Terms and Conditions

WEBSITE USE GENERAL TERMS AND CONDITIONS

This document contains the General Terms and Conditions for use of the services provided by Kanela 2011 OOD through the ordering website www.raffy.bg (“General Terms”) and settles the relations between Kanela 2011 OOD and each user of the website www.raffy.bg.

I. DEFINITIONS
For interpretation of these General Terms, the terms and definitions used will have the following meaning:
1.1. “IP address” is a unique identification number which associates a device, Internet page or user resource in a way which allows its localization in the world wide web.
1.2. Kanela 2011 OOD (hereinafter referred to as Raffy) is a business company with registration No. 201577793, with seat and registered address: city of Sofia, 10 Racho Dimchev
St., and correspondence address: City of Sofia, 11 Angel Kanchev St, e-mail: info@raffy.bg, which renders the services subject to these General Terms through the website it administers: www.raffy.bg. 1.3. www.raffy.bg (the Website): www.raffy.bg is a website which allows the Users to buy food and have it delivered at an address specified by them.
1.4. “Electronic Link” is a link in a given Internet page which allows automated redirection to another Internet page, information resource or object using standardized protocols.
1.5. “Malicious Acts” are acts or omissions which violate Internet ethics or harm other persons connected to the Internet or associated networks, including, but not limited to sending unwanted mail (spam, junk mail), channel overload (flood), gaining access to resources with another person’s rights and passwords, use of system faults for profit or access to information (hack), performance of activities which may be classified as industrial espionage or sabotage, damaging or destruction of system or information resources (crack), sending or Trojans or causing installation of viruses or remote control systems, interrupting the normal work of other users of the Internet and associated networks, as well as any activities which can be qualified as an offence or administrative breach under the Bulgarian legislation or another applicable law.
1.6. “Internet Page” is a part of a website which may be compound or separate.
1.7. “Information System” is a device or a system of interconnected devices which or one of which is intended to store, send or receive electronic documents.
1.8. “User” is any person using any of the services and resources provided through the www.raffy.bg website.
1.9. “User Profile” is a separate part of www.raffy.bg which contains information about the user provided by the user upon registration and stored by www.raffy.bg, whereby access to the user profile shall be allowed on entry of a user name and password. The profile allows the user to view and edit data entered on registration, to have access to a personal mailbox, to change their access password, to subscribe to a newsletter and to cancel such subscription, etc.
1.10. “User Name” is a unique code of letters and/or digits chosen by the user which identifies the user in www.raffy.bg.
1.11. “Password” is a code of letters and/or digits chosen by the user which, together with the user name, identifies the user.
1.12. “User Content” is any data, information, text, opinions, comments and the blog provided to the User at www.raffy.bg in order to be accessible through www.raffy.bg by all other Users.
1.13. “Server” is a device or system of interconnected devices on which or on some of which there is installed system software for performance of tasks related to storage, processing, receipt or relay of information.
1.14. “Website” is a separate location in the world wide web accessible through its URL address via HTTP or HTTPS protocol which contains files, programs, text, audio, video, images, electronic links or other materials and resources.
1.15. “Blog” is a website whose content is being updated with comments, event descriptions, files and other information materials presented in a chronological order.
1.16. “Event of Force Majeure” is an event of extraordinary nature unforeseen at the time of conclusion of the agreement which makes it objectively impossible to fulfil the agreement.
1.17. “Commercial Messages” are advertising or other messages which directly or indirectly present the goods, services or reputation of a person which performs commercial activities or craftsmanship or practices a regulated profession.

II. SUBJECT OF THE AGREEMENT
2.1. Raffy, acting through the website www.raffy.bg, shall provide to the User in online mode the services set forth in these General Terms (“Services”), provisional upon strict compliance of the requirements hereof by the User.
2.2. Part of the services of the website www.raffy.bg shall be provided to all Users without need of prior registration. These shall be, but not limited to: access to and use, in compliance with these General Terms, of various information resources accessible through the website www.raffy.bg – news, entertaining publications, promotions, a calendar with information on upcoming events, trainings and workshops, a catalogue with links to Bulgarian and foreign sites or other content provided by www.raffy.bg, as well as User Content published at the website www.raffy.bg.
2.3. Use of some of the services on the website www.raffy.bg shall be possible only after registration, creation of a User Profile and entry of the user name and password.
2.4. Relations between the Users of www.raffy.bg in connection with the offering, access to and use of paid services through the website www.raffy.bg shall be settled in accordance with the rules described in the General Terms and Conditions for use of the respective paid services accessible through the website www.raffy.bg .
III. SCOPE OF APPLICATION. ACCEPTANCE OF THE GENERAL TERMS.
3.1. These General Terms shall apply to relations with Users who have registered in the website www.raffy.bg (“Registered Users”). These General Terms shall also apply to relations with Users who haven’t registered on the website www.raffy.bg (“Unregistered Users”), whose rights shall be limited to use of the services described in It. 2.2.
3.2. The text of these General Terms shall be available at the Internet page www.raffy.bar in a manner which allows its storage and multiplication. An electronic link to the Internet page containing the text of these General Terms is placed on each page of the website www.raffy.bg. With any use of the services and resources of the website www.raffy.bg, including opening of the Internet page from the website www.raffy.bg, as well as clicking on an electronic link from the home page or any other Internet pages on the website www.raffy.bg, Users declare they are aware of these General Terms, have read them and undertake to comply with them.
3.3. In order to use the services under Art. 2.3 of these General Terms, the User has to register first by filling in the respective electronic registration form which is available in real time (online) on the Internet at www.raffy.bg.
3.3.1. During the registration process, when they place a mark in the field “I agree with www.raffy.bg’s General Terms” and press the virtual button “Registration”, the User, respectively their parent or guardian, gives an express electronic statement within the meaning of the Electronic Documents and Signatures Act, with which the User declares they are aware of these General Terms, accepts them, agrees with them and undertakes to comply with them.
3.3.2. Upon registration, the User receives access to all services offered by www.raffy.bg. When filling in the registration form, the User undertakes to provide full and accurate details about their identity and person and all other data required by www.raffy.bg’s electronic form, as well as to immediately update such information upon change. The User guarantees that the information provided during registration is true, full and accurate and the User will promptly update it if it is changed.
3.3.3. If the personal details required in the registration form are not provided, www.raffy.bg can refuse registration.
3.3.4. In the event of provided incorrect data or failure to update changes, www.raffy.bg shall be entitled to terminate or cancel immediately and without prior notice the provision of the services, as well as maintenance of the registration. In such an event, the termination of service provision shall also be deemed as an automatic termination of the agreement.
IV. USER NAME AND PASSWORD. USER PROFILE
4.1. Upon registration, the User shall specify a user name and password. If the user name hasn’t already been taken, the User shall receive the requested user name and password. The User can use them to gain access to their User Profile, as well as to user the services under It. 2.3.
4.2. The user name is a unique code of letters, digits and symbols with which identifies the User when using the services under It. 2.3. www.raffy.bg does not verify and does not assume responsibility if the user name is different from the User’s name, infringes on third party rights, in particular right to a name or other personal rights, right to a trade name (company name), right to a trademark or other intellectual property rights.
4.3. The password is a code of letters, digits and symbols which serves for access to a certain User Profile together with the User Name.
4.4. The User undertakes not to reveal their password to third parties and to notify www.raffy.bg immediately in the event of unauthorized access or possibility of such access. The User undertakes to exercise due care and take all reasonable measures in order to protect their password and secret question and answer and bears full responsibility for all actions carried out by the User or a third party using the password and secret question.
4.5. The user profile shall be a separate part of the www.raffy.bg website which contains information about the registered User provided in the registration process and stored at a www.raffy.bg server. Through their user profile, the User may use, adjust, activate or deactivate the use of various services under It. 2.3. on www.raffy.bg, manage the user content provided by the User on www.raffy.bg, update the information provided upon registration, change the password and the secret question and answer, terminate registration on www.raffy.bg , etc.
4.6. To receive access to the paid services of the website www.raffy.bg, the User shall perform the registration on an Internet page designated for the purpose or other actions in accordance with the requirements of the General Terms and Conditions for use of the respective paid service stated on the page.
4.7. Each User may only have one active user profile. It is forbidden to register under a false name (other person’s identity). www.raffy.bg may refuse to register a person if Raffy receives information such person has stated incorrect or not belonging to them details.


V. CONCLUSION OF THE AGREEMENT
5.1. The agreement between the parties shall come into effect from the time when agreement is reached in the manner specified in It. 3.2 or It. 3.3.1.
5.2. The agreement shall be concluded in Bulgarian language.
5.3. The agreement shall apply to:
a) for Unregistered Users – until discontinuation of the use of the services under It. 2.2.;
b) for Registered Users – for an indefinite period from registration of the User until termination of the agreement following the procedure set forth in these General Terms.
IV. AMENDMENT OF THE GENERAL TERMS
6.1. In connection with the periodic complementation and modifications of the services, their improvement and extension, as well as potential legislative changes which reflect on the General Terms, the General Terms may be unilaterally amended by Raffy. Such amendments may also be done when changing the type, nature or technology of the rendered services, upon discontinuation of the provision of certain services, as well as in the event of change of the economic circumstances.
6.2. When changing the General Terms, Raffy shall provide the Users with a two-week notice so they can learn the amendments to the General Terms, after which the amendments shall come into effect.
6.3. These General Terms and any future amendments thereto shall also apply to Users who have been registered at the date of entry into effect. Within the period under It. 6.2, such users shall have the opportunity to send a message to Raffy and declare they refuse such amendments. If Raffy does not receive a statement for refusal of the amendments, Raffy shall consider the User bound by such amendments. If a User sends a declaration or refusal to agree with the amendments to the General Terms, this will lead to automatic termination of the agreement between the user and Raffy for use of the services granted through the website www.raffy.bg, and in this case Raffy shall be entitled to immediately terminate the access of the respective User to their User Profile, cancel their registration and delete from its serves all content placed there by the User.

IIV. RIGHTS AND OBLIGATIONS OF THE USER
7.1. The User shall provide on their own all client equipment necessary for use of the services provided by Raffy (end devices for Internet access and the respective software applications) and Internet access.
7.2. The User shall be entitled to online access to the services provided through the website www.raffy.bg in accordance with the terms and requirements for access specified by Raffy.
7.3. When using the services provided by Raffy, the User undertakes not to load, not to put on Raffy’s servers and not to disclose to third parties in any way User Content – information, data, text, messages and all other materials or electronic links to the following materials:
a) which are not in compliance with the Bulgarian legislation, the applicable foreign laws, these General Terms, Internet ethics and accepted principles of morality;
b) which contain violence (including violence against animals), agitation to violence, degradation of human dignity, threats to human life and physical integrity;
c) pornographic or explicitly sexual content;
d) clearly discernable bodies of victims to crashes and other severe accidents;
e) insults to any religion or religious agitation;
f) commercial or work secret or other confidential information;
g) which are subject to third party intellectual property rights, unless the owner of such rights has granted consent;
h) which violates any third party property rights or legal interests;
i) which popularize discrimination based on sex, race, education, age or religion or preach a Fascist, racist or other non-democratic ideology;
j) which harms another person’s good name and calls for forced change of the constitutional order, perpetration of crimes, violence or incites racial, national, ethnic or religious hostility;
k) contains information which incites to m….. and terrorist activities;
l) contains information on others’ passwords and profiles without their holder’s consent, as well as software for access to such password or rights;
7.4. The User undertakes, when using the services provided by Raffy:
a) not to perform malicious acts within the meaning of these General Terms;
b) to immediately notify Raffy on any instances of perpetrated or discovered violations when using the provided services;
c) not to pretend to be another person;
d) not to use methods leading to forced loading of content unwanted by Internet users (“pop-up”; “blind link”, etc).
7.6. The User shall be entitled at any time and in their own discretion to discontinue the use of the services granted by Raffy by deactivating the provision of such services from their User Profile or another Internet page specified for the purpose or cancelling registration on the website www.raffy.bg , respectively discontinuing the use of the Services under It. 2.2. From the time of registration cancellation, and for unregistered Users – from the time of discontinuation of the use of the services under It. 2.2, the agreement between the parties shall be deemed automatically terminated, and Raffy shall cancel the respective User’s access to their User Profile and shall be entitled to remove access to and delete from its servers all User Content placed there by such User in accordance with Art. 14.2 of these General Terms. Deactivation of the provision of certain cervices shall not lead to termination of the agreement.
7.7. The User shall be entitled to access and use any content published on the website www.raffy.bg , including User Content, only for personal use for non-profit purposes in accordance with the requirements of these General Terms and Conditions.
7.8. The User undertakes not to receive and not to try to receive unauthorized access to the services granted by www.raffy.bg by intercepting and using other person’s passwords or by an other methods, not to circumvent, damage or impede in other ways the normal operation of technical or software applications of the website www.raffy.bg which provide or limit the access to other persons’ e-mail boxes, administrative panels, computer systems and networks related to the granted services.

VIII. RIGHTS AND OBLIGATIONS OF RAFFY
8.1. Raffy undertakes to apply due diligence when granting the User the opportunity for normal use of the Services.
Policy for receipt and acceptance of claims at info@raffy.bg
We, info@raffy.bg, undertake to be at your door with your order within the stated period (if there is a predetermined delivery time) when you place your order.
8.1.1. Conditions for delivery to your office
- city of Sofia – delivery for each order – free of charge for corporate clients. The consumables used for delivery of the food shall be free of charge.
- city of Plovdiv – delivery for each order – free of charge for corporate clients. The consumables used for delivery of the food shall be free of charge.
8.1.2. info@raffy.bg guarantees the good taste and nutritional qualities of the products delivered under your order within the specified delivery times.
8.1.3. If you establish a discrepancy between your order and the delivered products in terms of quantity or quality, you shall be entitled to submit a claim in accordance with the Consumer Protection Act. To submit a claim, you have to notify our employee upon delivery of the food.
8.1.4. If you submit a valid claim, we offer the following options to resolve the discovered issue depending on the situation and the type and nature of the problem:
- if the product is a pizza, main course, salad, burger or tortilla, children’s menu, dessert, grill, appetizer, sauce, sushi garnish, dressing, drink or bread, we will replace it with a new one as soon as possible in the same day or we will provide you with a voucher to use for your next order, which will equal the value of the problematic product.

8.1.5. In all cases of incorrect performance of your order, with the exception of failure to deliver an article/product, your claim will be accepted as valid only if you present the supplier with the product you are dissatisfied with in a quantity of no less than two thirds from the initial delivery.
8.1.6. The time guarantees apply to all orders with a predetermined delivery time.
8.1.7. This policy for receipt and acceptance of claims shall not apply in the occurrence of events of force majeure, including circumstances related to unfavorable weather conditions.

8.2. Raffy does not undertake and does not have the objective possibility to control the way in which the User uses the provided services and assumes no responsibility for the purpose of the User’s activity in connection with the use of the services, as well as the type and nature of the User Content. Raffy does not undertake to monitor the information stored on its servers or made available when providing the services, neither to search for facts and circumstances which signify unlawful activities on the User’s part when using the services.
8.3. In accordance with the requirements of the effective Bulgarian legislation, Raffy shall store information materials and resources placed by the User on www.raffy.bg’s server and shall be entitled to present them to the competent state authorities if necessary for protection of the rights, lawful interests and security of Raffy or of third parties, as well as if required by the respective state authorities following the due procedure.
8.4. Raffy shall be entitled to put on every page at the website www.raffy.bg, including on User Profiles, electronic links, advertising banners and other advertising materials for goods and services offered by Raffy or third parties, as well as electronic additions and advertising banners redirecting to websites which are not controlled by Raffy. Raffy assumes no responsibility for the content, veracity and lawfulness of such Internet pages or resources made available to the User in connection with the use of the services on the website www.raffy.bg .
8.6. If the User activates the option to offer advertising space on the blog, Raffy shall be entitled, but not obligated, to put there in its own discretion materials under It. 8.5. If such materials are placed on the blog, Raffy undertakes to present the User with …% of the income received from the advertisement.
8.7. Raffy shall be entitled to send commercial messages to the User in order to offer information and advertisement about its own – or offered by other business companies – goods and/or services, to send queries on various questions, to organized questionnaires, etc. When the User accepts these General Terms, the User also agrees to receive commercial messages by Raffy.
8.8. Raffy shall be entitled, but not obligated, in its own discretion and without warning to cancel access to and/or to remove User Content which is in violation of the requirements hereunder.
8.9. Raffy shall not be obligated to cancel access to and/or remove User Content published at the website www.raffy.bg by request of the User who published it.
8.10. Raffy shall be entitled in its own discretion and without prior warning to discontinue or restrict temporarily the User’s access to the services under It. 2.3, as well as the access of other Users to User Content published by such User, if, in Raffy’s judgement or in accordance with information received by third parties, the User is using the services in violation of the Bulgarian legislation, these General Terms, the accepted principles of morality or applicable rules.
8.11. Raffy reserves the right to discontinue temporarily or permanently the offering of specific services through the website www.raffy.bg by notifying the User with a message at the respective Internet pages or the User Profile.

IX. INTELLECTUAL PROPERTY

9.1. By publishing any User Content on the website www.raffy.bg, the User grants to Raffy the nonexclusive right to use, record, store, distribute for the general public in Internet, including to offer such content to an unlimited number of persons in a way which allows access at a time and place by each person’s individual choosing, without owing any remuneration and with no regional restrictions (in the entire world). The right under the above paragraph shall be granted for the period in which the User Content is on Raffy’s servers, as well as for a reasonable time after its removal or deletion.
9.2. When using the services subject to these General Terms, the User shall have access to a variety of resources subject to copyright or other intellectual property rights of Raffy, of other Users or of the respectively stated persons. The User shall have access to the content to use it for personal purposes in compliance with these General Terms and shall not be entitled to use, record, store, adapt or distribute in public content subject to intellectual property rights which has been made available to the User when using the services, unless the content in question is an insignificant amount of information intended for personal use and if such use does not violate the lawful interests of the authors or other holders of intellectual property rights, if such copying or duplication is not done for business purposes, as well as if the respective content has been provided by the User or the User has received the express consent of the abovementioned right holders. Notwithstanding the foregoing, the User shall not be entitled to remove trademark symbols and other signs of intellectual property rights from materials made available to the User, regardless if the holder of the respective rights is Raffy or another User.
9.4. The intellectual property rights over all intellectual property right objects – materials, database and other resources at the website, apart from User Content published by the Users of the website www.raffy.bg, shall be protected in accordance with the Copyright and Related Rights Act (or the Trademarks and Geographical Indications Act), shall belong to Raffy or the respectively specified person which has granted usage right to Raffy and may not be used in violation of the effective legislation.
9.5. If the User considers their intellectual property rights have been violated by another user, the User should notify Raffy in writing at the registered address set forth in these General Terms or with a letter to the stated e-mail address for contact with Raffy. The message should contain a specific identification of the material for which it is claimed to be published in violation of intellectual property rights, identification of the person or persons whose intellectual property rights have been violated and the grounds on which the persons in question hold the respective rights, as well as address and telephone for contact with the User. Rafffy shall undertake in its own discretion the actions set forth in It. 11.1 hereof.

X. RESPONSIBILITY. WAIVER.

10.1. Raffy shall take due care to grant the User the possibility for normal use of the services, but as far as such provision of services is free of charge, Raffy shall not be obligated and does not guarantee the services will satisfy the User’s requirements or will be uninterrupted, timely or secure. With the acceptance of these General Terms, the User declares they will use the granted services entirely on their own risk and responsibility and the parties agree Raffy shall not be held responsible for potential damages incurred by the User while using the granted services.
10.3. Raffy does not bear responsibility for the availability and quality of goods and content of services brought to the User’s attention by publishing of electronic links, advertising banners and messages for sale of goods and provision of services by third parties at the website or by attachment of such materials to the text of commercial messages sent to the User’s e-mail address provided upon registration or generated during registration. As far as the actions of third parties cannot be controlled by Raffy, Raffy does not bear responsibility for unlawful third party activities or for the occurrence, guarantee, performance, amendment and termination of assumed responsibilities and obligations in connection with the goods and services offered by third parties, and Raffy also shall not be held responsible for incurred damages and lost profits in connection with such relations.
10.4. Raffy bears no responsibility for failure to provide services due to occurrence of circumstances outside of Raffy’s control – events of force majeure, random occurrences, problems with the global Internet network or the provision of services outside of Raffy’s control, problems caused by the User’s equipment, as well as in the event of unauthorized access or interventions of third parties in the functioning of Raffy’s information system or servers.
10.5. Raffy does not bear responsibility for damages caused to the User’s software, hardware or equipment or loss of data arising out of materials or resources which have been searched, loaded or used in any way in connection with the granted services.