The present GENERAL TERMS govern the relationship between MKE Ltd., hereinafter referred to as “Rosso Paint Wine Bar”, on the one hand, and users of Internet sites and services located on the domain www.rosso.bg (hereinafter referred to as Users) on the other.
“MKE” Ltd. is a company, registered under the Commercial Law of the Republic of Bulgaria, UIC: 204087937, with headquarters and address of management: Sofia, PO 1407, 13 Rusaliyski Prohod Str.
Please read the published Terms and Conditions before using the information and commercial services offered by the site www.rosso.bg (hereinafter referred to as Services). By visualizing www.rosso.bg, each User automatically agrees to comply with the terms and conditions described below.
This document contains information about the Rosso Paint Wine Bar and the general terms and conditions for using the services provided by Rosso Paint Wine Bar by arranging the relationship between us and each of our registered users.
Confirmation of the Terms and Conditions is a necessary and indispensable condition for the registration of each User and the conclusion of the contract between him and Rosso Paint Wine Bar.
Art. 1 The Services provided by the Consumer’s Rosso Paint Wine Bar are information society services within the meaning of the E-Commerce Act. Art. 2 “Rosso Paint Wine Bar” is an e-shop available on the site www.rosso.bg, through which the consumers have the opportunity to conclude contracts for the purchase and sale of the goods offered by Rosso Paint Wine Bar.
Art. 3 (1) “Rosso Paint Wine Bar” identifies Users of the site by storing log files on the server at www.rosso.bg and at the User’s IP address.
Art. 4 (1) “Rosso Paint Wine Bar” is responsible for the protection of information about the User, which has become known to him regarding the registration, subject to these General Terms, except in case of force majeure, accidental occurrence or malicious actions of third party persons.
(2). In the registration form completed by the User upon registration, “Rosso Paint Wine Bar” indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide it. By agreeing to these General Terms and Conditions, the User agrees that the information about him / her will be processed in the manner provided for therein.
(3) The restrictions under para. 1 shall not apply in the event that Rosso Paint Wine Bar has an obligation to provide the User’s personal information to the relevant competent state authorities in accordance with the applicable legislation.
(2) By accepting these General Terms and Conditions, the User agrees to the processing of his / her personal data for the purposes of this Agreement. (3) For the purpose of direct maceration, the User’s explicit consent is required, which is given through the Rosso Paint Wine Bar platform.
“Rosso Paint Wine Bar” may store in the log files on its server the IP address of the User as well as any other information necessary to identify and reproduce its electronic statement for the acceptance of the General Terms and Conditions in the event of litigation. The text of these Terms and Conditions is available on the Rosso Paint Wine Bar website in a way that allows it to be stored.
(3) Upon completion of the application for registration, the User is obliged to provide complete and correct data regarding the identity (for individuals), the legal status (for legal persons) and other data required by the electronic form of “Rosso Paint Wine Bar” update them within 7 (seven) days of their change.
The user declares that he agrees to provide the required personal data, ensuring that the data he provides during the registration process is true, complete and accurate, and updates the latter in a timely manner. In case of false data, Rosso Paint Wine Bar has the right to terminate or suspend immediately and without notice the provision of the services as well as the maintenance of the User’s registration.
Art. 8 (1) Upon registration, the User receives a unique username and password to access the services available through the Rosso Paint Wine Bar website.
(2) The user name with which the User registers does not give him any rights other than the right to use the specific username within the Rosso Paint Wine Bar e-shop.
(3) The registrant in the capacity of a representative of a legal person shall be obliged to enter his full name and address, respectively the name of the legal entity he represents. By accepting the Terms and Conditions, it guarantees and confirms that it has a contractual relationship with its registered user. When entering incorrect or misleading information, the party is deprived of the right to access services on the Rosso Paint Wine Bar website.
(4) The user is obliged to take all care and to take the necessary measures that are reasonably practicable in order to protect his / her password, and not to disclose his / her password to third parties and to notify immediately the “Rosso Paint Wine Bar” in the case of unauthorized access, as well as probability and suspicion of such. He bears the responsibility and risk of protecting his password, as well as for all actions performed by him or by a third party using his password.
Art. 9 (1) Users use the Rosso Paint Wine Bar website interface to conclude contracts for the services offered by the Rosso Paint Wine Bar on the website.
(2) The Service Purchase Agreement shall be deemed as concluded from the time of the Customer’s request through the Rosso Paint Wine Bar website.
Art. 10. (1) In order to declare an order, the User must register in accordance with the terms and conditions described in these General Terms, as well as enter into the system by identifying with username and password.
(2) After selecting one or more services offered on the Rosso Paint Wine Bar website, the user must register for the chosen event / service.
(3) It is necessary for the User to provide the request data as well as to choose the method and time of payment of the price and then confirm the request through the website interface.
(4) When selecting a service, the User receives an email confirmation that his service has been requested.
Art. 11 (1) The request for the service shall be executed after the “Rosso Paint Wine Bar” has contacted the User at the telephone indicated by him in order to specify details of the service.
(3) “Rosso Paint Wine Bar” shall not be liable for non-performance of the service in cases where the User has indicated incorrect, incomplete and / or inaccurate personal data, including when he has indicated an incomplete, incorrect or fictitious address or telephone.
Art. 12 (1) The execution of the service shall be performed within the terms described under the event. Under extraordinary circumstances, Rosso Paint Wine Bar reserves the right to change the term of performance by informing the User in good time. (2) If the User is unable to contact the Service Agreement, the Rosso Paint Wine Bar shall be automatically disposed of and the Rosso Paint Wine Bar shall be released from the obligation to execute the request.
Art. 13 (1) The consumer has the right to withdraw from the contract without giving any reason, without indemnity or penalty within 48 hours from the date of acceptance of the application. Upon cancellation after this period, the User owes a penalty of 100% (hundred percent) of the value of the requested service to Rosso Paint Wine Bar.
(2) In order to exercise its right under this clause, the User must notify Rosso Paint Wine Bar in writing of his decision to withdraw from the contract by identifying the services he renounces by providing all the details of the event, including , but not just the value of the service, the data of the person making the request and the date of the event. Art. 14 “Rosso Paint Wine Bar” refunds to the User the price paid by him / her when he / she cancels the service, under the conditions of Art. 13 of the General Terms and Conditions, according to a bank account specified by the User or in another appropriate manner, at the express request of the User within 14 days of the refusal of the application.
Art. 15 “Rosso Paint Wine Bar” reserves the right to unilaterally change the prices of the offered services.
Art. 16 “Rosso Paint Wine Bar” is entitled, at its sole discretion, without giving notice to unilaterally terminate the contract if it finds that the services provided are used in violation of the present general terms, the legislation in the Republic of Bulgaria and the generally accepted moral norms.
Art. 17 (1) The user has the right to access on-line the services provided through the Rosso Paint Wine Bar site, subject to the conditions and access requirements set by the Rosso Paint Wine Bar. In order to be able to use the services, the User should enter his username and password.
(2) The user has the right of access and on-line correction of the personal data provided at the registration. Art. 18 (1) The intellectual property rights of all materials and resources located on the Rosso Paint Wine Bar website (including the available databases) are subject to copyright protection under the Copyright and Related Rights Act, belonging to Rosso Paint Wine Bar “or the designated person who has granted the right to use the” Rosso Paint Wine Bar “and can not be used in violation of applicable law.
(2) The User’s right of access does not include the right to use, copy or reproduce information that is the subject of intellectual property, unless it is a small amount of information for private use, provided that legitimate interests are not unduly prejudiced authors or other holders of intellectual property rights, and in the case that the copying or reproduction is done for non-commercial purposes.
(3) In the event of copying or reproduction of information beyond what is permitted under the preceding paragraph and any other violation of intellectual property rights in the Rosso Paint Wine Bar, the User owes a Rosso Paint Wine Bar a penalty amounting to to BGN 10,000 (ten thousand) for each individual offense. The amount of the penalty provided does not deprive the Rosso Paint Wine Bar of the right to claim damages and for greater damages over the amount of the default if they are suffered.
(4) The user is obliged to use the provided access to the services offered by Rosso Paint Wine Bar: to observe the Bulgarian legislation, the present General Terms, the Internet ethics, the rules of morality and the good manners; not to offend the good name of another, and not to call for a violent change in constitutional order, to commit a crime, to violence against the person, or to spur racial, national, ethnic or religious enmity, not to preach a fascist or other antidemocratic ideology, not to infringe any other non-pecuniary or non-pecuniary rights, including intellectual property rights; to notify Rosso Paint Wine Bar immediately of any infringement or infringement committed; not to interfere with the proper operation of the system, including but not limited to not obstructing the authentication process of another User, accessing outside of the Provider, not impairing or impeding the availability, reliability or quality of the access granted, and does not use it in a manner that causes it to be discontinued; not to retrieve by technical means or technical means information resources or parts of information resources belonging to the databases located on the Rosso Paint Wine Bar website and thus not to create its own database in electronic or other form; not to impersonate another person or otherwise mislead third persons as to their identity or belonging to a particular group of people; not to commit malicious acts within the meaning of these Terms and Conditions.
(5) Except as expressly agreed, the User may not reproduce, alter, delete, publish, distribute and otherwise disclose the information resources posted on the Rosso Paint Wine Bar website.
Art. 19 (1) Rosso Paint Wine Bar undertakes to take due care to enable the User to have normal access to the provided services.
(2) “Rosso Paint Wine Bar” has the right to disable or delete the username and password for accessing the user’s profile if the latter violates the Rosso Paint Wine Bar intellectual property rights on the elements contained on its website – objects of intellectual property.
(3) “Rosso Paint Wine Bar” reserves the right to discontinue access to the services provided after giving notice to the user’s profile. “Rosso Paint Wine Bar” has the right, but not an obligation, at its own discretion to delete information resources and materials posted on your site.
Art. 20 (1) Except as provided in these General Terms and Conditions, the contract between the parties shall also be terminated upon termination of the Rosso Paint Wine Bar activity or termination of maintenance of its website.
(2) The User may at any time, at his own discretion, discontinue the use of the services provided by Rosso Paint Wine Bar.
(3). Upon termination of the contract, “Rosso Paint Wine Bar” deactivates the user profile and deletes the password to access the user.
Art. 21 Except as outlined above, either party may terminate this Agreement by giving one week’s notice to the other party in the event of non-performance of the obligations under the contract.
Art. 22 The written form of the contract is deemed to be respected by sending an e-mail message, pressing an electronic button on a content page to be filled in or selected by the User or a check box on the website, etc. similar, insofar as the statement is recorded technically in a way that enables it to be reproduced.
Art. 23 The parties declare that if any of the clauses of these Terms and Conditions prove to be invalid, this will not result in the invalidity of the entire agreement or any of its parts. The invalid clause will be replaced by the mandatory rules of the law or the established practice. Art. 24 (1) “Rosso Paint Wine Bar” shall notify Users of any amendment to these General Terms and Conditions within 7 days of the occurrence of this circumstance at the specified by the User email address.
(2) When disagreeing with the General Terms and Conditions, the User has the right to withdraw from the contract without giving any reason and without indemnity or penalty. In order to exercise this right, the Consumer shall notify Rosso Paint Wine Bar within one month of receipt of the notice under the preceding paragraph.
(3) In the event that the User fails to exercise his right to withdraw from the contract in accordance with the provisions of these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.
Art. 25 For all matters not covered by these General Terms, the provisions of the effective legislation of the Republic of Bulgaria shall apply.