on it, etc. In addition, CoKitchen stores the USER's IP address, as well as any other information necessary for identifying the USER and reproducing their electronic statement under section 3.2, or respectively section 3.3.1 for acceptance of General Terms and Conditions, in case of occurrence of a legal dispute.
12.9. CoKitchen has the right, but not the obligation, to install on the USER's computer or other terminal device cookies – small text files that are stored by an Internet page through an Internet server on the USER's hard disk and allow recovery of information about the USER, identifying them, as well as tracking their actions.
XIII. TERMINATION AND DISSOLUTION OF THE CONTRACT
13.1. In addition to the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon occurrence of any of the following circumstances: a/ cessation of CoKitchen's activity or termination of maintenance of the Website cokitchen.bg; b/ mutual agreement of the parties for termination; c/ other cases provided for in the law.
13.2. In case of termination of the contract between the parties on any grounds, CoKitchen has the right to immediately stop the access of the respective USER to their user profile, terminate their registration and delete from its servers all User Content placed by them, subject to compliance with the requirements of applicable legislation. In case of termination of the contract, CoKitchen is not responsible for damages suffered and lost profits by the USER or third parties resulting from stopping the USER's access to their user profile, termination of their registration, deletion of User Content placed by the USER from CoKitchen's servers, as well as resulting from provision of information or execution of orders of competent state authorities.
XIV. OTHER CONDITIONS
14.1. Written or electronic statements and messages provided for in the contract and these General Terms and Conditions are considered validly made if they are made in the form of a letter with return receipt, facsimile message, email, clicking a virtual button on the Website cokitchen.bg and similar, insofar as the statement is technically recorded in a manner that allows it to be reproduced.
14.2. By accepting these General Terms and Conditions and concluding a contract between them, the parties express their agreement to consider electronic statements sent between them as received upon their entry into the information system specified by the addressee, without it being necessary to explicitly confirm this. When CoKitchen is the addressee of the statement, entry of the statement into the information system specified by the addressee is considered its entry into a server for email of CoKitchen. When the USER is the addressee of the statement, entry of the statement into the information system specified by the addressee is considered its entry into the email box specified during their registration, located on a server within the respective domain addressing the box. In case the USER has specified an invalid email box, the statement will be considered received only upon its sending by CoKitchen, even if it has not been received.
14.3. The parties agree that in case any of the clauses under these General Terms and Conditions proves invalid, this will not entail invalidity of the contract, of other clauses or parts thereof. The invalid clause will be replaced by the mandatory norms of the law or established practice.
14.4. The Website cokitchen.bg is maintained by CoKitchen through technical equipment located on the territory of the European Union. CoKitchen does not guarantee and is not responsible for the accessibility and proper provision of Services of the Website cokitchen.bg outside the territory of the Republic of Bulgaria, as well as in particular settlements where delivery is not carried out, only unpaid services may be used. In case 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 legislation in accordance with the place of use of Services.
14.5. For all matters not regulated by this contract, the provisions of applicable legislation of the Republic of Bulgaria apply.
14.6. All disputes between the parties are resolved in a spirit of understanding and good will. In case agreement is not reached, all unresolved disputes arising from the contract between the parties or relating to it, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes for filling gaps in the contract or adapting it to newly arisen circumstances, will be resolved by the court competent under applicable Bulgarian legislation.
According to the applicable legislative system, the sale of alcohol and cigarettes is prohibited for persons under 18 years of age. In case of doubt on the part of the delivery person during finalization and delivery of the order made, the client is obliged to verify and show their identity card. In case the client is a person under 18 years of age, alcohol or cigarettes will not be delivered and will be returned to the establishment serving the delivery area.
