GENERAL TERMS

GENERAL TERMS AND CONDITIONS FOR THE USE OF SERVICES PROVIDED BY THE MERCHANT

I. GENERAL PROVISIONS

1. This document contains General Terms and Conditions under which the MERCHANT provides services to its users/customers through the Internet website www.apettini.com. These conditions bind all users.

2. Identification of the user/customer for the purpose of reproducing their statement regarding acceptance of the General Terms and Conditions, as well as the made order, is carried out through the log files stored on the server, storage of the user's/customer's IP address, as well as any other information.

3. The products found on our internet page do not constitute a legally binding offer but rather serve as a demonstrative online catalogue describing the merchant's product line.

4. After clicking the "Buy" button and subsequently the "Confirm Order" button, users agree to purchase the goods in the cart. This action has legal binding force. The customer receives confirmation of the order, and with the receipt of this confirmation, it is considered that the contract has been concluded.

5. The MERCHANT reserves the right to refuse delivery of a confirmed order if the goods are not available. In case of lack of stock availability of the requested goods, within the working week, the MERCHANT notifies the user/customer about the shortage by sending a message to the email address provided by the customer or the specified phone number. If a transfer has been made to the merchant's account, the customer will be able to choose between refunding the amounts, cancelling the order, or through a substitute order.

6. The contractual language is Bulgarian, and payments will be made in Bulgarian Lev with VAT.

II. DELIVERY

1. The user/customer bears the entire risk of damage or loss of the goods during delivery. Immediately after handing over the goods to the courier, the MERCHANT is released from the risk, which is transferred to the user/customer. The MERCHANT is not responsible for delays if the delay is due to a courier or another delivery service.

2. Immediately after delivery, the goods should be carefully inspected by the user/customer or an authorized person. Any damages to the integrity of the goods and other damages should be reported immediately to the MERCHANT. If it is determined that there are damages resulting from the transportation of the goods, the MERCHANT is not responsible for the warranty service of this item. In cases where the MERCHANT has specified a specific date and time for delivery in writing, the statement has binding force. If incorrect or wrong address, contact person, and/or telephone number are provided when submitting the order, the MERCHANT is not bound by any obligation to fulfil the order.

8a. Upon delivery of the goods, the user/customer or a third-party signs the accompanying documents. A third party is considered anyone who is not the applicant but accepts the goods upon delivery and is at the address specified by the client. In case of refusal to receive the goods, except in the cases described below, the refusal is considered unjustified, and the client owes payment for the delivery and return costs. If the client cannot be found within the delivery period at the specified address or access and conditions for delivering the goods are not ensured within this period, the MERCHANT is released from the obligation to deliver the ordered goods.

8b. When the delivered goods clearly do not correspond to the goods ordered by the client and this can be established through an ordinary inspection, the client may request the delivered goods to be replaced with goods corresponding to their purchase order within 24 hours of receiving them.

III. WARRANTY PERIODS

The MERCHANT offers a warranty document to its clients for purchased goods if such a document is provided by the manufacturer of the goods. The document describes: the address and telephone number of the authorized service centres for the purchased goods, the warranty conditions of the respective service centres or manufacturers, and the warranty period of the goods purchased by the user/client.

IV. PRICES

1. The prices listed on the site include all taxes and fees. The value of transportation costs, not included in the price of the goods, is determined by the MERCHANT and provided as information to the CLIENT when selecting the goods for concluding the sales contract and before finalizing the order.

V. RIGHTS AND OBLIGATIONS OF THE USER/CLIENT

1. The user/client has the opportunity to browse and, after registration, order the advertised goods on the Internet store.

2. The user/client has the right to be informed about the status of their order.

3. The user/client bears full responsibility for preserving their username and password, as well as for all actions performed by them or a third party using the username and password. The user is obligated to immediately notify the MERCHANT of any case of unauthorized access using their username and password, as well as whenever there is a danger of such use.

4. The user is obligated to pay the price of their order according to the announced method on the page.

5. Every user, whether they are a client of the MERCHANT or not, when using the services, is obligated to:

• Not violate and respect the fundamental rights and freedoms of citizens and human rights, according to the Constitution and laws of the Republic of Bulgaria and recognized international acts.

• Not harm someone else's reputation and not incite towards violent change of the constitutionally established order, towards committing a crime, towards violence against individuals, or towards inciting racial, national, ethnic, or religious hatred.

• Not violate others' property or non-property, absolute or relative rights and interests, including the right to ownership, intellectual property rights, etc.

• Comply with Bulgarian legislation, applicable foreign laws, rules of morality and good manners, and Internet etiquette when using the provided digital services.

• Immediately notify the MERCHANT of any case of committed or discovered violation when using the provided services.

• Not upload, send, transmit, distribute, or make available to third parties software, computer programs, files, applications, or other materials containing computer viruses, systems for unauthorized remote control ("Trojan horses"), computer codes, or materials intended to interrupt, hinder, disrupt, or limit the normal functioning of computer hardware or software or telecommunication facilities or aimed at unauthorized penetration or access to foreign resources or software;

• Not perform malicious actions.

• The user/client is obligated to compensate the MERCHANT and all third parties for all suffered damages and missed benefits, including any expenses and paid legal fees, incurred as a result of claims filed and/or compensations paid to third parties in relation to Internet pages, hyperlinks, materials, or information that the user has used, placed on the server, sent, distributed, made available to third parties, or made accessible through [website name] in violation of the law, these General Terms and Conditions, Good Morals, or Internet etiquette.

• 14a. The client undertakes to provide an accurate and valid telephone number, delivery address, and email address, to pay the price of the goods, to cover the delivery costs when they are not free, and to ensure access and the ability to receive the goods. If it is not explicitly stated that the delivery is free, it is considered chargeable.

VI. RIGHTS AND OBLIGATIONS OF THE MERCHANT

1. The MERCHANT does not have the obligation and objective possibility to control how users utilize the provided services.

2. The MERCHANT has the right, but not the obligation, to retain materials and information located on the website server.

3. The MERCHANT has the right at any time, without notifying the user/client, when the latter uses the services in violation of these terms, as well as at the discretion of the MERCHANT, to terminate, stop, or change the provided services related to the use of the site. The MERCHANT is not liable to users and third parties for damages and lost profits arising from the termination, stopping, changing, or limiting of services, deletion, modification, loss, unreliability, inaccuracy, or incompleteness of messages, materials, or information transmitted, used, recorded, or made accessible via [website name].

17a. After receiving the payment, the MERCHANT undertakes to transfer the ownership of the purchased goods to the user/client, to deliver the purchased goods within the specified timeframe, and to check the technical condition of each item before sending it (if possible, without compromising the integrity of the packaging).

1. The MERCHANT is not liable for damages caused to software, hardware, or telecommunication facilities, or for data loss resulting from materials or resources sought, loaded, or used in any way through the provided services. Advice, consultations, or assistance provided by the MERCHANT's specialists and employees in connection with the use of services by users does not create any liability or obligations for the MERCHANT. The company is not liable for the inaccuracy of the information provided by the manufacturer about the goods.

VII. DATA COLLECTION AND USAGE

1. The MERCHANT has the right to collect and use information relating to its users/clients, regardless of whether they are registered.

2. The information mentioned in the previous clause can be used by the MERCHANT, unless the user expressly objects, which should be sent to the following email address: apettinifamily@gmail.com. The MERCHANT collects and uses the information to improve the provided services. All purposes for which the MERCHANT will use the information will be in accordance with Bulgarian legislation, applicable international acts, and good morals.

3. The MERCHANT is not liable for the failure to fulfil its obligations under this agreement in the event of circumstances that the MERCHANT did not foresee and was not required to foresee – including cases of accidental events, problems in the global Internet network, and the provision of services beyond the control of the MERCHANT.

4. The MERCHANT has the right to install cookies on the users' computers. Cookies are text files that are saved by the Internet page onto the user's hard drive and allow the recovery of information about the user, identifying them and enabling tracking of their actions, the Internet pages they visit, the hyperlinks they use, the information they access and record, and other activities.

VII. PERSONAL DATA

23. The MERCHANT guarantees the confidentiality of the information and personal data provided by its Users/customers. The latter will not be used, disclosed, or made known to third parties except in cases and under the conditions specified in these General Terms and Conditions. The MERCHANT protects the personal data of the customer/user, which become known when filling out the electronic form for making a purchase request, as this obligation does not apply if the Customer has provided false data. In compliance with applicable legislation and the clauses of these General Terms and Conditions, the MERCHANT may use the personal data of the Customer solely for the purposes provided in the contract. Any other purposes for which the data is used will be in accordance with Bulgarian legislation, applicable international acts, Internet ethics, moral rules, and good customs.
23a. The MERCHANT is obliged not to disclose any personal data about the Customer to third parties - state authorities, commercial companies, individuals, and others, except in cases where it has received the explicit written consent of the Customer, the information is requested by state authorities or officials who are authorized by law to request and collect such information. The MERCHANT is obliged to provide the information by law.

VIII. AMENDMENTS

24. The General Terms and Conditions may be changed at any time by the MERCHANT, who also has the right to modify the characteristics of the services provided and these General Terms and Conditions based on changes in legislation. The MERCHANT is obliged to notify the User of changes in the General Terms and Conditions by publishing a notice of the amendments in a prominent place on its website and providing a sufficient period for the User to familiarize themselves with them. Within that period, if the User does not declare that they reject the changes, they are considered bound by them. If the User declares within the given period that they do not agree with the changes, the MERCHANT has the right to immediately suspend or terminate the provision of services to the User.

IX. TERMINOLOGY

25. "User/customer" refers to anyone who has accessed the website www.apettini.com on their computer.
26. "Order" refers to the selected goods and all other attributes related to the method of delivery and payment for the goods by the customer/user.
27. The online store is owned by the MERCHANT.

28. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In case an agreement cannot be reached, all unresolved disputes, including disputes arising from or relating to its interpretation, invalidity, performance, or termination, as well as disputes regarding filling gaps in the contract or adapting it to newly arisen circumstances, shall be settled by the competent court where the TRADER is registered, in accordance with Bulgarian legislation.

X. Refusal of an Order and Refunding Amounts Paid by Bank Card

29. Upon receiving the shipment, the Consumer must check its contents at the time of receipt in the presence of the courier. If they notice damage to the contents of the shipment or missing items, the Consumer must immediately notify us on the phone number listed on the delivery note. Failure to comply with this condition means that claims for food products and missing items will not be considered and therefore cannot be satisfied.

Claims for food products will be accepted up to 14 days from the date of receipt of the goods, provided that the product and packaging are in an undamaged commercial condition. The cost of returning the goods in this case is borne by the customer.

According to the law, the refund will be made within 30 (thirty) days from the date of return.

If payment was made by bank card, refunds will be processed through a reverse operation on the card used for payment within 15 days.

In case of damage to the goods due to transportation, a report is drawn up in three identical copies, which is signed by the Consumer and the courier.

If, for any reason, the product is delivered to the customer with a defect not described in the product description or for another valid reason, the replacement or return of the goods will be carried out at our expense.

Appendix No. 6 to Art. 47, para. 1, item 8 and Art. 52, para. 2 and 4 of the CPA
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL

To ………………………
/name of the trader/
……………………………………………………………………..
/address, EIK/

With this notification, I inform you that I am withdrawing from the purchase agreement concluded by me for the following goods/services:
…………………………………………………. /description of the product/
The goods were ordered on ………………….
The goods were received on …………………. /indicate the date of receipt by the consumer/
………………………………………………………………………../Name of the consumer/
City/village……………………………………………………………. /Address of the consumer/
………………. …………………………….
/Date/                                                                         /Signature of the consumer/

The consumer has the right to withdraw unconditionally from a distance contract or an off-premises contract within 14 days without incurring any costs, except for delivery costs if they have chosen a different method than the standard cheapest one offered by the trader for delivering the order, as well as the costs of returning the goods.

The 14-day period begins to run from the date of:

conclusion of the contract – for service contracts;

acceptance of the goods by the consumer or a third party other than the carrier.

Within 14 days after notifying their intention to withdraw from the contract, the consumer must return the goods to the trader. Within 14 days from the date on which they were notified of the consumer's decision to withdraw from the contract, the trader shall reimburse all sums received from the consumer, including delivery costs.

In case of non-compliance with the general terms and conditions by www.apettini.com, consumers can contact:

Consumer Protection Commission – https://www.kzp.bg

European Consumer Center – http://www.ecc.bg/

Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=BG