Terms & Conditions

This document contains the General Terms and Conditions of the agreement for the use of services provided by “OBENTO” EOOD through the website OBENTOSUSHI.BG (“General Terms”) and governs the relationship between “OBENTO” EOOD and each user of the services accessible through the website OBENTOSUSHI.BG. 

I. DEFINITIONS In interpreting and applying these General Terms, the terms and expressions used shall have the following meanings:

1.1. “OBENTO” EOOD (hereinafter referred to as “OBENTO”) is a commercial company, UIC BG205298652, phone (+35929873632), email: obentosushi.bg@gmail.com, which provides the services subject to these General Terms through the portal it administers: http://OBENTOSUSHI.BG; registered under the Value Added Tax Act with VAT number: BG205298652

1.2. OBENTOSUSHI.BG (http://OBENTOSUSHI.BG) is a website (portal) – an online store through which USERS are provided with the services described in these General Terms.

1.3. “USER” is any person who uses any of the services provided through the website OBENTOSUSHI.BG.

1.4. “User profile” is a designated section within OBENTOSUSHI.BG containing information about the user provided during registration and stored by “OBENTO”, where access to the user profile is achieved by entering a username and password. The profile allows the user to view and edit data entered during registration, access their personal profile, change their access password, subscribe or unsubscribe from newsletters, etc.

1.5. “Username” is a unique code of letters and/or numbers chosen by the user, through which they are identified on OBENTOSUSHI.BG.

1.6. “Password” is a code of letters and/or numbers chosen by the user, which together with the username identifies the user.

1.7. “Server” is a device or system of connected devices on which system software is installed for performing tasks related to storing, processing, receiving or transmitting information.

1.8. “Website” is a designated location on the global Internet, accessible through its unified address (URL) via HTTP or HTTPS protocol, containing files, programs, text, sound, images, pictures, electronic links or other materials and resources.

1.9. “Force majeure event” is an unforeseen circumstance of an extraordinary nature at the time of concluding the agreement, which makes its performance objectively impossible.

1.10. “Commercial communications” are advertising or other messages directly or indirectly presenting the goods, services or reputation of a person engaged in commercial or craft activities or practicing a regulated profession.

II. SUBJECT OF THE AGREEMENT

2.1. “OBENTO” through the Website OBENTOSUSHI.BG provides the USER with the services envisaged in these General Terms (“Services”) in online mode, subject to strict compliance by the latter with the requirements set out in these General Terms.

2.2. Some of the Services on the Website OBENTOSUSHI.BG are provided to all USERS without requiring prior registration. These include, but are not limited to: access to and use of, in compliance with the rules of these General Terms, information resources, viewing photos, browsing the menu, accessible through the Website OBENTOSUSHI.BG – entertainment publications, as well as other content published on the Website OBENTOSUSHI.BG; “Search” services related to obtaining access to and the ability to automatically search for data structured according to various predetermined criteria or keywords specified by the USER;

2.3. The use of some of the Services on the Website OBENTOSUSHI.BG is only possible after prior registration, creation of a User profile and entering the username and password. These include, but are not limited to: the “Delivery Orders” service, as well as the “Pickup Orders” service, consisting of providing courier services and delivery to an address, as well as ordering goods to be personally picked up by the customer at one of “OBENTO”’s establishments.

III. SCOPE OF APPLICATION. CONSENT TO THE GENERAL TERMS

3.1. These General Terms apply in relations with USERS who have registered on the Website OBENTOSUSHI.BG (“registered USERS”). These General Terms also apply accordingly in relations with USERS who have not registered on the website OBENTOSUSHI.BG (“unregistered USERS”), with their rights limited to using the services described in clause 2.2.

3.2. The text of these General Terms is accessible on the Internet at the web address http://OBENTOSUSHI.BG in a manner that allows its storage and reproduction.

3.3. In order to use the services under clause 2.3 of these General Terms, the USER must register in advance by completing the corresponding electronic registration form accessible in real time (online) on OBENTOSUSHI.BG

3.3.1 During the registration process, by checking the box “I agree to the General Terms of “OBENTO” EOOD” and pressing the virtual button “Register”, the USER makes an explicit electronic declaration within the meaning of the Electronic Document and Electronic Signature Act, declaring that they are familiar with these General Terms, accept them, agree with them and undertake to comply with them.

3.3.2 If the data required in the registration form is not provided, “OBENTO” has the right to refuse registration.

3.3.3 In the event of providing false data or failure to reflect changes in a timely manner, “OBENTO” has the right to immediately terminate or suspend, without notice, the provision of Services, as well as the maintenance of the user’s registration. In such cases, the termination of Services is considered an automatic termination of the agreement.

IV. USERNAME AND PASSWORD. USER PROFILE

4.1. During registration, the USER specifies a username and password. If the username is not already taken, the USER receives the username and password they requested. Through them, the USER gains access to their User profile and the ability to use the Services under clause 2.3.

4.2. The username is a unique code of letters, numbers and characters through which the USER is identified when using the Services under clause 2.3. “OBENTO” does not verify and is not responsible for the correspondence of the username with the USER’s name, 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), the right to a registered trademark or other intellectual property rights.

4.3. The password is a code of letters, numbers and characters which, together with the username, serves for access to a specific user profile.

4.5. The USER is obliged not to disclose the password to third parties and to immediately notify “OBENTO” in case of unauthorized access, as well as in case of a probability of such. The USER is obliged to take all reasonable care and necessary measures to protect their password and bears full responsibility for all actions performed by them or by a third party through the use thereof.

V. CONCLUSION OF THE AGREEMENT

5.1. The agreement between the parties takes effect from the moment consent is reached, as documented in the manner specified in clause 3.2 or clause 3.3.1.

5.2. The agreement is concluded in Bulgarian.

5.3. The agreement is effective:

a) For unregistered USERS – until the discontinuation of use of the Services under clause 2.2;

b) For registered USERS – for an indefinite period from the registration of the USER until the termination of the agreement in the manner provided in these General Terms.

VI. INTERACTIONS WITH THIRD PARTIES

6.1. When needed and at its discretion, OBENTO may request services from other legal or natural persons, for which services OBENTO may provide personal data of users according to business needs. By accepting these terms, users agree to the provision of necessary information to third parties and release OBENTO from liability for the actions of such third parties. VII. RIGHTS AND OBLIGATIONS OF THE USER 7.1. The USER shall independently ensure the necessary client equipment (end devices for Internet access and corresponding software applications) and Internet access required for using the Services provided by “OBENTO”. 7.2. The USER has the right to online access to the Services provided through OBENTOSUSHI.BG, subject to the access conditions and requirements determined by “OBENTO”. 7.3. The USER has the right at any time, at their own discretion, to discontinue the use of the Services provided by “OBENTO” by deactivating the provision thereof from their User profile or terminating their registration on the Website OBENTOSUSHI.BG, or ceasing to use the Services under clause 2.2. From the moment of termination of registration, and for unregistered USERS – from the moment of ceasing to use the services under clause 2.2, the agreement between the parties is considered automatically terminated, and “OBENTO” stops the respective USER’s access to their User profile and has the right to stop access to and delete from its servers all User content placed by them in accordance with clause 14.2 of these General Terms. Deactivation of certain Services does not lead to termination of the agreement. VIII. RIGHTS AND OBLIGATIONS OF “OBENTO” 8.1. “OBENTO” undertakes to exercise due care in providing the USER with the opportunity to normally use the Services. 8.2. “OBENTO” has the right to send commercial communications to USERS, including through the “Electronic mailbox” service, in order to offer information and advertisements regarding its goods and/or services, to make inquiries on various matters, to conduct surveys and others. By accepting these General Terms, the USER agrees to receive commercial communications from “OBENTO”. 8.11. “OBENTO” reserves the right to temporarily or permanently discontinue the provision of specific Services accessible through the Website OBENTOSUSHI.BG, notifying the USER thereof with a message on the website. IX. INTELLECTUAL PROPERTY 9.1. When using the Services subject to these General Terms, the USER has access to diverse content and resources that are subject to copyright or other intellectual property rights of “OBENTO”. The USER has access to the content for the purpose of using it for personal needs in accordance with these General Terms and has no right to use, record, store, reproduce, modify, adapt or publicly distribute intellectual property objects that have become accessible to them when using the Services. Regardless of the above, the USER has no right to remove trademarks and indications of other intellectual property rights from materials accessible to them, regardless of whether the holder of the respective rights is “OBENTO” or another USER. X. LIABILITY. LIMITATION OF LIABILITY 10.1. “OBENTO” is not liable for failure to provide services in the event of circumstances beyond its control – in cases of force majeure, fortuitous events, problems in the global Internet network and in the provision of services beyond the control of “OBENTO”, problems due to the USER’s equipment, as well as in the event of unauthorized access or intervention by third parties in the operation of the information system or servers of “OBENTO”. 10.2. By accepting these General Terms, the USER declares that they are aware of the possibility of potential interruptions and other types of difficulties in establishing an Internet connection to the Website OBENTOSUSHI.BG, which may arise regardless of the care exercised by “OBENTO”. The USER declares that they will not claim any compensation from “OBENTO” for lost profits, damages incurred or inconveniences resulting from the above-mentioned interruptions or difficulties of the Internet connection, including with regard to the capacity of such connection. XI. RIGHTS OF “OBENTO” IN CASE OF NON-FULFILLMENT OF USER’S OBLIGATIONS 11.1. “OBENTO” has the right, without notice, to deactivate the password for access to the USER’s profile in the event that, in the judgment of “OBENTO”, the USER violates these General Terms. In such cases, “OBENTO” has the right to terminate the USER’s registration, to discontinue the provision of Services under clause 2.3 to the USER. The agreement with the USER is considered automatically terminated from the date of termination of their registration.

XII. TERMINATION AND DISSOLUTION OF THE AGREEMENT

12.1. In addition to the cases provided for in these General Terms, the agreement between the parties shall also be terminated upon the occurrence of any of the following circumstances:

a/ cessation of the activities of “OBENTO” or discontinuation of maintenance of the Website OBENTOSUSHI.BG;

b/ mutual consent of the parties for termination;

c/ other cases provided by law.

XIII. OTHER CONDITIONS

13.1. The parties agree that if any of the clauses of these General Terms proves to be invalid, this shall not entail the invalidity of the agreement, of other clauses or parts thereof. The invalid clause shall be replaced by the mandatory provisions of the law or established practice.

13.2. For all matters not regulated by this agreement, the provisions of the applicable legislation of the Republic of Bulgaria shall apply.

13.3. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that agreement cannot be reached, all unresolved disputes arising from or relating to the agreement between the parties, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the agreement or its adaptation to newly arising circumstances, shall be resolved by the competent court under the applicable Bulgarian legislation in the city of Sofia. These General Terms were approved by the manager of “OBENTO” EOOD on 15.05.2016 and enter into force as of 16.05.2016.