Privacy Policy and Terms and Conditions Boxy
Security PolicyGENERAL TERMS OF USE OF THE INTERNET STORE WWW.BOXY.MAKAROON.BG
By using the website www.boxy.makaroon.bg, any menu, category or sub-category, section or subsection thereof, as well as with the emergence, development and termination of any legal relationship arising from the use of this site, you provide your consent to be bound by these General Terms and Conditions for the use of the site, as well as by all other terms and conditions regulating separate legal relationships conditioned by its use. In the cases indicated in the previous sentence, you also provide your consent to the collection and use for the purposes of the website and the legal relationships determined by it of the personal information provided by you.
The binding of the General and profiled conditions is applicable both to the current configuration of the website and to all changes made to it in the form of additions and amendments or the introduction of new menus, categories, sections and others. If you do not agree with the above or do not wish to provide your consent to be bound by the General or Special Terms of the Website, you are not allowed to visit it, use it or be a party to any legal relationship determined by it.
I. General
1). These general terms and conditions constitute a contract for the provision by "Makaron" OOD of its own website www.boxy.makaroon.bg, for remote trading of gift certificates with potential buyers-users, and govern the rights and obligations of users of the website www.boxy.makaroon.bg, owned by "Makaron" OOD.
2). Parties to this contract are "Makaron" OOD - a company registered on the territory of the Republic of Bulgaria, with headquarters and management address: Sofia, Osogovo St. N86 and correspondence address: Sofia 1000, Vazrazhdane District, " Osogovo” 86, EIK 205055198, phone +359/ 899 94 08 20 and email: office@makaroon.bg on the one hand and every user who has loaded the website www.boxy.makaroon.bg on the other.
3). The user declares that he is familiar with the present terms of use, and any active action on his part, or maintaining passive behavior after the website www.boxy.makaroon.bg is loaded in the browser, constitutes an electronic declaration of consent that he agrees with these terms of use.
4). An active action is clicking/pressing/selecting an electronic link or advertising banner, taking the user to other Internet pages from the www.boxy.makaroon.bg site.
5). Keeping passive behavior means not leaving the site after it has loaded in the user's browser.
II. Explanation of some terms
Users declare that they are familiar with and agree to the definitions of the following terms:
An Internet site/shop is a set of Internet pages, with a common title Internet page, which is loaded in your browser, when typing the electronic address www.boxy.makaroon.bg;
User/Client of an internet page or site is any person (potential buyer of the offered offers) who has entered the email address or reached the internet page or site through redirection from another internet site and agrees, if interested, to make purchases of goods and/ or electronic services;
Interface - a combination of graphic objects associated with program code, through which the user communicates with the Internet site in a way accessible to him.
Platform - a set of conceptual, programming and graphic solutions, making up a complete product providing an accessible environment for the user to the possibilities of the Internet space.
Browser - a computer program providing the ability to transfer, process and visualize data using various types of data transfer protocols.
An electronic link is a link indicated in a certain Internet page that allows automated referral to another Internet page, information resource or object through standardized protocols.
Malicious actions are actions or omissions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, sending unsolicited mail (Unsolicited commercial messages, SPAM), gaining access to resources with foreign rights and passwords, using flaws in systems for personal gain or obtaining information (HACK), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending "Trojan horses" or causing the installation of viruses, or remote control systems, disrupting the normal work of other Internet users and associated networks, performing any actions that can be qualified as a crime or an administrative offense under Bulgarian legislation or other applicable law.
Information system / System is any individual device or set of interconnectionsus or similar devices, which in the execution of a certain program ensures automatic data processing.
Internet page within the meaning of these General Terms and Conditions means a constituent and separate part of a website.
IP Address (“IP address”) is a unique identification number associating a computer, Internet page or user resource in a way that allows its location in the global Internet network.
A password is a code of letters, numbers and characters, which, together with the username, identifies the user, and which, together with the username, serves to access his user profile.
Username is a unique code of letters, numbers and characters chosen by the user, by means of which he is individualized in his relationship with the Contractor;
A user profile is a separate part of the website of "Makaron" OOD, containing information about the user, required by www.boxy.makaroon.bg, stored with him, used and processed solely and only for the purposes of Art. 4, para. 1, item 3 of the Personal Data Protection Act, and access to the user profile by the user takes place by entering a username and password. The user profile also serves the communication between the user and Makaron OOD.
An accidental event is an unforeseen circumstance at the time of the conclusion of the contract, which makes the provision of services objectively impossible.
Website / Site ("website") is a designated place in the global Internet network, accessible through its unified address (URL) under the HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
Advance payment is a way of paying for the goods/services ordered by the User, by transferring funds to the account of Makaron OOD before receiving the ordered goods/services.
Gift certificate – a document issued by the merchant, which the user/customer receives in electronic form or on paper, and which certifies that the user/customer has paid for the advertised product or service in full or in part and, accordingly, can benefit from it.
Visual representation of the services/goods (photographic material) on the www.boxy.makaroon.bg site only shows the type of activity offered by the service provider, and does not represent the actual performance of the service by the provider. There may be a discrepancy between the implementation of the service, the location of the offer, the type of equipment and others, for which www.boxy.makaroon.bg is not responsible.
Description of the services/goods on the website www.boxy.makaroon.bg includes information about the service/goods provided by the specific supplier. There may be a discrepancy between the description of the service and its performance, depending on unforeseen circumstances, unfavorable weather conditions or others for which www.boxy.makaroon.bg is not responsible.
A merchant is the owner of the online store www.boxy.makaroon.bg - "Makaron" OOD, with headquarters and management address, Sofia, Osogovo St. N86
An order is the request for the purchase of goods/services from the website under the conditions stipulated therein regarding the method of delivery and payment by the user/customer.
A service is any action on the part of "Makaron" OOD on the occasion of an order placed, a choice of experience by a user/client regarding what is offered in the online store.
III. Subject of the contract.
1). "Makaron" Ltd. provides users with a platform for online choice of experience, through its website www.boxy.makaroon.bg, under the conditions of a contract for distance sales within the meaning of Art. 45 et seq. of the Consumer Protection Act, exercising the powers granted to him under this contract.
2). The contract for distance sales, through which the user chooses goods/services using the platform provided by Makaron OOD, is different from the present general terms and conditions, as when making an electronic statement to conclude the contract for purchase and sale, the user agrees as with the present general terms and conditions, as well as with the content of the distance sales contract (certificate) providing for advance payment.
3). Makaron Ltd. is not responsible in the following cases:
– For damages caused by other sites accessible through links/banners placed on this site;
– For possible deficiencies and/or other claim liability regarding the services/goods purchased by the user through the website www.boxy.makaroon.bg, as well as if the conditions announced on the site turn out to be wrong or misleading;
– For the quality of the provided goods or services purchased from the site. Any issues arising in connection with this shall be resolved between the user and the supplier who provided the particular good or service.
- For violation of copyright and related rights through the positioning of materials subject to these rights, provided by third parties, promoting through the Internet site owned by "Macaron" OOD;
– For all damage caused by sweatusers when providing the service;
– If the user forgets his account, logs on to a computer or in any other way allows and/or allows it to be used by third parties who abused his registration;
– For the damages that occurred in the absence or interruption of accessibility to the website www.boxy.makaroon.bg, independent of the team of the same.
4). The user name with which the user registers does not give him any other rights, except the right to use the specific user name within the information system of Makaron OOD. When the user changes his username, Makaron Ltd. does not check and is not responsible for the authenticity of the new username, for whether it affects the rights of third parties and in particular the right to a name or other personal rights, the right to a trade name (company ), trademark right or other intellectual property rights.
5). The user undertakes, when using the access granted to him to the electronic platform: to comply with Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics, rules of morality and good manners; not to damage the good name of others and not to call for a violent change of the constitutionally established order, to commit a crime, to violence against the person or to incite racial, national, ethnic or religious enmity, not to preach fascist or other anti-democratic ideology, not to violate someone else's property or non-property rights, including intellectual property rights; to immediately notify Makaron OOD of any case of committed or discovered violation; not to interfere with the proper operation of the system, including, but not limited to, not to thwart the identification procedure of another user, not to access outside of the one provided, not to impair or impede the availability, reliability or quality of the access provided, and to does not use it in a way that causes a refusal to use it; not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located on the website of "Makaron" OOD and thus not to create its own database in electronic or other form; not to impersonate another person or otherwise mislead third parties about his identity or his belonging to a certain group of people; not to commit malicious acts within the meaning of these General Terms and Conditions.
6). Except in cases where it is expressly agreed, the user may not reproduce, change, delete, publish, distribute and publicize in any other way the information resources published on the website of "Makaron" OOD.
IV. Protection of personal data
1). Makaron Ltd. takes due care and is responsible for protecting the information about the user, which became known to him on the occasion of registration - subject to these General Terms and Conditions, except in cases of force majeure, accidental event or malicious actions of third parties. Makaron Ltd. collects and processes information about Users only for the purposes provided for in these General Terms and Conditions and the Personal Data Policy.
2). In the registration form, filled in by the user during registration, Makaron Ltd. indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide them. By expressing agreement with these General Terms and Conditions and the Personal Data Policy, the user agrees to have his/her information processed in the manner provided for in them. The user profile created during the initial registration has default settings enabling free access to the personal data announced by the user. After registration, if desired, the user has the right and the technical possibility, by changing the default settings, to limit or prohibit access to his personal data.
3). The restrictions under item 1 do not apply in the event that the user or persons under his control have committed malicious acts within the meaning of these General Terms and Conditions or have violated the rights or legitimate interests of third parties. In this case, Makaron Ltd. has the right to provide the user's personal information to the relevant competent state authorities according to the current legislation.
4). "Makaron" Ltd. collects and uses information about users, only for the purposes provided for in these General Terms and Conditions. The described purposes for which the information is used are not exhaustively listed and do not give rise to obligations for Makaron OOD.
5). By accepting these General Terms and Conditions, the user agrees to the processing of his personal data for the purposes of the contract for the purchase and sale of promoted goods, concluded at a distance, by giving consent for advance payment.
6). By accepting the General Terms and Conditions, the user agrees to his personal data, announced as publicly available in his user profile at www.boxy.makaroon.bg; information about friendsis of the user in those user profiles; photo or text materials uploaded to the profiles, or other similar materials, to be used and distributed by Makaron OOD for the purposes of direct marketing, unless it expressly prohibits access to them. The actions of the user at www.boxy.makaroon.bg (liked products, asked questions, comments, creating friendships) and the information about the goods/services purchased by him (number, price, specifics) can be used by "Makaron" OOD for the objectives of direct marketing.
7). Makaron Ltd. undertakes not to disclose any personal information about the user and not to provide the collected information to third parties - government bodies, commercial companies, individuals and others, except in cases where:
– has received the express consent of the user upon registration or at a later time;
- the information is requested by state bodies or officials who, according to the current legislation, are authorized to request and collect such information in compliance with the legally established procedures;
- other cases specified in the law.
8). By agreeing to the general conditions of www.boxy.makaroon.bg, the user allows in his user profile www.boxy.makaroon.bg or to the e-mail address announced by him, to be sent personal, advertising or other commercial messages from " Macaron" OOD or from the merchants offering on the site.
V. Explanation of the technical steps by the user-buyer to conclude a distance purchase-sale contract via the website www.boxy.makaroon.bg
1). By loading the main website www.boxy.makaroon.bg, the user gets the opportunity to become familiar with a published offer in detail, which in most cases refers to the choice of the offered product/service after a Boxy gift box has been previously purchased from the www.makaroon platform .bg or physically from a commercial outlet partner of Makaron OOD. In a prominent place, the user can familiarize himself with the data of the company, the owner of the Internet site and the General Terms and Conditions for the use of the site.
2). By taking an active action - selecting a link, banner, active button or picture, the user declares that he is familiar with the General Terms of Use of the site.
3). In the event that the user wishes to conclude a contract through the platform provided to him, he should reach a page - a part of the site containing a specially prepared interface, through which the user will make the electronic declaration of will to conclude a distance purchase-sale contract. The selection of a service/product from the website www.boxy.makaron.bg can be made by a registered or unregistered user who, according to these General Terms and Conditions, provides the data necessary for the conclusion and execution of the contract. Item selection is made after a Boxy box has been purchased in advance. Following the instructions in Boxy, the user chooses an experience from the boxy.makaroon.bg site by entering the unique Boxy code from the box.
4). The user-buyer, after familiarizing himself with the General Terms and Conditions and the text of the sales contract, should be aware that the sales contract is concluded not with the owner of the site, but with an explicitly mentioned third party, who is announced after making order. The merchant is also a user of the website www.boxy.makaroon.bg, using the provided electronic platform for distance shopping and promotion of the goods/services offered by him.
5). The payment of the price under the contract was made in advance when purchasing a Boxy gift box from the website www.makaroon.bg or from a commercial outlet partner of Makaron OOD, and making the payment on the one hand is a voluntary statement by the user that he agrees to pay the service, on the other hand, represents an electronic declaration of will on the part of the user that he agrees with the General Terms of Use of the site and the terms of purchase and sale, which he himself has read, approved and selected up to now.
6). After the conclusion of the contract, the user receives a message to the email address provided during registration, about the successful acceptance of his electronic declaration of will, which is a confirmation that the contract has been concluded. From there on, the parties to the contract are governed by the General Terms and Conditions.
7). Any change in the circumstances related to the contract is communicated to the user by sending an electronic message to the email address provided during registration. Transfers of sums of money from www.boxy.makaroon.bg to users of the site are carried out only by bank transfer, and all transaction costs that were incurred in connection with the transferred amount are at the expense of the receiving user.
VI. Order, payment and delivery
Order:
A selection of certificates from www.boxy.makaroon.bg are accepted and processed every working day from 09:00 to 18:00. Users are also notified by e-mail about the receipt and confirmation of orders from www.boxy.makaroon.bg.
Each order includes the following obligationsphysical elements: order number; ordered products, quantity, delivery address; data for "Makaron" Ltd. (phone, e-mail address).
Payment methods:
www.boxy.makaroon.bg does not accept or collect payments. Payments are made when choosing a Boxy gift box from the website of www.makaroon.bg or from a physical outlet of a Makaron OOD partner.
Shipping methods:
A certificate for the service selected by the user is sent electronically, free of charge, to the e-mail address specified by the customer.
Delivery terms and conditions:
– Confirmed and paid order by 5:00 PM every business day – sent by email by 5:00 PM. on the next working day;
VII. Performance of Services
1). A customer who has placed an electronic order for a service has the commitment and responsibility to download and print the conditions for using the relevant service, which were sent to him by the Merchant at the e-mail indicated by him, and to provide them to the user.
2). The services are performed after a reservation has been made according to the procedure described by the Merchant and against a paper certificate and an identity document provided to the contractor.
3). The contractor has the right to refuse to perform the service in the event that those described in point 3) are not presented. documents or in case of doubting their authenticity, as well as to cancel the performance of the service due to unforeseen or extraordinary reasons.
Reservations for the performance of services
4). The reservation terms for the performance of the services offered by the online store are different (according to the specifics of the service) and are described in the terms of use of the specific service, as well as in the instructions for use described on the back of the certificate.
5). Reservations are dependent on the capacity of the bases and must be made according to the serial number of a valid certificate.
6). A reservation for the performance of a service is considered confirmed/made after the Customer's request and the date and time fixed/specified by the Merchant (time-when appropriate) electronically or through a telephone conversation between the two parties and/or on e -email specified by the customer.
7). A confirmed/made reservation can be canceled at least 48 hours or more before the event /according to the terms of use of the specific service/.
7.1). In the event of cancellation of an already made reservation after the period specified in item 8, the user loses the right to use the certificate.
7.2). Reservations based on certificates with expired validity are not made. Such certificates are invalid and the services attached to them cannot be used.
7.3). An already confirmed reservation can be canceled by the Merchant and/or the supplier due to bad weather conditions or in other cases of impossibility to perform the service, independent of the Merchant and/or the supplier. In such cases, reservations will be rebooked for other dates convenient for the customer.
Validity of the performance of services:
8). The certificates for each service have a validity according to its specifics. The validity of each certificate is printed on it.
9). Each certificate can be used within the validity period written on its face. Services to expired certificates are not performed!
10). The validity of the certificate can be extended in case of an inquiry to our e-mail (office@makaroon.bg) before the expiry of its current validity.
11). The trader has the right to refuse the extension under the previous point at his discretion according to the specifics of the service.
12) The photo material on the website www.boxy.makaroon.bg only shows the type of activity offered by the service provider and does not represent the actual performance of the service. There may be a discrepancy between the implementation of the service, the location of the offer, the type of equipment and others for which we are not responsible.
VIII. Change and cancellation of an order
Pursuant to Art. 50 of the Civil Code, the user has the right to cancel the order remotely without giving a reason, without owing compensation or a penalty and without paying any costs, except for the costs provided for in Art. 54, para. 3 and Art. 55, within 14 days from the date of receipt of the certificate on electronic media by the user or by a third party other than the carrier and specified by the user, or when the user has ordered many services with one order that are performed separately, considered from the date on which the user or a third party, other than the carrier and indicated by the user, accepts the last certificate.
When the customer has canceled the order, "Makaron" Ltd. will refund all fees received by the customer, except for the amount paid for the gift packaging and the delivery charges, without exception no delay and no later than 14 days, Read from the date on which he was informed of the customer's request to cancel the order.
IX. Additional conditions
1). Makaron OOD reserves the right to change or supplement these General Terms and Conditions unilaterally without notifyingthe user.
2). The user-buyer declares that he is aware that the services purchased by him through the site fall within the scope of those described in Art. 50, para. 3, item 2 of the Civil Code.
3). By confirming these General Terms and Conditions, the user-buyer declares his express agreement to pay in advance in full the price of the contract of purchase and sale, which he concludes through this platform based on a specific offer placed on it.
4). The parties declare that in the event that any of the clauses under these General Terms and Conditions is/are invalid, this will not invalidate the contract, other clauses or its parts. The invalid clause will be superseded by the mandatory rules of law or established practice.
5). The provisions of the current legislation of the Republic of Bulgaria apply to all matters not settled by these General Terms and Conditions.
6). These General Terms and Conditions may be revised and updated at any time by Makaron OOD. If you continue to use the site, you expressly agree to the changes made.
7). In case of disputes, the parties can turn to the EU Dispute Resolution Authority through a specialized platform at the email address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2. show&lng=BG
X. Disputes
All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes, 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 adapt it to new circumstances, will be resolved by the competent court for the registration of the Merchant, in accordance with Bulgarian legislation.
XI. Applications
The use of services offered on the Internet store that are of an extreme nature require the mandatory familiarization, completion and signing of the declaration provided by the team performing the service. The declaration reads as follows:
DISCLAIMER:
– I understand that the service in this certificate is of an extreme nature and carries risks of property damage, severe physical injury and/or death!
– I am aware of the risks of a technical failure occurring during the performance of the service, which could lead to an accident.
- I voluntarily assume these risks and release from liability and waive the right to bring before a court or otherwise any claims against the persons and institutions that organize and conduct this activity.
- My state of health and self-esteem is good, I have no complaints.
– I am not under the influence of alcohol and/or other intoxicants.
– I have been briefed and instructed about the service.
- I am informed that the organizer is not responsible for unforeseen consequences of the performance of the service.
- I give my consent to receive emergency medical assistance and, if necessary, to be taken to a medical facility.st and protection of personal data and General Terms and Conditions Boxy