Terms and Conditions

These general conditions regulate the relations between "Findly" OOD, EIK: 207367667, with its registered office and management address in the city of Varna, p.k. 9000, "Primorski" district, g.k. "Chaika", bl. 23, entrance A, fl. 1, ground floor and the individuals and legal entities using the platform with the address: www.findly.bg.

The use of the services provided through the Internet platform is possible only after acceptance of these General Terms of Use. Every single action of a user/user, after the website www.findly.bg is loaded in the browser, constitutes an electronic declaration of consent that he/she agrees with these General Terms and Conditions and is at least 16 years of age. By using the website, you provide your consent to be bound by these General Terms and Conditions for the use of the website, as well as by all other conditions regulating separate legal relationships conditioned by its use

Information on the Electronic Commerce Act and the Consumer Protection Act

Service provider: "Findly" OOD, EIC: 207367667, with headquarters and management address in the city of Varna, p.k. 9000, "Primorski" district, g.k. "Chaika", bl. 23, entrance A, fl. 1, ground floor, represented by Stanislav Kinev Stoyanov, in his capacity as manager;

Regulatory bodies: Consumer Protection Commission, with address: Sofia, PC 1000, Vrabcha St. No. 1, floors 3, 4 and 5. Electronic address for complaints and reports of violations of the Consumer Protection Commission: https://www.kzp.bg/podavane-na-zhalba;

Definitions

By "Supplier" the parties mean "Findly" OOD, EIC: 207367667, with headquarters and management address in the city of Varna, p.k. 9000, "Primorski" district, g.k. "Chaika", bl. 23, entrance A, fl. 1, ground floor, represented by Stanislav Kinev Stoyanov, in his capacity as manager

The "website" or an equivalent expression ("web page", "the page", etc.) is a specific place on the global Internet accessible via its uniform address (URL) using the HTTP, HTTPS or other standardized protocol and containing files , programs, text, sound, picture, image or other materials and resources. The website is the "Findly" OOD's own, EIC: 207367667 web page with URL: www.findly.bg;

"Active Action" means clicking/pressing/selecting an electronic link or button on the Website;

"User" is any natural person who uses the services provided by the Provider, which are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside the scope of his commercial or professional activity .

"Merchant User" is a natural or legal person providing services or selling goods who is registered on the Provider's website for the purpose of offering goods/services;

"Platform" is 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" is a software program for a computer, smartphone or other device providing the ability to transfer, process and visualize data using various types of data transfer protocols;

"Electronic link" is a link indicated in a particular Internet page that allows automated forwarding to another Internet page, information resource or object through standardized protocols;

"Malicious actions" are actions that violate Internet ethics or harm individuals connected to the Internet or associated networks, which may include: sending unsolicited mail (unsolicited commercial messages, SPAM), gaining access to resources with third-party rights and passwords , using flaws in systems for one's own benefit 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 otherwise applicable law;

"Information system / System" is any individual device or set of interconnected or similar devices, which, in the execution of a certain program, provides automatic data processing;

"Web Page" is an integral and distinct part of a Website;

"IP Address ("IP address")" is an identification number associating a computer device, Internet page or resource of the User in a way that allows its localization in the global Internet network;

"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;

"User name" is a unique code of letters, numbers and characters chosen by the User, by means of which he is individualized in his relations with other users and "Findly" OOD, EIK: 207367667;

"User Profile" is a separate part of the website of "Findly" OOD, EIK: 207367667, containing information about the User, required by the website, stored on it, used and processed according to the Personal Data Policy and in accordance with the current legislation, such as access to the user profile by the User is carried out by entering a username and password. The user profile also serves the communication between the User and "Findly" OOD, EIK: 207367667;

"Accidental event" is a circumstance of an extraordinary nature, unforeseen at the time of the conclusion of the contract, which makes the provision of the services objectively impossible;

"Virtual wallet" is a database providing information to the User about the accumulated monetary assets, conventionally called "available amount", which can only be used to purchase goods/services through the website. Upon the order of the User at the time indicated by him and for the purchase of the goods/services indicated by him, the due price will be transferred from the "available amount" to the merchant. The size of the "available amount" in the virtual wallet can be adjusted at the User's request according to his capabilities.

"Cookies" within the meaning of these terms and conditions are small text files used in accordance with the Cookie Policy to store small pieces of information locally in the User's browser/device, with the aim of the website functioning correctly and providing the best possible services.

General

These General Terms and Conditions constitute a contract for mediation and provision of services to the information society, with parties: "Findly" OOD, EIC: 207367667, with headquarters and address of management: Varna, p.k. 9000, "Primorski" district, g.k. "Chaika", bl. 23, entrance A, fl. 1, on its own website www.findly.bg, to establish virtual contacts between sellers and potential buyers-users and regulate the rights and obligations of users of the website www.findly.bg (Users), owned by "Findly OOD, EIK: 207367667.

The user declares that he is familiar with these General Terms of Use and that any active action on his part or retention of passive behavior after the website is loaded in the browser constitutes an express electronic declaration of will within the meaning of the Law on electronic document and electronic authentication services, that he agrees with these General Terms of Use.

By accepting these General Terms and Conditions, the User expressly consents to his personal data being processed by "Findly" OOD, EIK: 207367667 in compliance with the requirements of the Personal Data Protection Act - both in relation to these General Terms and Conditions and the use of the website , as well as on the occasion of the activity of "Findly" OOD, EIK: 207367667.

The site's services are intended for persons over 18 years of age. If the User is a minor, he may not use the Services without the express written permission of a parent or guardian. The use of the site without such permission is contrary to these General Terms and Conditions and constitutes hiding important information and misleading the Provider. In this case, the Provider is not responsible for any circumstances or events arising as a result of this misrepresentation by the User.

Subject of contractual relations

The Provider provides the Users with a social platform for online shopping of services provided by third parties operating hotels and/or restaurants through its website, under the conditions of a contract for distance sales within the meaning of Article 45 et seq. of the Law on the Protection of the users, exercising the powers given to him under this contract.

The distance sales contract, through which the User purchases goods/services using the platform provided by the Provider, is different from these General Terms and Conditions, and when making an electronic statement to conclude the purchase and sale contract, the User agrees both with these General Terms and Conditions , as well as with the content of the distance sales contract providing for an advance payment, available prominently in the sales interface.

Limitations on Supplier's Liability

The provider solely maintains the website and is not liable in the following cases:

For damages caused by incorrect behavior of third parties, promoting through the Internet site owned by the Provider, or third parties, subcontractors on the site;
For possible defects and/or other claim liability regarding the goods/services purchased by the User through the site, as well as if conditions or prices in offers announced on the site by promoting merchants turn out to be wrong or misleading;
For violation of copyright and related rights through the positioning of materials subject to these rights, provided by Users or third parties promoting and/or using the services of the Internet site owned by the Provider;
For damages caused by other sites accessible through links/banners placed on this site;
For all damages caused to Users during the provision of the service, with the exception of intentionally caused damages (by the Provider's employees);
If the User forgets his personal profile open on 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 caused by the purchase of goods/services offered through the site and/or by the action/inaction of the merchants selling them in connection with the provision of mandatory information to Users in accordance with the requirements of the Consumer Protection Act;
For the damages that occurred in the absence or interruption of accessibility to the Internet site, independent of the Provider.
Rights and obligations of the User in relation to the user profile and the use of the platform.
The username with which the User registers does not give him any rights other than the right to use the specific username within the Provider's information system. When the User changes his username, the Provider 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), right trademark or other intellectual property rights.
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.
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;
to fulfill these General Terms both in his relations with the Administrator of the site and in his relations with other Users arising as a result of the use of the site;
not to harm the good name of another 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 the Provider of any case of committed or detected 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, as well as 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 Provider's website 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;
take all care and take the necessary measures that are reasonably necessary to protect the username and password;
not to upload, not to disclose in any way to third parties and not to provide the Provider with content - information, data, text, sound, files, software, music, video, photographs, graphics, audio materials, messages, as well as and any other materials or electronic references to materials that:
contradict Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics, rules of morality and good manners;

are subject to the intellectual property rights of third parties, except with the consent of the right holder.

The User declares that by confirming these General Terms and Conditions and their sections, he is bound by the obligation to fulfill them both in his relations with the Site Administrator and in his relations with other Users arising as a result of the use of the site.

In cases where the User uploads photos, videos and other content to the Provider's platform, he does so at his own risk, being obliged to arrange the copyright of the relevant materials himself, as well as the consent of the possibly filmed persons.

For unsettled cases in the contractual relations that arose between Users when concluding a contract between them through the use of the site, as well as in the event of a conflict between the clauses of a contract concluded between Users through the use of the site and the clauses of these General Terms and Conditions and their annexes, shall apply the clauses of the General Terms and Conditions and their annexes, unless expressly stated otherwise.

Rights and obligations of Merchant Users in connection with the use of the platform.

Each of the registered Users - merchants, and of the registered users - potential buyers of goods/services, authorizes the Supplier by means of the information platform maintained by him, located on the website maintained by the Supplier, to conduct negotiations and/or conclude contracts, as well as to register the concluded contracts between the promoting merchants and the specific purchasers of goods/services, including on behalf of the authorizers to accept and forward payments made under contracts for the purchase of goods/services from a distance with advance payment concluded between a specific Merchant and User.

Rights and obligations of the Provider in connection with the use of the platform.

The Provider reserves the right to unilaterally terminate this contract, to delete and delete the user profile of a User, as well as at its discretion to prohibit further use of the website by him, without being responsible for any damages suffered or lost profits as a result of this, in the following cases:

in case of violation of any of the rules included in these General Terms and Conditions and their annexes by the User;
in case of suspicion of improper actions on the part of the User towards the Provider or other Users;
in case of suspicion of violation of provisions of the current legislation;
in case of provision of false or misleading data by the user;
in case of non-use of the User's profile for a long period of time;
in other cases, at the discretion of the Supplier.

Protection of personal data

The Provider takes due care and is responsible for protecting the information about the User, which became known to him on the occasion of the user's use of the site, except in cases of force majeure, accidental event or malicious actions of third parties.

The Provider collects and processes information about Users only for the purposes provided for in these General Terms and Conditions and the Personal Data Policy.

By accepting these General Terms and Conditions, the User agrees to the processing of his personal data for the purposes of the Provider, according to the Personal Data Policy, an integral part of the General Terms and Conditions.

By registering on the website, the User consents to the use of his personal data for the purpose of concluding a future contract. The User should bear in mind that if a purchase has already been made through a distance contract, the User will not be able to withdraw his consent to the processing of his personal data, processed for the purposes of the contract, and to be completely "forgotten" (all information to be deleted).

By registering on the website, the User-merchant accepts and agrees to the right of every User of the site who uses the services offered by the merchant, purchased through the website, to publish in the same his opinion about the quality of the services offered through reviews and/or digital ratings accessible and visible in the merchant's profile on the same site. Likewise, the merchant has the right to post a response to the buyer's review and rating.

The user has no right to post reviews with text that could be qualified as discriminatory and/or injurious to morals and good manners. In these cases, the Administrator has the right to delete and/or make the published text unavailable.

The Supplier bears no responsibility for the publication by the buyer of false statements that could damage the good name and/or business of the Merchant User. The User-merchant has the right to seek liability from the User for damages caused as a result of published false statements. Agreeing to this clause of the General Terms and Conditions is a necessary and mandatory condition for registration on the website and for using the services offered by its Administrator, as well as for the conclusion, through the website, of any contract between a promoting merchant offering goods/services and a potential buyer. The subsequent expressed disagreement of a User of the site with the text of this clause is grounds for the Provider to delete the User's profile from the site.

The User agrees that upon entering into a distance sales contract, part of his personal data will be provided to the relevant User-merchant, for the purposes of implementing the relevant legal relations that have arisen. Such personal data are: Names, in certain cases - Telephone number and E-mail address, address, etc.

Entering into a contractual relationship between a User and a User-merchant, through the use of the Provider's website

By loading the website, the User gets the opportunity to familiarize himself in detail with a published offer, which in most cases refers to the purchase and sale of goods or services.

In a prominent place on the title page, the User can familiarize himself with both the data of the company maintaining the Internet site and the data of the third party - User-merchant, at the relevant time, together with the General Terms and Conditions for the use of the site, as well as the General conditions for concluding a contract for the purchase and sale of a service. By taking an active action, the User declares that he is familiar with the General Terms of Use of the site and unconditionally accepts them.

In the event that the User wishes to enter into 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 intent to enter into a distance purchase-sale contract, with advance payment on account of the Supplier.

(1) The contract for purchase and sale at a distance is considered concluded upon making the advance payment. For the amount paid in advance, the Provider issues a virtual receipt to the User or provides another type of notification confirming an advance payment made for the purchase of a good/service offered with a specific offer published on the website.

(2) The Supplier pays the sums received by the Users to the relevant User-merchant on the day of check-in, but no later than 7 days after the check-in date, by issuing an invoice for the commission by the 10th of the month following the month in which payment made.

In the event that the User has not registered on the site so far, he should go through a short registration procedure, during which he voluntarily, in accordance with these General Terms and Conditions, provides the data necessary for registration, conclusion and execution of the contract. During the User's registration, a user profile and a virtual wallet are created, which are loaded with the User's amounts.

The User is not required to use only the virtual wallet to make payments for the purchase of goods/services provided through the Provider's website. The provider indicates on its website all the payment methods it supports. If the payment is made in cash through a "cash terminal" that does not return change, the amount paid in excess is accumulated in a virtual wallet opened for the User upon registration on the site. Upon subsequent purchase, the User can use the amount accumulated in his virtual wallet.

When a mandatory condition stipulated in the published offer is not fulfilled, for reasons independent of the User-merchant, the latter does not owe delivery of the goods and/or service paid in advance.

In the cases under the previous article, including when exercising the right of withdrawal from the contract by the buyer, the Supplier, in his capacity as the owner of the electronic platform through which the transaction was concluded, and temporarily storing the amounts paid in advance, if he has not yet has transferred to the seller's account, has the right, but not the obligation, to refund the amount paid by the User by transferring it to his virtual wallet or, at the express request of the latter and after presenting a document proving the payment, transfer it to him by bank account specified by him.

If the amount has been paid online by the buyer via a bank card through a virtual POS terminal integrated into the website, then the refund can be made directly to the same bank card. Amounts accumulated in the Virtual Wallet can only be used for shopping through the Website. For the time from the advance payment to the transfer of the amount to the User-Merchant and for the storage of amounts in the virtual wallet, interest and fees are not due.

Entering into a contractual relationship between a User and a User-merchant, through the use of the Provider's website

By loading the website, the User gets the opportunity to familiarize himself in detail with a published offer, which in most cases refers to the purchase and sale of goods or services.

Copyright

The intellectual property rights in all objects of intellectual property - materials, databases and other resources located on the website are subject to protection under the Copyright and Related Rights Act and/or the Trademarks and Geographical Indications Act and belong to or have been granted for the use of the Provider and may not be used by any other person in violation of current legislation.

The intellectual property rights regarding the text and content of the published offers belong to the User-Merchant who published them and he is solely responsible for their lawful use. The Merchant User declares that he is the holder of the copyright or has the right to use the relevant content, having acquired this right on a legal, contractual or other legal basis, and that placing this content on the website or making it available to the Provider for placing on the website does not infringe the rights of third parties.

The Provider does not have the obligation and the objective opportunity to control the way the User uses the services provided, and is not responsible for the content of the advertisements, including the intellectual property rights on this content, as well as for the User's activity in connection with using the site. The Provider does not have the obligation to monitor the information stored on its servers or made available when providing services, nor to look for facts and circumstances indicating the performance of illegal activity by the User through the use of the services.

(1) All elements of the content of the Website, including design, domain name, trademark, software systems, software as services, databases, text, drawings, graphics, sketches, industrial design and other information or elements representing an object of intellectual property within the meaning of the Copyright and Related Rights Act, the Trade Marks and Geographical Indications Act and the Industrial Design Act, are the intellectual property of the Provider or made available for use by the Provider.

(2). Any use, reproduction, modification, public display and other similar actions of part or all of the copyrighted content of the Provider's websites without the express prior written permission of the Provider as the copyright holder (who legitimizes his rights to the relevant product in an appropriate and generally accepted manner) is prohibited and prosecuted under applicable national and international legislation governing intellectual property.

(3). The User is not entitled to save, copy or reproduce the source code, parts, elements or materials from the website without the express prior written permission of the Provider.

(4). The intellectual property rights of all materials and resources located on the website (including available databases, trademarks, industrial designs and others) are subject to protection under the Copyright and Related Rights Act, the Trademarks and Geographical Indications Act, the the industrial design belongs to the Supplier or has been provided for the use of the Supplier and cannot be used in violation of the current legislation.

(5). The possibility of using the services provided by the Provider does not include the right to copy or reproduce information and use objects of intellectual property, unless it concerns information of an insignificant volume intended for personal use, provided that they are not damaged unjustifiably the legal intellectual property rights of the Provider and in the event that the copying or reproduction is carried out for non-commercial purposes, and when referring to it, it should be expressly indicated that it has been removed from the website.

(6). In case of copying or reproduction of information beyond what is permissible, according to the preceding paragraph, as well as in case of any other violation of the intellectual property rights on the Provider's resources, the violator owes the Provider a fine of BGN 5,000 (five thousand) for each individual violation. The specified amount of the penalty does not deprive the Supplier of the right to claim compensation for greater damages than the amount of the penalty.

(7). Each User undertakes, when using the Provider's Website and its functionalities, to comply with Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics, rules of morality and good manners; not to harm 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; to immediately notify the Provider of any case of committed or detected violation; not to interfere with the correct operation of the system, including, but not limited to, not to thwart the identification procedure of another User, not to access and use outside of those provided, not to damage or hinder the availability, reliability or quality of the access provided, as well as not to 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 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 actions within the meaning of these General Terms and Conditions.

(8). By confirming these Terms and Conditions, each User agrees and acknowledges that Provider owns all right, title and interest, including without limitation all intellectual property rights (as defined above) in the display of advertisements, technology, search technology , the referral technology for certain actions, including implied licenses regarding objects licensed by the Provider, and that the User will not acquire rights from the Provider's system.

(9) The User undertakes not to modify, adapt, translate, create derivative works, decompile, disassemble or otherwise attempt to obtain databases or the source code for the software services offered by the Provider. The same prohibition applies to all attempts to access confidentiality

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