Terms and Conditions
Welcome to BeNl Foodshop!
These terms and conditions outline the rules and regulations for the use of La Cala Foods's Website, located at www.benlfoodshop.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use BeNl Foodshop if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of bg. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing BeNl Foodshop, you agreed to use cookies in agreement with the La Cala Foods's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, La Cala Foods and/or its licensors own the intellectual property rights for all material on BeNl Foodshop. All intellectual property rights are reserved. You may access this from BeNl Foodshop for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from BeNl Foodshop
- Sell, rent or sub-license material from BeNl Foodshop
- Reproduce, duplicate or copy material from BeNl Foodshop
- Redistribute content from BeNl Foodshop
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. La Cala Foods does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of La Cala Foods,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, La Cala Foods shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
La Cala Foods reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant La Cala Foods a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of La Cala Foods; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to La Cala Foods. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of La Cala Foods's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
GENERAL TERMS OF ELECTRONIC STORE
I. SUBJECT
Art. 1. These general conditions are intended to regulate the relations between "La Cala Foods" EOOD, Sofia, 102, Iztochna Tangenta Street Fl.4 Of.1. , hereinafter referred to for short as SUPPLIER, and the customers, hereinafter referred to as USERS, of the online store
www.benlfoodshop.com
II. PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: "La Cala Foods" EOOD
2. Headquarters and address of management: 1528,Sofia-102, Iztochna Tangenta Street Fl.4 Of.1
3. Address for exercising the activity:1528,Sofia-102, Iztochna Tangenta Street Fl.4 Of.1
4. Correspondence details: phone: +359 876 236 667, e-mail: info@benlfoodshop.com
5. Entry in public registers: EIK 206948206
6. Supervisory authorities:
(1) Commission for the Protection of Personal Data
Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov" No. 2,
phone: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, Slaveykov Sq. No. 4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
7. Registration under the Value Added Tax Act No. BG 206948206
III. CHARACTERISTICS OF BeNl Foodshop
Art. 3. The electronic store is available at the Internet address www.benlfoodshop.com
, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by BeNl Foodshop, including the following:
1. To register and create a profile for browsing BeNl Foodshop and using the additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with BeNl Foodshop through the interface of BeNl Foodshop page available on the Internet;
3. To enter into contracts for the purchase and sale and delivery of the goods offered by BeNl Foodshop;
4. To make any payments in connection with the concluded contracts with the BeNl Foodshop, according to the payment methods supported by BeNl Foodshop.
5. To receive information about new goods offered by BeNl Foodshop;
6. To review the goods, their characteristics, prices and terms of delivery;
7. To be notified of the rights arising from the law primarily through the interface of the BeNl Foodshop page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal from the contract is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users enter into a contract for the purchase and sale of the goods offered by BeNl Foodshop through the Supplier's interface, available on its website or another means of remote communication.
(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms and conditions set by BeNl Foodshop and these general terms and conditions. The remuneration is in the amount of the price announced by the Supplier at the address of the BeNl Foodshop on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions. (5) The price for the delivery is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
IV. USE OF BeNl Foodshop
Art. 7. (1) In order to use BeNl Foodshop to conclude contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User, through electronic registration on the Provider's website.
(3) By filling in his data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending a letter to the electronic address specified by the User, to which information on activation of the registration is also sent. The User confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Provider. After the confirmation, the User's account is created and a contractual relationship is established between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In order to use the full functionality of the Supplier's electronic store, the User undertakes to register on the electronic store's website. The Provider is not responsible if, due to lack of registration, the User could not use the full functionality of the electronic store, including in relation to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) The present general terms and conditions can be accepted by the Users even without registration in the BeNl Foodshop through an express declaration of will, including through the BeNl Foodshop website.
Art. 8. (1) The electronic address provided during the initial registration of the User, as well as any subsequent electronic address used for the exchange of statements between the User and the Provider, is a "Primary electronic address" within the meaning of these general terms and conditions. The User has the right to change his Primary Contact Email Address.
(2) Upon receipt of a request to change the Main contact email address, the Provider sends a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.
(3) The change of the Primary contact electronic address is carried out after confirmation by the User, expressed through a reference contained in the request for confirmation sent by the Provider to the new Primary contact electronic address specified by the User.
(4) The Provider informs the User about the change made, by means of an electronic letter sent to the Primary contact email address specified by the User before making the change under para. 2.
(5) The Provider shall not be liable to the User for an unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Main Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 9. (1) Users primarily use the interface of the Provider's page to enter into contracts for the purchase and sale of the goods offered by the Provider in BeNl Foodshop. (2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User constitutes the present general terms and conditions available on the BeNl Foodshop website.
(4) Party to the contract with the Supplier is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt these are the details with which an account was created with the Supplier.
(5) The supplier includes in the interface of its Internet page, technical means for identifying and correcting errors in the entry of information before the statement to conclude the contract is made.
(6) This contract is considered concluded from the moment of the User's registration with the Supplier or the acceptance of the general conditions in another express way, including through a statement on the Supplier's website. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Supplier expressly notifies the User in an appropriate manner by electronic means. (8) The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not responsible in the event that the data specified by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the purchase and sale contract with the Supplier according to the following procedure:
Registration in the BeNl Foodshop and provision of the necessary data, if the User has not yet registered in the BeNl Foodshop or by requesting a product without registration;
Entering the BeNl Foodshop ordering system by identifying with a name and password and another means of identification;
Selecting one or more of the goods offered on the BeNl Foodshop and adding them to a list of goods for purchase;
Provision of data for making the delivery;
Choice of method and moment of payment of the price.
Order confirmation;
(2) Users can conclude the purchase and sale contract with the Supplier without registration by using the relevant functionality in the electronic store interface
VI. SPECIFIC PROVIDER OBLIGATIONS. CONSUMER PROTECTION
Art. 11. The rules of this section VI of these general terms and conditions apply to Users who, according to the data specified for the conclusion of the sales contract or during the registration in BeNl Foodshop, it can be concluded that they are users within the meaning of the Law for consumer protection, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the BeNl Foodshop website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the BeNl Foodshop website.
(3) The value of postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before concluding the contract:
- In the profile of each of the goods on the BeNl Foodshop Supplier's website;
- When selecting the goods for the conclusion of the contract of sale;
(4) The method of payment, delivery and performance of the contract is determined in these general conditions, as well as the information provided to the User on the Supplier's website.
(5) The information provided to the Users under this article is current at the time of its visualisation on the Supplier's website before the conclusion of the purchase and sale contract.
(6) The supplier must indicate the conditions for delivery of the individual goods on his website.
(7) The supplier indicates before concluding the contract the total value of the order for all the goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act can be provided through the BeNl Foodshop platform interface or e-mail.
Art. 13. (1) The User agrees that the Supplier has the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery. (2) The User chooses independently whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.
Art. 14. (1) The user has the right, without owing compensation or a penalty and without giving a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods, using the single contract withdrawal form available on the website of the Supplier. Information on exercising the right of withdrawal is available on the Supplier's website. Users may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for the delivery of goods made to the order of the user or according to his individual requirements;
2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
4. for the delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the user within the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the Provider through the single contract opt-out form available on the Provider's website .
(4) When the User has exercised his right of withdrawal from the distance contract or the off-premises contract, the Supplier shall refund all sums received from the User, including delivery costs, without undue delay and no later than 14 days from the date on which he was notified of the User's decision to withdraw from the contract. The Provider refunds the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressed his express consent to use another means of payment and provided that this is not associated with costs for the User.
(5) When exercising the right of refusal, the costs of returning the delivered goods are for the account of the user and the costs of returning the goods are deducted from the amount that the User has paid under the contract. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the User has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received by the Supplier and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier using the standard contract withdrawal form available on the BeNl Foodshop website.
(8) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the sums to the consumer until he has received the goods or until the Consumer has provided proof that he has sent the goods back, whichever has occurred earlier.
Art. 15. (1) The term of delivery of the goods and the starting moment from which it runs is determined for each good separately when concluding the contract with the user through the Supplier's website, unless the goods are ordered in one delivery.
(2) In the event that the user and the Supplier have not determined a delivery time, the delivery time of the goods is 30 working days, calculated from the date following the sending of the user's order to the Supplier via the e-shop website.
(3) If the Supplier cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User of this and to refund the amounts paid by it.
Art. 16. (1) The supplier delivers the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.
(2) The User and the Supplier certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Supplier agree that the requirements under para. 1 will be complied with if the authentication is performed by a person who, according to the circumstances, can be inferred to pass on the information to the user - a party to the contract.
VII. OTHER TERMS
Art. 17. The Supplier delivers and hands over the goods to the User within the time limit specified at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and if it does not meet the requirements, notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The provider accepts and announces on its website a Policy for the protection of personal data.
(4) Users agree that the Provider has the right to process their personal data, necessary for the fulfillment of orders in the electronic store and the performance of the contract.
Art. 20. (1) At any moment, the Provider has the right to require the User to identify himself and to certify the reliability of each of the circumstances and personal data announced during registration.
(2) In the event that for some reason the User has forgotten or lost their username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify all registered Users in an appropriate manner. (2) The Provider and the User agree that any addition and amendment to these general terms and conditions will be effective against the User after the Provider has expressly notified him and if the User does not state within the 30-day period granted to him that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 22. The supplier publishes these general terms and conditions on its website together with all additions and amendments to them.
X. TERMINATION
Art. 23. These general conditions and the User's contract with the Supplier are terminated in the following cases:
upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
unilaterally, with notice from each of the parties in case of non-fulfilment of the obligations of the other party;
in case of objective inability of one of the parties to the contract to fulfill its obligations;
when the equipment is seized or sealed by state authorities;
in case of deletion of the User's registration on the BeNl Foodshop site. In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable;
in case of exercising the right of refusal according to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable for the relevant category of goods.
XI. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.