Terms and conditions of using Rezzo
GENERAL TERMS AND CONDITIONS FOR USE OF WWW.REZZO.BG
The present document addresses the General Terms and Conditions of the contract for use of the services provided by HEPINES EOOD through a website for online restaurant reservations www.Rezzo.bg (hereinafter referred to as: the General Terms) and regulates the relations between HEPINES EOOD and any of the website www.Rezzo.bg USERS.
In the interpretation and application of these General Terms, the terms and expressions used will have the following meanings:
1.1. IP Address is a unique identifier, associating device, website, or USER resource in a way that allows it to be localized on the global Internet network.
1.2. HEPINES EOOD (hereinafter referred to as: ReZZo.bg) is a company with UIC: 103279218, with headquarters and address of management: Varna, 25, Roza str., and address for correspondence: Varna, 25, Tsar Osvoboditel Blvd., e-mail: firstname.lastname@example.org , which provides the services subject to the present General Terms, through its web site: http://rezzo.bg .
1.3. The website www.Rezzo.bg is a website through which, USERS are provided the opportunity to make a reservation of a table at a MERCHANT restaurant.
1.4. Electronic referral is a link denoted on a specific website that allows automated forwarding to another website, information resource or object through standardized protocols.
1.5. Malicious acts are acts or omissions that violate Internet ethics or harm persons connected to the Internet or associated networks, including but not limited to sending spam, junk mails, flooding, receiving access to resources with foreign rights and passwords, use of hack systems, performance of actions that can be qualified as industrial espionage or sabotage, damage or destruction of systems or information (crack), sending Trojan horses, or causing virus or remote control systems to disturb the normal operation of other Internet USERS and associated networks, as well as performing any actions that can qualify as crime or administrative violation under Bulgarian legislation or other applicable law.
1.6. Internet page is part of a website that may be a composite or separate website.
1.7. Information system means a device or a system of connected devices, one 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 www.Rezzo.bg website.
1.9. USER account is a discrete part of www.Rezzo.bg , containing information about the USER, provided by him at registration and stored by www.Rezzo.bg , and the access to the account being made by entering an e-mail and a password. The account allows the USER to review and edit the data entered during the registration, to change his / her password, to subscribe, respectively to unsubscribe, to receive a newsletter, etc.
1.10. e-mail address is the USER selected e-mail address, which is his or her own, through which he is individualized in www.Rezzo.bg .
1.11. Password is a USER selected alphanumeric code, which together with his / her e-mail address identifies the same.
1.13. Server is a device or a system of connected devices that has a system software installed to perform tasks related to storing, processing, receiving, or transmitting information.
1.14. Website is the distinct place on the global Internet network available through its HTTP or HTTPS unified URL, and contains files, programs, text, sound, picture, image, electronic references or other materials and resources.
1.15. Blog is a website whose content is regularly supplemented with comments, descriptions of events, files and other information materials presented in chronological order.
1.16. Accidental event is any unforeseen at the time of conclusion of the contract event, a circumstance of extraordinary nature, which renders its implementation objectively impossible.
1.17. Commercial communications are advertising or other communications that represent, directly or indirectly, the goods, services or reputation of a person engaging in commercial or artisanal activity or practicing a regulated profession.
1.18. MERCHANT is any natural or legal person registered as a merchant under the Commerce Act, who through the website www.Rezzo.bg offers to USERS reservations of a table in a restaurant / club or restaurant /.
II. SUBJECT OF THE CONTRACT
2.1. ReZZo.bg, through the website www.Rezzo.bg shall provide on-line to the USER the services provided in these General Terms (hereinafter referred to as: the Services), subject to strict compliance by the latter with the requirements set forth in these General Terms.
2.2. Part of the website Services of www.Rezzo.bg shall be provided to all USERS without the need for registration. Such services shall be, but not limited to: access to and use, in accordance with the rules of these General Terms, of a variety of information resources available through the www.Rezzo.bg website - news, funny publications, promotions, calendar of upcoming events, trainings and seminars, catalog with electronic links to Bulgarian and foreign sites, or other content provided by www.Rezzo.bg , as well as USER Content published on the website www.Rezzo.bg .
2.3. The use of any additional part of the Services via the www.Rezzo.bg website / making reservations, etc. / shall be possible only after registration, creation of the USER account and entering the USER name and password.
2.4. The relations between USERS and www.Rezzo.bg in connection with offers, access and use of Services via the www.Rezzo.bg website shall be governed by the rules set forth in the General Terms for use of the relevant services available through the website www.Rezzo.bg .
III. FIELD OF APPLICATION. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
3.1. These General Terms shall apply for the USERS who have registered with the website www.Rezzo.bg (hereinafter referred to as: Registered USERS). These General Terms shall apply accordingly for the USERS who have not registered on the website www.Rezzo.bg (hereinafter referred to as: unregistered USERS), and their rights shall be limited to the use of Services described in item 2.2.
3.2. The text of these General Terms shall be available on the Internet at www.Rezzo.bg in a way that shall allow its storage and reproduction. A link to the website with the text of these General Terms shall be located on each page of the website www.Rezzo.bg . With any use of the services and resources of the www.Rezzo.bg website, including opening of a website from the www.Rezzo.bg website, as well as clicking on ac link from the home page or any other website page of www.Rezzo.bg by USERS shall require their declaration that they are familiar with these General Terms, agree with them and undertake to respect them.
3.3. In order to be entitled to use the services under item 2.3. of these General Terms, the USER shall be obliged to register in advance by filling in the relevant e-registration form, available on-line on the Internet at www.Rezzo.bg .
3.3.1 In the process of registration, by marking the box I agree with the Site Terms of Service and pressing the Confirm virtual button, the USER, or the parent or the guardian of the USER respectively, expressly shall make an e-statement within the meaning of the Electronic Document and electronic signature, stating that he / she is familiar with these General Terms, accepts them, agrees with them and undertakes to respect them.
3.3.2 With the registration, the USER shall have access to all services offered by www.Rezzo.bg . When completing the registration form, the USER shall be obliged to provide full and correct data about his / her identity, respectively the personality of the USER and the other data required by the e-form of www.Rezzo.bg , as well as to update them immediately upon each change thereof. The USER shall ensure that the data he provided during the registration process shall be true, complete and accurate, and when modified, he / she will update them in a well-timed manner.
3.3.3 In the event of non-submission of the personal data required in the registration form, www.Rezzo.bg shall be entitled to decline the registration.
3.3.4 In the event of incorrect data being provided or non-reflection of the changes made, www.Rezzo.bg shall be entitled to terminate or suspend without delay the provision of the Services, as well as the upkeep of concerned registration. In this case, the termination of the provision of the Services shall be considered an automatic termination of the contract.
IV. E-MAIL AND PASSWORD. USER ACCOUNT
4.1. Upon registration, the USER shall specify his / her e-mail address and password. If the e-mail address shall not already been used for registration, the USER shall register successfully and shall have access to his / her account, as well as the opportunity to use the Services provided under the provisions of item 2.3.
4.2. By means of an e-mail address the USER shall be individualized when using the Services provided for under the provisions of item 2.3. www.Rezzo.bg shall not check and shall not be responsible for the match of the e-mail address with the USER name, or whether it shall affect the rights of third parties and in particular the right to name or other personal rights, the right to trade name (company), trademark rights or other intellectual property rights.
4.3. The password shall be an alphanumeric code of letters, numbers, and characters that together with the e-mail address shall serve to access a particular account.
4.4. The USER shall be liable not to disclose his /her password to third parties and to notify immediately www.Rezzo.bg in case of unauthorized access, as well as in the event of possible unauthorized access. The USER shall be liable to undertake all necessary care and measures that are reasonably practical in order to protect his / her password and shall be fully responsible for all actions performed by him / her or by a third party through use.
4.5. The USER account shall be a discrete part of the website www.Rezzo.bg , containing information about the registered USER provided during the registration process and stored on a server at www.Rezzo.bg . Through his / her profile, the USER shall be able to process, adjust, activate or deactivate different services provided for under the provisions of item 2.3. on www.Rezzo.bg , to manage his / her content on the server on www.Rezzo.bg , to update data provided at registration, to change password, etc.
4.6. In order to access the Services of the website www.Rezzo.bg , the USER shall register on the indicated website or undertake any other actions, as required by the General Terms for the respective Service.
4.7. Each USER may have only one active account. Registration shall be prohibited under a fictitious name or under a foreign person name. www.Rezzo.bg shall be entitled to decline the registration of a person for whom has received information that he / she provides untrue or third party data.
V. CONCLUSION, TERMINATION AND CANCELLATION OF THE CONTRACT
5.1. The contract between the parties shall take effect from the time the USER shall objectively agree to these General Terms as described in paragraph 3.2 or 3.3.1.
5.2. The contract shall be concluded in Bulgarian language.
5.3. The contract shall be in effect:
a) for unregistered USERS - until the termination of the use of Services under item 2.2.;
b) for the registered USERS - for an indefinite period from registration of the USER until the termination of the contract in the order provided for in these General Terms.
5.4. Except as provided for in these General Terms, the contract between the parties shall be terminated in the event of any of the following circumstances:
a) suspending the activity of ReZZo.bg or terminating the upkeep of the website www.Rezzo.bg ;
b) mutual consent of the parties for contract termination;
c) any other cases provided by the legislation.
5.5. In case of termination of the contract between the parties for any reason, ReZZo.bg shall be entitled to terminate immediately the access of the respective USER to his / her account, to terminate his / her registration, and to delete from the servers all the USER Content, subject to the applicable legislation. In the event of termination of the contract, ReZZo.bg shall not be liable for any damages and lost profits by the USER or third parties, occurring as a result of termination of USER access to his / her account, the termination of his / her registration, the deletion of USER content from the ReZZo.bg servers, as well as the provision of information or execution of instructions by the competent state authorities.
VI. AMENDMENTS OF THE GENERAL TERMS
6.1. With a view to periodically amending and modifying the Services, such as upgrading and extension, and in connection with eventual legislative changes that shall affect any Services provided, the General Terms may be unilaterally amended by ReZZo.bg. Such amendments may also occur when the type, nature or technology of the Services provided shall change, or upon termination of the provision of certain Services, as well as in the event of change of the economic conditions.
6.2. When making amendments to the General Terms, ReZZo.bg shall inform the USERS about by publishing them on the website www.Rezzo.bg and ReZZo.bg shall provide USERS with a two-week term to familiarize with the amendments made in the General Terms once they take effect.
6.3. These General Terms, as well as any future amendments thereto, shall also apply to the existing registered USERS at the date of their entry into force. Within the deadline provided for under item 6.2. they shall be entitled to declare, by sending a message to ReZZo.bg, that they reject the amendments. In the event that a statement of rejection of the amendments shall not be received from ReZZo.bg, it shall be considered that the USER shall be bound by them. The declaration by a registered USER that he / she shall not agree with the amendments in the General Terms will cause automatic termination of the contract between the USER and ReZZo.bg for the Services provided through the website www.Rezzo.bg , where ReZZo.bg shall be entitled to immediately stop the respective USER access to his / her account, to terminate his / her registration, and to delete all of his / her USER Content from the respective servers.
VII. CONSUMER RIGHTS AND OBLIGATIONS
7.1. The USER shall provide all necessary client tools for use of the Services provided by ReZZo.bg (terminal devices for Internet access and related software applications) and Internet access.
7.2. The USER shall be entitled to access on-line the Services provided through the website www.Rezzo.bg , subject to the conditions and access requirements set by ReZZo.bg.
7.4. The USER shall undertake during use of the services provided by ReZZo.bg not to upload, to save on the server of ReZZo.bg, and not to disclose in any way to third parties USER content - information, data, text, messages, and any other materials or electronic references to materials:
a. contrary to the Bulgarian legislation, the applicable foreign legislation, the present General Terms, the Internet ethics, the rules of morality and the decent mores;
b. with violence content (including violence against animals), agitation to violence, humiliation of human dignity, threat to life and human integrity;
c. with pornographic or open sexual content;
d. containing clearly identifiable bodies of victims of accidents and other serious incidents;
e. containing offences to a religion or containing religious agitation;
f. being trade or business secrets or other confidential information;
g. which are subject to an intellectual property right of third parties, except with the consent of the right holder;
h. violating any proprietary, intangible rights or legitimate interests of third parties;
i. propagating discrimination based on gender, race, educational attainment, age and religion or preaching fascist, racist or other undemocratic ideology;
j. damaging any third party or person reputation and calling for violence against the constitutionally established order, committing a crime, violence against the person, or raging racial, national, ethnic or religious enmity;
k. containing information encouraging or facilitating the commission of terrorist activity;
l. containing information about third party passwords or access rights without the consent of their owner, and software to access such passwords or rights.
7.5. The USER shall undertake when using the Services provided by ReZZo.bg:
a. not to perform malicious acts within the meaning of these General Terms;
b. to immediately notify ReZZo.bg of any case of an infringement committed or discovered in the use of the services provided;
c. not to present as another person;
d. not to use methods leading to the unintentional uploading of Internet-enabled content (pop-ups, blind link, and the like).
7.6. The USER shall be entitled at any time at his / her own discretion to discontinue the use of the Services provided by ReZZo.bg by deactivating the provision of the USER account or other designated website, or terminating his / her registration on the website www.Rezzo.bg , and accordingly cease the use of the Services under item 2.2. From the moment of the registration termination, or for the unregistered USERS - from the moment of services discontinuation under item 2.2, the contract between the parties shall be considered automatically terminated and ReZZo.bg shall discontinue the access of the respective USER to his / her USER account and cancel access to and delete from its servers all of USER Content in accordance with these General Terms. Deactivating the provision of certain Services shall not result in termination of the contract.
7.7. USER shall access and use any content posted on the www.Rezzo.bg website, including USER Content, solely for personal use for non-commercial purposes subject to the requirements of these General Terms.
7.8. The USER shall undertake not to perform or attempt to gain unauthorized access to the services provided by www.Rezzo.bg by intercepting and using third party passwords or any other methods, not to circumvent, damage or in any other way disturb the normal operation of technical or software applications on the website www.Rezzo.bg that prevent or restrict access to third parties electronic mailboxes, administrative panels, computer systems and networks associated with the Services provided.
VIII. RIGHTS AND OBLIGATIONS OF ReZZo.bg
8.1. ReZZo.bg shall undertake due care to provide the USER with the opportunity for normal use of the Services.
8.2. ReZZo.bg shall not have the obligation and the objective possibility to control the way the USER uses the provided Services and shall not be responsible for the purposes and activities of the USER in connection with the use of the Services, as well as the type and nature of the USER Content. ReZZo.bg shall not have the obligation to monitor the information stored on its servers or made available by the provision of the Services or to seek facts and circumstances indicating that the USER has committed an illegal activity through the use of the Services.
8.3. In accordance with the requirements of the Bulgarian legislation in force, ReZZo.bg shall store information materials and resources located by the USER on a server at www.Rezzo.bg and shall be entitled to provide them to the competent state authorities in cases where it shall be necessary for preservation of rights, legitimate interests, and the security of ReZZo.bg or third parties, as well as in the cases where these shall be demanded by the respective state authorities in due order.
8.4. In case of non-use of USER account for 60 (say: sixty) days after registration or 120 (say: one hundred and twenty) days from last use, ReZZo.bg shall be entitled to cease without prior notice the respective USER access to his / her USER account, to terminate registration and to delete all of USER Content from its servers. From the moment the registration shall be terminated, the USER binding contract shall automatically terminate.
8.5. ReZZo.bg shall be entitled to place on each page of the website www.Rezzo.bg , including in the USER accounts, e-links, advertising banners, and other advertising forms for goods and services offered by ReZZo.bg or third parties, as well as e-links and advertising banners to websites which are not under the control of ReZZo.bg. ReZZo.bg shall not be responsible for the content, authenticity and legality of such websites or resources and for services or resources, which have become available to the USER when using the website www.Rezzo.bg Services.
8.6. ReZZo.bg shall be entitled to send commercial messages to the USERS in order to offer information and advertisements about its own or offered by other commercial companies goods and / or services, to make inquiries on a variety of questions, to conduct inquiries and other. By accepting these General Terms, as well as by indicating in the registration form that he / she wishes to receive such commercial communications, the USER shall agree to receive commercial communications from ReZZo.bg.
8.7. ReZZo.bg shall be entitled, but shall not be obliged, in its sole discretion and without warning, to discontinue access to and / or remove USER content when the same shall reveal to be contrary to the requirements set forth in these General Terms.
8.8. ReZZo.bg shall be under no obligation to stop access to and / or remove USER Content posted on the website www.Rezzo.bg at the request of the USER who posted it.
8.9. ReZZo.bg shall be entitled, at its own discretion and without warning, to temporarily suspend or restrict the USER access to the Services provided for under the provision of item 2.3, as well as the access of other USERS to USER Content located therein when, at the discretion of ReZZo.bg or according to information received from third parties, the USER uses the Services in violation of the Bulgarian legislation, the present General Terms, the good manners or other applicable norms.
8.10. ReZZo.bg shall reserve the right to temporarily or permanently discontinue the provision of specific Services available through the website www.Rezzo.bg , by informing the USER with a message on the respective website or on USER account.
8.11. Each restaurant shall reserve the right to contact a reservation customer by phone or e-mail address that he / she has left for contact for further details and reservations, including the cancellation of a reservation or request to change the date and time.
IX. INTELLECTUAL PROPERTY
9.1. By placing USER Content in any form on the website www.Rezzo.bg , the USER shall grant to ReZZo.bg the non-exclusive right to use, record, store, publicly disseminate it on the Internet, including offering access to an unlimited number of persons to it in such a way that it can be accessed from a place and at a time individually selected by such persons without having to pay for it and without territorial restrictions (for the entire world). The right under the preceding paragraph shall be granted for the time that the USER Content shall be located on a ReZZo.bg server and for a reasonable period after its removal or deletion.
9.2. In the use of the Services subject to these General Terms, the USER shall be granted access to a variety of content and resources that are subject to copyright or other intellectual property rights of ReZZo.bg, to other USERS or to specifically designated persons. The USER shall be granted access to the content solely for personal use in accordance with these General Terms and shall not be entitled to use, record, store, reproduce, alter, adapt or publicly distribute intellectual property objects that have become available to him / her during the use of the Services, unless it is a small amount of information for private use provided that the legitimate interests of the authors or other holders of intellectual property rights shall not unduly be prejudiced, and that the copying or reproduction shall be done for non-commercial purposes, and in the event that the relevant content has been provided by it or has been obtained with the explicit consent of the respective right holders. Notwithstanding the foregoing, the USER shall not be entitled to remove any trademark and other trademark rights of any intellectual property right from the available materials, regardless of whether the respective rights holder is ReZZo.bg or other USER.
9.4. The intellectual property rights of all objects subject to intellectual property - materials, databases, and other resources located on the website outside the USER Content placed by the USERS at www.Rezzo.bg shall be subject to protection under the Copyright and Related Rights Act and / or the Marks and Geographical Indications Act, are property of ReZZo.bg or to a designated person who has granted the right to use ReZZo.bg and cannot be used in violation of the current legislation.
9.5. In the event that the USER shall consider that his / her intellectual property rights have been violated by other USER, he / she shall inform ReZZo.bg in written to the address stated in the present General Terms, or by letter sent to the e-mail address indicated for contact with ReZZo.bg. The notification should contain a precise identification of the alleged infringed intellectual property, indication of the person or persons whose intellectual property rights have been violated and the basis on which those persons have become holders of the relevant rights, as well as an address and a contact telephone number of the USER. ReZZo.bg, at its discretion, shall undertake the actions referred to in item 11.1. of these General Terms.
X. RESPONSIBILITY. LIMITATION OF LIABILITY
10.1. ReZZo.bg shall take care of providing the USER with the opportunity for normal use of the Services, but as long as their provision shall be free, there shall be no obligation and shall not guarantee that they will satisfy the USER requirements, nor will they be uninterrupted, timely or secure. By accepting these General Terms, the USER shall declare that the use of the Services will be entirely at his own risk and liability, and the parties shall agree that ReZZo.bg shall not be responsible for any damage caused to the USER in the use of the provided Services.
10.3. ReZZo.bg shall not be responsible for the availability and the quality of the goods and the content of services brought to the attention of the USER by way of publishing on the website of e-links, advertising banners and messages for sale of goods and provision of services by third parties and / or by attaching them to the text of commercial messages sent to USER at an e-mailbox specified by USER at the time of his / her registration or generated upon his / her registration. Insofar as the actions of these third parties shall not be under the control of ReZZo.bg, the same shall not be responsible for any unlawful nature of third parties activity or for the occurrence, the guarantee, the execution, the modification and the termination of commitments and pledges in relation to the offered Services.
10.4. ReZZo.bg shall not be responsible for failing to provide Services in the event of circumstances beyond its control - in cases of force majeure, accidental events, problems in the global Internet network, and for the provision of Services beyond the control of ReZZo.bg due to the USER equipment, as well as in case of unauthorized access or intervention of third parties in the functioning of the information system or servers of ReZZo.bg.
10.5. ReZZo.bg shall not be liable for any damages caused to the USER software, hardware or equipment, or for loss of data resulting from materials or resources searched, loaded, or used in any way through the provided Services.
10.6. ReZZo.bg shall not be liable to the USER and to third parties for any damages and lost profits resulting from the termination, suspension, modification or limitation of the provision of any of the Services provided for use, as well as the deletion, the return, the non-receipt, the modification, the loss, the inaccuracy, the incorrectness or the incompleteness of items, messages, materials or information used, recorded or made available through the www.Rezzo.bg website.
10.7. The parties shall accept that ReZZo.bg shall not be responsible for the non-provision of the Services or the rendering of the Services in a poor quality as a result of tests carried out by ReZZo.bg for the purpose of checking equipment, connections, networks and other tests, aimed at improving or optimizing the Services provided. In these cases, ReZZo.bg shall inform the USER in advance about the possible temporary failure to provide, respectively for degraded quality of the Services.
10.8. By accepting these General Terms, the USER shall declares that he / she is aware of the possibility of any interruptions and other difficulties in the implementation of the Internet connection to the website www.Rezzo.bg , which may arise regardless of the ReZZo.bg undertaken care. USER shall declare that he / she will not claim any compensation from ReZZo.bg for lost profits, suffered damages or inconveniences as a result of the above interruptions or difficulties of the Internet connection, including in relation to the capacity of such connection.
10.9. ReZZo.bg shall not be liable and shall not owe compensation to a person whose personal data are used by another person for the use of the Services provided by ReZZo.bg, whether or not he / she has given his / her consent.
XI. RIGHTS OF ReZZo.bg IN THE CASE OF NON-PERFORMANCE OF USER OBLIGATIONS
11.1. ReZZo.bg shall be entitled to suspend, restrict or change the Services provided to the USER, as well as to refer to the competent state authorities if by its behavior, the USER at the discretion of ReZZo.bg violates the provisions of the current Bulgarian legislation, of the current General Terms or the rights and legitimate interests of third parties, and at any time and without prior notice, to stop access to any content located on the website www.Rezzo.bg by the USER for which it considers or receives information from third parties that it is in conflict on the current Bulgarian legislation, the present General Terms or third party rights and legitimate interests, including intellectual property rights, until such a dispute is resolved by an act of a competent state authority.
11.2. Upon receipt of an order from a competent government authorities concerning USER Content, ReZZo.bg shall be entitled, without prior notice, to stop access to such USER Content or to perform other actions, according to the order received.
11.3. ReZZo.bg shall be entitled without prior notice to deactivate the password for access to the USER account in the event that at the discretion of ReZZo.bg the USER violates the provisions of the current Bulgarian legislation, the present General Terms or the rights and legitimate interests of third party. In such cases, ReZZo.bg shall be entitled to terminate the registration of the USER, to discontinue the provision of the USER of the Services provided for under the provisions of item 2.3., and delete all of the USER Content from its servers. The contract with the USER shall be deemed to be automatically terminated from the date of registration termination.
11.4. When receiving information that provides reasonable grounds to assume that the USER behavior in using the Services on the website www.Rezzo.bg could constitute a crime or administrative violation, ReZZo.bg shall be entitled at its discretion to refer to the competent authorities and provide them with the necessary assistance and all needed information and materials requested in due course, which, at the discretion of the relevant authority, would help identify the perpetrator and prove the perpetrator crime or administrative violation.
11.5. In the above cases, ReZZo.bg shall not be liable for any damages and lost profits by the USER or third parties resulting from the suspension, modification or restriction of the Services, termination of the contract or provision of information or execution of orders of the competent state authorities.
12.1. The USER shall be obliged to indemnify ReZZo.bg and all third parties for any damages and lost profits, including any pecuniary sanctions, attorney fees and other expenses incurred as a result of actions brought by and / or paid to third parties in connection to materials that the USER has made available to third parties or made available through the use of the Services provided by ReZZo.bg in violation of Bulgarian legislation, applicable foreign laws, the present General Terms or good morals, and in conjunction with other violations of obligations under these General Terms.
12.2. Notwithstanding the above, the USER shall undertake to indemnify ReZZo.bg for any damage caused by the use of the Services provided by third parties to whom the USER has provided his / her password or secret question and answer in breach of these General Terms.
12.3. Parents, custodians, guardians or trustees of a minor shall be responsible for all damages caused to ReZZo.bg and third parties by the registration and use of the Services subject to these General Terms, and to all damages as a result of the indicating false data or incorrect declaration under item 3.3.2.
12.4. The obligations of the persons under this item 12 shall continue to be in force after the termination of the contract with the USER.
XIII. BOOKING ON THE WEBSITE WWW.REZZO.BG
13.1. ReZZo.bg shall provide the USER with the possibility to book through the www.Rezzo.bg website a table in a MERCHANT club / restaurant at pre-defined by the MERCHANT terms and conditions, which may include but shall not be limited to: a certain percentage discount from the bill; use of certain foods / drinks at a promotional price; keeping a table in VIP hall of the restaurant; buying a holiday voucher, and more.
13.1.2. All information on booking offers and their general terms and conditions found on the website www.Rezzo.bg , shall be provided by the MERCHANT who manages the establishment where the booking is offered. The MERCHANT shall provide for booking a limited number of tables with a certain percentage discount depending on the day and time of the reservation, as well as a limited number of tables at a discount or at a discount only for specific meals. The limited number of discount and non-discount tables shall depend entirely on the MERCHANT judgment and the size of the group for which the USER shall wish to make a reservation.
13.2. In order to avoid any doubt, the Services provided by ReZZo.bg through the website www.Rezzo.bg shall only involve the provision of mediation (virtual contact) between the USER and the MERCHANT for the purpose of making a reservation by the USER at the MERCHANT establishment.
13.2.1. When making a reservation through the website www.Rezzo.bg , a contract by distance shall be concluded between the USER and the MERCHANT, under which the MERCHANT shall be obliged to provide the USER with the opportunity to book under the terms and conditions stipulated therein. The meals (and related recreational activities) included in the reservation shall be fulfilled by the MERCHANT solely on the day and time for which the reservation is made, therefore the USER shall not be entitled to cancel the contract under the provisions of Articles 50- 56 of the Contracts and Liabilities Act. ReZZo.bg shall not be a party in the contract between the USER and the MERCHANT and shall not have any obligations or liability to the USER in case the MERCHANT shall fail to provide the USER with the use of the reservation at his restaurant or shall fail to observe the terms and conditions of the reservation.
13.2.2. The MERCHANT shall be the sole seller of the goods / services offered with the reservation and shall be the sole responsible for the compliance with the normative acts related to their advertising, offering and delivery, incl. the Foodstuff Act, the Consumer Protection Act, the Protection of Competition Act, and others. ReZZo.bg shall not be responsible for the quantity, quality and other terms and conditions of the Services provided in the establishment.
13.2.3. When transferring money from the USER to a ReZZo.bg account in connection with making a reservation (e.g. booking a VIP room, purchase of a voucher, etc.), ReZZo.bg shall receive these amounts in the name and on behalf of the MERCHANT by transferring them on his account. In cases of USER claims for refund of sums paid under the preceding sentence, such claims shall be directed solely to the MERCHANT.
13.3. By uploading the website www.Rezzo.bg , the USER shall enjoy the opportunity to get acquainted in detail with the published offers for reservations and their terms and conditions.
13.4. In the event where the USER shall wish to make a reservation through the provided platform, he /she must open a page - part of the website www.Rezzo.bg , containing a specially prepared interface through which the USER shall make the e-statement of intent to make a reservation. If the USER shall not have registration on the website www.Rezzo.bg , he / she shall have to undergo a short registration procedure whereby voluntarily, according to these General Terms, shall provide the data necessary for making the booking and confirm the acceptance of these General Terms.
13.4.1. If an advance payment shall be required for the reservation, the reservation will be deemed to have been made on payment of the amount by the USER. Payments shall be made through a comprehensive ways listed on the Website www.Rezzo.bg .
13.4.2. After making the reservation, the USER shall receive a personal reservation code by e-mail or SMS generated by the www.Rezzo.bg website, while ReZZo.bg shall send a notification to the MERCHANT for the reservation made at his establishment.
13.5. The USER shall not be allowed to make more than three bookings for the same date or to make a reservation for a certain date and time if there is another active reservation for the same day within +/- 2 hours of the reservation he / she wants to make.
13.5.1. Discounts on one booking account cannot be combined with other promotions and discounts.
13.5.2. Upon prepayment by the USER of a reservation entitling a VIP room, if the value of the actual consumption shall prove to be lower than the amount paid, the MERCHANT shall not owe to return the difference. In the event that the cost of consumption shall exceed the prepayment, the USER shall be obliged to pay the MERCHANT the difference.
13.5.3. Upon prepayment by the USER for a reservation including a purchased holiday voucher, in case when using the reservation the USER consumes food / drinks shall not be included in the voucher, USER shall be obliged to pay the price to the MERCHANT.
13.6. The USER shall be entitled to cancel the reservation no later than 15 minutes before the time specified for using it by clicking on the Cancel button in the current reservation in the My Reservations section of the USER account.
13.6.1. The USER shall not be entitled to cancel a reservation if a prepayment of the amount of money has been provided by the USER for such cancellation (e.g. while booking a VIP room, buying a holiday voucher, etc.). In the event that the USER shall not appear at the establishment on the date of the reservation, USER cannot claim the return of cash advance paid at the time of reservation, which shall remain in favor of the MERCHANT.
13.6.2. In the event of a reservation made no later than 15 minutes before the time of its use or in case of non-observance of a reservation without any prior cancellation, ReZZo.bg shall warn the USER at the e-mail address, which is registered with www.Rezzo.bg , to observe the relevant rules and the possible consequences of non-compliance. In the case of three or more violations committed under this item, ReZZo.bg shall add the USER to a black list database - a list of clients whose accounts shall be deactivated and they shall be denied access to the Services of ReZZo.bg.
13.7. The reservation made and its terms and conditions / incl. discount, promotional prices, VIP room, voucher, etc. / shall be used by the USER only on the date and time for which the reservation is made. The USER shall be obliged to arrive at the restaurant according to the day and time of the reservation, and his reservation shall be kept until 15 minutes after his / her start time. If the USER shall be late for booking for more than 15 minutes, the MERCHANT shall be entitled to decline accommodation and / or to provide the conditions under which the reservation is made.
13.7.1. Upon arrival at the restaurant, the USER shall be obliged to inform the host / service staff of the restaurant for the reservation made through the website www.Rezzo.bg , as well as to show the personal code of his / her reservation via the SMS or via e-mail received for confirmation from ReZZo.bg.
13.7.2. The MERCHANT shall check the personalized code in the electronic system http://rezzo.bg/restaurant/reservations and after making sure that the reservation is valid, shall mark it in the electronic system as used and shall provide the USER with the conditions stipulated in the reservation.
220.127.116.11. Under the current legislation, the sale of alcohol and cigarettes is prohibited for persons under 18 years of age. In case of doubt by employees of the establishment in which the reservation is made, the USER shall be obliged to certify his / her age by presenting an identity document. In the event that the USER shall be a minor, he / she shall not be entitled to order, receive and use alcoholic beverages and tobacco at the establishment.
13.7.3. Upon receipt of the bill, the USER shall be liable to verify that the conditions of the booking (e.g. accrual of a discount rate, promotional price, deduction of a prepaid amount, etc.) are attached correctly, as well as signed on to the account. In the event that the reservation conditions shall not be correctly applied, the USER shall be liable to immediately notify the service personnel in order to make the necessary adjustments.
13.8. Upon denial by the MERCHANT to fulfill its reservation obligations, for reasons for which the USER shall not be liable, the USER shall be obliged to immediately inform ReZZo.bg, which shall mediates between the USER and the MERCHANT to solve the problem.
XIV. PROTECTION OF PERSONAL DATA
14.1. ReZZo.bg shall be entitled to collect and use personal information about the USERS. The information by which the person can be identified may include name, surname, surname, date of birth, gender, location, e-mail, and any other information that the USER voluntarily introduces, uses or provides when using the Services of the website www.Rezzo.bg . In order to avoid any doubt, the USER Content shall not be considered personal data and shall therefore not be subject to the protection provided with respect to the USER personal data under these General Terms.
14.2. Each registered USER through his USER name and password shall be entitled to online access to his /her account in order to correct and update personal data stored by ReZZo.bg.
14.3. HEPINES Ltd. is entered in the Register of personal data controllers under the number 19791, in accordance with the certificate of CPD number 19791 / 21.10.2010. ReZZo.bg shall take due care of the collection, processing and storage of the USERS personal data in strict compliance with the provisions of the Personal Data Protection Act.
14.4. ReZZo.bg shall take due care and be responsible for protecting the USER information that has become known regarding the provision of the Services subject to these General Terms, except in cases of force majeure, accidental events or malicious actions of third parties, as well and in cases where the USER has made this information available to third parties.
14.5. In the registration form filled in by the USER at the time of signing the contract, ReZZo.bg clearly shall indicate the mandatory or voluntary nature of the provision of the data and the consequences of refusal to provide such. By agreeing with these General Terms, the USER shall agree that the information about him / her will be processed in the manner provided for therein.
14.6. ReZZo.bg shall collect and use the information under item 4.1.1 for the purposes provided in these General Terms, including offering new consumer services, offering goods and / or services by others, promotions, organizing lotteries, queries, for statistical and any other purposes, and by registering for the use of the Services, and the USER shall agree to receive commercial messages sent by ReZZo.bg. The described purposes for which the information may be used shall not be considered as exhaustively listed and shall not create obligations for ReZZo.bg.
14.7. By accepting these General Terms, the USER shall agree to the processing of his or her personal data for direct marketing purposes. The USER shall be entitled to deny the processing of his / her personal data for direct marketing purposes by sending a written message to ReZZo.bg at the specified address or e-mail for contact. The USER shall be entitled to be informed before his or her personal data are first disclosed to third parties or used on their behalf for the purposes of direct marketing by being given the opportunity to deny such disclosure or use.
14.8. ReZZo.bg shall undertake not to edit or disclose any personal information about the USER or its use of the Services, and not to provide collected information to third parties - state authorities, commercial companies, individuals, etc., except in the cases when:
a) this is provided in these General Terms or the USER has given its explicit consent upon registration or at a later date;
b) this is necessary to fulfill a statutory obligation of ReZZo.bg;
c) information is required by government bodies or officials who, under current legislation, are authorized to request and collect such information in accordance with statutory procedures;
d) the personal data information is provided to employees or subcontractors of ReZZo.bg for the administration of the same and the use of the Services;
e) any other cases mentioned in the law.
14.9. When using the website www.Rezzo.bg , ReZZo.bg shall be entitled to automatically store certain information that a computer or other terminal device of the USER sends to a ReZZo.bg server in connection with the USER activity. The information shall be stored in log files on ReZZo.bg servers and may include the USER IP address, the date and time of the visit of respective ReZZo.bg website, the time spent on it, etc. In addition, ReZZo.bg shall store the USER IP address as well as any other information necessary to identify the USER and reproduce his e-statement provided under the provisions of items 3.2 and 3.3.1 respectively for agreement with the General Terms, in case of litigation.
14.10. ReZZo.bg shall be entitled, but not obliged, to install on the computer or other terminal device cookies - small text files that are saved from a web page through an Internet server on the USER hard disk and allow recovering USER information by identifying it, and tracking its actions.
XV. OTHER TERMS AND CONDITIONS
15.1. The written or e-statements and messages provided in the contract and in the present General Terms shall be considered valid if they are made in the form of a letter with acknowledgment of receipt, fax, e-mail, virtual button click on the website www.Rezzo.bg and other similar, insofar as the statement shall be recorded in a way that enables it to be reproduced.
15.2. With the acceptance of these General Terms and the conclusion of a contract, the parties shall express their consent to consider the e-statements made between them as received by the addressee information system without the need for express confirmation. When ReZZo.bg shall be the addressee of the statement, the receipt of the statement to an information system specified by the addressee shall be considered to be the entry into POP3 servers of ReZZo.bg. When the USER shall be the addressee of the statement, the receipt of the statement to an information system indicated by USER shall be considered to be the receipt of the statement in the e-mailbox indicated at registration, located on a server within the respective domain addressing box.
In the event that the USER has indicated an invalid e-mail box, the statement will be deemed to have been received only by sending it by ReZZo.bg even if it has not been received.
15.3. The parties shall agree that if any of the clauses in these General Terms shall be invalid, it will not result in the invalidity of the contract, other clauses, items or parts thereof. The invalid clause or item will be replaced by the mandatory rules of the law or established practice.
15.4. The website www.Rezzo.bg is maintained by ReZZo.bg using technical equipment located on the territory of the Republic of Bulgaria. ReZZo.bg does not guarantee and shall not be responsible for the accessibility and proper provision of the Services on the website www.Rezzo.bg outside the territory of the Republic of Bulgaria as well as in particular the settlements in which ReZZo.bg does not provide the possibility of reservation at a restaurant table. In case the USER uses the Services subject to these General Terms outside the territory of the Republic of Bulgaria, the USER shall be solely responsible for observing the applicable legislation in accordance with the place of use of the Services.
15.5. All provisions not addressed by this Agreement shall be governed by the provisions of the applicable legislation of the Republic of Bulgaria.
15.6. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that consent shall not been reached, any unresolved disputes arising out of, or relating to, the parties to the contract, including disputes arising out of, or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or its adaptation to newly emerging circumstances, shall be settled by the competent Court according the Bulgarian legislation in force.
XVI. GENERAL TERMS AND CONDITIONS FOR BUYING AN OFFER THROUGH THE ReZZo.bg WEBSITE
These General Terms and Conditions for the purchase and sale of goods and services apply to each sale, made through the ReZZo.bg web site, owned by Heppines EOOD.
1.1. The seller sells and the buyer buys a product / service at a promotional price expressly stated for each item individually under individual terms for each item / service and only if the required condition is met: performing at least 1 purchase total of all buyer users.
1.2. This Agreement enters into force only when the mandatory condition stipulated and announced in the respective offer is fulfilled.
1.3. The risk of non-fulfillment of the condition is borne by the consumer-buyer.
1.4. Advance payment amounts on the offer are amounts owned by the seller and are kept by the owner of the site "Heppines" Ltd. until the end of the bidding. Once the bidding has ended, if the required condition has occurred, the amounts collected are transferred to the seller's account.
2.1. The Consumer-Buyer agrees to pay in advance the price specified in the offer, by one of the ways listed in the respective User Interface, at the moment of agreeing to the terms of the contract.
2.2. The seller undertakes to deliver to the consumer-buyer the goods and / or service paid in advance, under the conditions specified in the offer.
3. In the event that the mandatory condition provided in the offer is not fulfilled, for reasons unconnected with the seller, the latter shall not owe the delivery of the goods and / or service paid in advance. "Heppines" EOOD, in its capacity as the owner of the electronic platform through which the transaction is concluded, and retaining the advance payments until the occurrence of the stipulated condition, refunds the amount paid by the consumer-buyer after submitting a document proving the payment, translates it into a bank account specified by him / her. For the time from the prepayment to the transfer, interest is not payable.
4.1. When the above condition is fulfilled and a table reservation is made using the offer via a user interface on the ReZZo.bg website, the user receives a voucher with a unique number and a secret code certifying the advance payment made, the reservation made and the right to receive the product / service he / she has paid. The receipt number and the individual code may also be obtained electronically;
4.2. The user is not allowed to make adjustments to the offer voucher so obtained or to change the individual code;
4.3. If the consumer makes any corrections to the voucher for the offer or changes the code, he is liable for this action in accordance with the Bulgarian law, and the seller is also entitled to refuse to execute this contract and has the right to terminate the contract unilaterally due to lack of side of the buyer.
4.4. In order to receive the goods / service he has paid, the consumer-buyer is obliged to present or to notify the seller the details identifying the receipt - the "voucher number" and the "secret code".
4.5. The seller is required to check the individualized data reported to him in the electronic system http://rezzo.bg/restaurant/reservations and after making sure that the particular voucher is valid, he marks it in the electronic system as used and passes to the consumer-buyer purchased advance payment of goods / service.
6. Hepingis is obliged to declare on the web site whether the foreseen fact and / or event required by the seller as a condition of delivering the offered goods and / or service at the announced price and within the specified term has occurred.
8. The consumer-buyer is obliged to seek and receive the paid product / service paid by the seller only and only in the presence and under the terms and within the term specified in the particular offer;
9. In the event that a consumer-buyer receives the voucher for a bid and does not take advantage of it on the terms and the date of the reservation, the consumer-buyer is not entitled to claim the return of the prepaid price (deposit, deposit) that remains as compensation for the seller. For the purchased offer, a reservation must be made within 30 days of the date of purchase.
XVII. TERMINATON AND BREACH OF THE AGREEMENT
17.1 Apart from the cases, specified in the General terms and conditions, the agreement between the parties may be terminated upon the occurrence of the following circumstances:
a/ termination of the activity of ReZZo.bg or termination of the maintenance of the website www.Rezzo.bg;
b/ mutual consent of the parties;
c/ other provisions in accordance with the law
17.2 In the event of termination of the agreement by any reason, ReZZo.bg is entitled to cease immediately the access of the particular USER to his user profile, to terminate his registration or to delete the entire user content from the servers in accordance with the requirements of the law in force. In case of termination of the agreement, ReZZo.bg is not responsible for the damages suffered and profits lost by the USER or third persons, occurred as a result of the suspension of the USER’s access to his user profile, termination of his registration, deletion of the USER content from the servers of ReZZo.bg and as a result of the information provision or execution of the orders of the competent state authorities.
These General Terms have been adopted by decision of the ECC of HEPINES EOOD dated April 24, 2014 and come into force on April 24, 2014.