general terms

YOUR USE OF THIS SITE momenti.bg IS SUBJECT TO THESE GENERAL TERMS OF USE. BY ACCESSING (LOADING) THE SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREIN, AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS BELOW, PLEASE DO NOT USE THE SITE. BY USING THE SITE, YOU DECLARE, IN ADDITION TO YOUR AGREEMENT WITH THEM, THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND BE BOUND BY THESE TERMS.

General terms and conditions for using the services provided through momenti.bg

These general terms and conditions govern the relationships between the User/Users of the information platform momenti.bg (electronic store) and the owner of the platform, which arise in connection with and on the occasion of browsing the site, using the services provided by it, as well as in the event of concluding a purchase and sale contract electronically.

The information platform is owned by “Chaimania” EOOD/the Provider , UIC 203112138 , office: Sofia, 116 Al. Stamboliyski Str., contact phone: +359 2 9854000 , with administrative address: Sofia, 116 Aleksandar Stamboliyski Blvd.

1. Definitions of terms used in the text of the general terms and conditions:

Website: (“website”) is a separate location on the global Internet network, accessible through its unified address (URL) via HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources;

Information platform for online shopping: is a comprehensive product that enables the User/Users to access a variety of information through hyperlinks to resources located on the Owner's server or on other servers outside the latter's control;

A User/Consumer is a natural or legal person, registered as such under the laws of the Republic of Bulgaria, who has registered a User/User Profile within the online shopping information platform.

A User/Username is a unique code of letters, numbers and characters chosen by the User/User, through which he/she is individualized in his/her relations with the Contractor.

A password is a code of letters, numbers and characters, which together with the User/Username individualizes the User/User and which together with the User/Username serves to access the User/User's profile.

User/User profile is a separate part of the website www.momenti.bg containing information about the User/User, provided by him/her upon registration and stored, used and processed by “Chaimania” EOOD/the Supplier , UIC 203112138 , solely and exclusively for the purposes of Art. 4, para. 1, item 3 of the Personal Data Protection Act. Access to the client profile is achieved by entering a User/Username (email) and password. The User/User profile provides the User/User with the opportunity to review and edit the data entered during registration at any time, as well as provides full access to all of his/her purchase requests, provides the opportunity to opt out of receiving messages for informational and advertising purposes, etc.;

Price: is the price of the goods announced next to each item, representing the value for one item, the price being announced in Bulgarian leva, not including the price for delivery. In case the price is announced in another currency, the selling price of the items is transformed into Bulgarian leva based on the daily exchange rate of the Bulgarian National Bank on the day of submitting the request;

Price – delivery: the price for delivery of the requested products;

The final price: is the sum of the price of the selected item(s) together with the delivery price, announced in BGN;

Item: a certain type of commodity that has its own identification and individualization.

1. Description

An information platform for online shopping, located at the Internet address with the domain momenti.bg, provides the User/Users with the opportunity to shop for goods such as food supplies and cosmetics with direct delivery to the region of the Republic of Bulgaria, without the need to register a User Profile. In case of a desire to register a profile, the User/User must follow the steps listed below, and in case of refusal, the User/User follows only the steps regarding the order.

The Site establishes contact between User/Users and suppliers/manufacturers, including logistics for the receipt, processing and delivery of the goods selected by the User/User.

III. Profile, Rights and Obligations of the User/User (registered and unregistered)

The rules of this section of these general terms and conditions apply to User/Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration on the information platform, it can be concluded that they are User/Users within the meaning of the Consumer/User Protection Act, the Electronic Commerce Act of the Republic of Bulgaria and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of the Consumer/User in respect of distance contracts.

1. Steps

In the online platform, both natural and legal persons registered as such under the current legislation in the Republic of Bulgaria can create a User/User Profile. In order to create an active User/User Profile, the person must fill out the registration form available on the platform, indicating a valid e-mail address , three names, delivery address, contact phone number and password. The completed form becomes an electronic document within the meaning of Art. 3 of the Electronic Communications Act, upon registration, the User/User expressly indicates that he/she agrees with these general terms and conditions, and according to Art. 3 para. 2 of the Electronic Communications Act, the written form is considered completed and both parties to the contract are bound by them.

By registering on the platform, the User confirms that the data in the registration form is correct and does not violate the rights and interests of third parties.

2. Rights and obligations of the User/Users

A. The User is responsible for all his/her actions resulting from the use of the site through his/her profile, including for concluded contracts and payments made. When using the online platform, the User is obliged to avoid performing actions that violate the law.

B. The User/User undertakes, when using the access granted to him/her to the electronic system, to comply with Bulgarian legislation, applicable foreign laws and these General Terms and Conditions. Not to violate other people's property or non-property rights, including intellectual property rights; to immediately notify the site of any committed or discovered violation, not to interfere with the proper operation of the system, including, but not limited to, not to thwart the identification procedure of another User/User, not to access beyond the granted one, not to impair or impede the availability, reliability or quality of the granted access, as well as not to use it in a manner that causes refusal to use it. Not to impersonate another person or otherwise mislead third parties regarding their identity or affiliation with a certain group of people, not to commit malicious acts within the meaning of these General Terms and Conditions.

C. User/The User may not extract, reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the website, as well as create their own database in electronic or other form from the information resources belonging to the databases located on the website, without the express permission of “Chaimania” EOOD/The Provider , UIC 203112138 .

3. Personal data protection
   A. “Chaimania” Ltd./The Supplier , UIC 203112138 , is a registered personal data administrator within the meaning of the Personal Data Protection Act and undertakes to exercise due care and is responsible for protecting the information about the User/User that has become known to him/her upon registration - subject to these General Terms and Conditions, except in cases of force majeure, accidental event, malicious actions of third parties or upon order from state authorities or officials who, according to the current legislation, are competent to request and collect such information, within the framework of their activities and in compliance with the legally established procedures;

B. In the registration form filled out by the User, “Chaimania” EOOD/the Supplier , UIC 203112138 , indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide it. By expressing agreement with these General Terms and Conditions, the User agrees to have his/her information processed in accordance with the procedure provided for therein.

C. The restrictions under letter "A" do not apply in the event that the User/User or persons under his control have committed malicious acts within the meaning of these General Terms and Conditions or have violated the rights or legitimate interests of third parties. In this case, "Chaimania" EOOD/the Supplier , UIC 203112138 , has the right to provide the personal information about the User/User to the relevant competent state authorities, in accordance with the current legislation.

D. By accepting (checking the "I accept" box) these General Terms and Conditions, the User agrees to have his/her Personal Data used by "Chaimania" Ltd./the Supplier , UIC 203112138 , for identification under concluded contracts, accounting purposes, statistical processing and marketing purposes in accordance with Article 4 of the Personal Data Protection Act.

IV. Order

4. The prices of the goods and items offered through the online shopping platform accessible through the domain momentie.bg are prices excluding the price for delivery. The price for delivery is determined separately when placing the order.

5. Consumers/Users primarily use the interface on the page of “Chaimania” EOOD/the Supplier , UIC 203112138 to conclude contracts for the purchase and sale of the goods offered by the Supplier on the information platform for online shopping.

6. The contract is concluded in Bulgarian.

7. The contract between “Chaimania” EOOD/the Supplier , UIC 203112138 and the Consumer/User represents these general terms and conditions, available at http://momentite.bg/obshti-uslovia

8. The party to the contract with “Chaimania” EOOD/the Supplier , UIC 203112138 is the User/the User/the User according to the data provided during registration and contained in the personal profile of the User/the User/the User.

9. This contract is considered concluded from the moment of completion and confirmation of the registration form in the information platform by the User/User/User for the respective request. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the Supplier's interface.

10. The Supplier expressly notifies the User of the conclusion of this contract and the conclusion of the contract for the purchase and sale of goods in an appropriate manner by electronic means, namely by sending an email to the email address from the registration form.

11. “Chaimaniya” EOOD/the Supplier , UIC 203112138 , delivers the goods to the address specified by the User/Users/Users and is not responsible in the event that the data specified by the Users is incorrect or misleading.

12. Steps that a User must go through to place and have a valid order:

• selection of item, by type and characteristics;

• adding to "basket";

• registration, - for a new User, or login to the information platform system - for registered Users, or choosing the option without registration;

• choosing the type of payment that will be most convenient for the Consumer/User, as well as the method of delivery (by courier or other);

• familiarization with and agreement to the general terms of use;

• After completing the above steps, the User confirms the order on the site again, which action validates it and is binding on the parties.

13. Ordering rules: The contract concluded between the User and the site is a distance sales contract under the terms of advance or deferred payment. The methods and means of payment are:

• Advance:

- Revolut, Bank Path and Apple Pay/Google Pay and credit cards

• Cash on delivery:

- when delivering to an exact address;

- upon receipt at the office of the respective courier company or at an authorized office of momenti.bg.

1. Delivery

1. The Consumer/User has the right to choose whether the goods requested, ordered and prepaid (or deferred for payment after delivery) by him can be delivered directly to the address specified by him, by courier or to pick it up in person from the office of “Chaimania” Ltd./The Supplier , UIC 203112138 .

2. The value of courier and transportation costs is not included in the price of the goods and items. It is determined according to the tariffs of the selected courier, and the Consumer/User can find out about it from their tariff table.

3. Delivery time: within 14 business days after acceptance and processing of the order. The Supplier reserves the right to extend the delivery time by up to 30 business days, in circumstances other than normal. The Supplier will notify the User/User via email, in such a case, of the circumstances, options and rights.

4. In the event that the selected, ordered and prepaid item is out of stock and the supplier is unable to fulfill the order, the amount transferred by the User is refunded. If the order was paid online with a credit/debit card, the amount is refunded to the same card used for payment. The User has the right, upon his/her express request, to have the paid amount refunded.

5. Responsibility

1. “Chaimania” Ltd./The Supplier , UIC 203112138 , does not guarantee the truthfulness, accuracy and reliability of any materials contained on the Site. All materials are intended for information only and do not constitute advice to purchase the relevant Goods.

2. In the event of technical errors in the content, validly concluded Sales Contracts bind the parties thereto, unless they are destroyed in accordance with the applicable legislation - in the latter case, neither the Consumer/User nor “Chaimania” EOOD/Supplier , UIC 203112138 will owe compensation to any of the parties.
   
   3. In accordance with Art. 6 of the ZPA, “Chaimaniya EOD/Supplier” offers in a specially designated section goods and products with deviations from the indicators announced in the other sections, the sale of which does not pose a danger to the life and health of the Consumer/User.

4. “Chaimania” EOOD/The Provider , UIC BG203112138 does not guarantee continuous and fully reliable access to the Site and does not assume any liability for losses or damages arising as a result of problems with access to the Site.

5. “Chaimania” Ltd./The Supplier , UIC 203112138 reserves the right to suspend the Site at any time without giving any reason, including but not limited to updates, improvements or maintenance, and is not liable for such suspension.

6. “Chaimania” Ltd./The Supplier , UIC 203112138 is not responsible for the content of sites accessible through hyperlinks (references, links) published on the Site, in accordance with the provisions of the Electronic Commerce Act.

7. The copyright and all other intellectual property rights in materials contained on the Site, together with its design, images and source code, belong to “Chaimania” Ltd./the Supplier , UIC 203112138 and are protected by national and international legislation in force in the field of intellectual property.

8. “Chaimania” EOOD/The Supplier , UIC 203112138 may amend these General Terms of Use at any time by publishing a new version thereof indicating the date of the relevant amendments and the date of their entry into force. For services provided before the date of entry into force of the amendments, the rules of the General Terms of Use in force at that time will apply.

9. The User/User undertakes, when using the access provided to him/her to an Internet-based information system:

• to comply with Bulgarian legislation, these General Terms and Conditions and to conform his/her behavior to good morals;

• not to interfere with the proper functioning of the system

• not to violate other people's property or non-property rights and to immediately notify “Chaimania” EOOD/the Supplier , UIC 203112138 of any committed or discovered violation;

• not to impersonate another person or otherwise mislead third parties about their identity or affiliation with a particular group of people;

• not to commit malicious acts within the meaning of these General Terms and Conditions;

10. The User/User may not extract, reproduce, delete, erase, modify, distribute and otherwise disclose the information resources published on the “momenti.bg” website, as well as create their own database in electronic or other form from the information resources belonging to the databases located on the “momenti.bg” website, without the express permission of “Chaimania” EOOD/the Provider , UIC 203112138 .

6. Complaints and Claims

1. The User/Users have the right to file a complaint or to withdraw from the concluded contract within the terms and under the conditions provided for and regulated by the laws of the Republic of Bulgaria, in particular the Consumer/User Protection Act.

2. The Consumer/User has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 working days from the date of receipt of the goods.

3. The right of withdrawal under paragraph 1 does not apply in the following cases:

• for the supply of goods and provision of services, the price of which depends on fluctuations in the financial markets, which “Chaimania” EOOD/the Supplier , UIC 203112138 is not able to control;

• for the delivery of goods made according to the requirements of the Consumer/User or upon his/her individual order;

• for the delivery of goods which, due to their nature, are consumable or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products;

• for the delivery of audio and video recordings or software products printed by the User;

• for the delivery of newspapers, magazines and other periodicals;

4. The right of withdrawal is not valid for the goods listed under section 5, item 2 of these General Terms and Conditions, and they are not subject to return and/or complaint.

5. When the Supplier has not fulfilled its obligations to provide information, as defined in Art. 54 of the Consumer/User Protection Act - Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, the Consumer/User has the right to withdraw from the concluded contract within a period of three months from the date of receipt of the goods. When the information under this paragraph is provided to the Consumer/User within the withdrawal period, the same shall start to run from the date of its provision.

6. In the event that the Consumer/User exercises his/her right of withdrawal under para. 1, “Chaimania” EOOD/the Supplier , UIC 203112138 is obliged to refund the full amount paid by the Consumer/User no later than 30 calendar days from the date on which the Consumer/User exercised his/her right of withdrawal from the concluded contract. The costs of returning the goods are deducted from the amount paid by the Consumer/User under the contract, unless the Consumer/User has returned the goods at his/her own expense and has notified the Supplier thereof.

7. In case the payment was made with a bank card, the refund will be made by ordering a reverse transaction on the card with which the payment was made within 30 days.
8. Commercial communications

By accepting these general terms and conditions, the User gives his/her consent for the site to send him/her messages for informational and advertising purposes in connection with the offers and promotions offered by the site.

8. Applicable Law

Any dispute regarding the validity of these General Terms and Conditions for the use of the site, or their violation, including disputes and disagreements regarding the validity, interpretation, termination, performance or non-performance of obligations of the parties, will be settled by the parties in an amicable manner. If no agreement is reached, the dispute will be referred for resolution to the relevant court of general jurisdiction in the city of Sofia in accordance with the Civil Procedure Code.

A decision by a competent court or a change in legislation that makes any of the terms of these General Terms and Conditions for the use of the site invalid, void or unenforceable will apply only to that term and will not make any other term invalid, void or unenforceable, and all other terms will remain in full force and effect, to the extent that they are not materially affected by the change.

The provisions of Bulgarian civil law shall apply to all unresolved issues.

By checking the box against the General Terms and Conditions of “Chaimania” Ltd./Supplier , UIC 203112138 , the USER/ BUYER/declares that he is familiar with these General Terms and Conditions and accepts them unconditionally, and undertakes to comply with them.

These general terms and conditions and the contract of the Consumer/User/User with “Chaimania” EOOD/the Supplier , UIC 203112138 shall be terminated in the following cases:

• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

• by mutual consent of the parties in writing;

• unilaterally, with notice from either party in the event of failure to fulfill the obligations of the other party;

• in the event of objective impossibility of one of the parties to the contract to fulfill its obligations;

• upon seizure or sealing of equipment by government authorities;

• in the event of deletion of the registration of the User/User/User in the information platform for online shopping. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

• in case of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act.

Your use of the internet portal www.momenti.bg constitutes your acceptance of all rules, conditions and instructions.

These General Terms and Conditions and Rules for Working with Customers of “Chaimania” Ltd./The Supplier , UIC 203112138