These GENERAL TERMS AND CONDITIONS shall govern the relationship between GALADI EOOD, hereinafter referred to as “GALADI EOOD”, on the one hand, and the Clients of websites and services located in the www.cherryyou.comdomain (hereinafter referred to as “Clients”), on the other hand.

GALADI EOOD is a company registered under the Commercial Law of the Republic of Bulgaria, with UIC 202219824, with its headquarters and registered address at: r. c. Obelya1, bldg. 118, entrance B, Sofia, e-mail address: cherryyoumail@gmail.com,  phone: +359 877349009.

GALADI EOOD is registered as a personal data controller and holds a Personal Data Controller Certificate with No. 398674.

A Client within the meaning of the Client Protection Act is any natural person who acquires goods or uses services that 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 their commercial or professional activity.

Only Users within the meaning of the Client Protection Act enjoy the rights provided for therein. For the Clients of GALADI EOOD who are not Users, the rules of these General Terms and Conditions regarding the right to withdraw from the contract, and replacement, complaints and guarantees do not apply. The general legislation of the Republic of Bulgaria applies to these Clients, including but not limited to the Law on Obligations and Contracts and the Commercial Law.

Please read the published General Terms and Conditions in their entirety before using the informational and commercial services offered by www.cherryyou.com(the “Services”). By viewing www.cherryyou.com, each Client automatically undertakes to comply with the conditions described below.

Thim/her document contains information about the activities of GALADI EOOD and the general conditions for using the services provided by GALADI EOOD, regulating the relationship between us and each of our Clients.

Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of a contract between the Client and GALADI EOOD

SERVICES PROVIDED

Art. 1 The services provided by GALADI EOOD to the Client are information society services within the meaning of the Electronic Commerce Act.

Art. 2. CHERRY YOU.COM is an electronic store available at the website www.cherryyou.com, through which Clients have the opportunity to enter into contracts for the purchase and sale of new goods offered by GALADI EOOD.

IDENTIFICATION AND REGISTRATION

Art. 3 (1) GALADI EOOD identifies the Clients at the site by storing log files on the www.cherryyou.comserver and on the Client’s IP address.

(2) GALADI EOOD has the right to collect and use information about the Clients after their registration. The information by which the person can be identified may include name, surname, date of birth, gender, address, telephone, as well as any other information that the person voluntarily provides during registration. The information includes any other information that the Client enters, uses or provides when using the Services provided by GALADI EOOD

Art. 4 (1) GALADI EOOD takes due care and is responsible for protecting the information about the Client, which became known to it 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.

(2). In the registration form filled out by the Client during registration, GALADI EOOD 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, the Client agrees to have him/her/her information processed in the order provided for in them.

(3) The restrictions under para. 1 do not apply in the event that GALADI EOOD is obliged to provide the personal information about the Client to the relevant competent state authorities according to the current legislation.

Art. 5 (1) GALADI EOOD collects and uses the information under Art. 4 for the purposes provided for in these General Terms and Conditions, as well as for offering new goods and/or services to the Client (free or paid). The described purposes for which the information is used are not exhaustively listed and do not create any obligations for GALADI EOOD.

(2) By accepting these General Terms and Conditions, the Client agrees to the processing of him/her/her personal data for the purposes of this contract and direct marketing.

Art. 6 (1) The Client can register by filling in the relevant electronic registration form, available in real time (on-line) on the Internet on the website of GALADI EOOD, express agreement with these General Terms and Conditions and declare that he/she has legal capacity.

(2) By pressing the Registration virtual button, having the effect of a written confirmation of the General Terms and Conditions, the Client makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which he/she declares that he/she is familiar with these General Terms and Conditions, accepts them and undertakes to comply with them. By recording it on a suitable medium in the server of GALADI EOOD, through a generally accepted standard for conversion in a technical way making possible its reproduction, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. GALADI EOOD may store in log files on its server the Client’s IP address, as well as any other information necessary to identify him/her and reproduce him/her electronic statement of acceptance of the General Terms and Conditions in the event of a legal dispute. The text of these General Terms and Conditions is available on the Internet on the website of GALADI EOOD in a way that allows its storage and reproduction.

(3) When completing the registration application, the Client is obliged to provide complete and correct data regarding identity (for individuals), legal status (for legal entities) and other data required by the electronic form of GALADI EOOD, as well as to update them in 7 (seven) days from their change. The Client declares that he/she agrees to provide the personal data so requested, thereby guaranteeing that the data he/she provides in the registration process is true, complete and accurate and, if the latter changes, he/she will update them promptly. In case of the Client providing incorrect data, GALADI EOOD has the right to terminate or stop immediately and without notice the provision of services, as well as the maintenance of the Client’s registration.

Art. 7 (1) Upon registration, the Client receives a unique Client name and password to access the services available through the GALADI EOOD website.

(2) The Client name with which the Client registers does not give him/her any other rights, except the right to use the specific Client name within the GALADI EOOD electronic store.

(3) The registrant, in his/her capacity as a representative of a legal entity, is obliged to enter his/her full name and address, resp. the name of the legal entity he/she represents. By accepting the General Terms and Conditions, he/she guarantees and confirms that he/she has a contractual relationship with the Client company registered by him/her. By entering incorrect or misleading information, the Client is deprived of the right to access the services of the GALADI EOOD website.

(4) The Client is obliged to take all care and take the necessary measures that are reasonably necessary in order to protect his/her password, as well as not to disclose his/her password to any third parties and to immediately notify GALADI EOOD in the event of an illegal access, as well as in the case of probability and suspicion of such access. He/she bears the responsibility and risk for the protection of his/her password, as well as for all actions that are carried out by him/her or any third party using his/her password.

Art. 8 (1) The Client has the right to access in online mode the services provided through the website of GALADI EOOD, subject to the conditions and requirements for access determined by GALADI EOOD. In order to use the services, the Client must enter his/herClient name and password.

(2) The Client has the right to access and correct his/her personal data provided during registration online.

ORDER

Art. 9 (1) Clients use the interface of the GALADI EOOD website to enter into contracts for the purchase and sale of goods offered by GALADI EOOD in the electronic store.

(2) The contract for the purchase and sale of goods is considered concluded from the moment of confirmation of the order by GALADI EOOD.

(3) In case of non-availability of a given product, GALADI EOOD reserves the right to refuse the order.

Art. 10 (1) In order to place an order, the Client must register or identify himself/herself in accordance with the terms and conditions described in these general terms and conditions, as well as enter the system through identification with a Client name and password.

(2) After selecting one or more goods offered on the GALADI EOOD website, the Client must add them to his/her list of goods for purchase.

(3) It is necessary for the Client to provide data for carrying out the delivery and to choose a method and time of payment of the price, after which to confirm the order through the interface of the electronic store.

(4) Upon placing an order, the Client receives confirmation by email that his/her order has been accepted.

PRICES

Art. 11 (1) The prices of the products offered in the online store are those indicated on the GALADI EOOD website at the time of placing an order, except in cases of obvious error.

(2) Product prices include VAT.

Art. 12 GALADI EOOD reserves the right to change the prices of the products offered in the online store at any time and without notice, whereas such changes will not affect orders already made.

Art. 13 (1) GALADI EOOD can provide discounts for the products offered in the online store, according to Bulgarian legislation and rules determined by GALADI EOOD. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or user survey).

(2) Different types of discounts cannot be combined when ordering and purchasing the same product.

PAYMENT

Art. 14 When the Client returns a product with the right to a refund of the amount paid for any reason, the price subject to the refund is reduced by the value of the discount received applied to the product, and only the amount actually paid is subject to a refund.

Art. 15 (1) The Client can pay the price of the ordered goods by using one of the options listed on the website. Payment by cash on delivery and bank card is possible on the www.cherryyou.comwebsite.

(2) If the Client chooses the option of delivery by courier and payment by cash on delivery, he/she must pay the price of the ordered items together with the cost of delivery to the courier upon receipt of the goods.

Art. 16 If the Client chooses a payment method involving a third-party payment service provider, the Client may be bound by the terms and conditions and/or fees of such third party.

Art. 17 GALADI EOOD is not responsible if a payment method involving a third-party payment service provider is unavailable or otherwise malfunctions for reasons beyond GALADI EOOD’s control.

DELIVERY

Art. 18 (1) The delivery of the ordered goods is carried out by courier to the office or delivery address indicated by the Client in the territory of the Republic of Bulgaria and all other countries. Delivery is at the Client’s expense, unless otherwise expressly stated on www.cherryyou.com.

(2) Before sending the ordered goods, GALADI EOOD has the right to contact the Client on the telephone specified by him/her, in order to clarify the details of the order and/or delivery.

(3) GALADI EOOD is not responsible for non-fulfilment of an order in cases where the Client has specified false, incomplete and/or inaccurate personal data, including when he/she has specified an incomplete, inaccurate or fictitious address or telephone number.

(4) In cases where advance payment has been arranged, the order is sent 3-5 days after receiving the payment. If the Client wants his/her order to arrive before a certain date, he/sheshall send an inquiry to see if this is possible.

(4) For delivery to the country, the conditions stipulated by the courier, as well as the relevant applicable Bulgarian legislation, apply. The courier is responsible for the timely and accurate delivery of the goods.

(5) Orders placed before 5:00 p.m. are sent via the ECONT courier company within the same or the next working day, but no later than three working days.

(7) The price of the delivery is determined by the courier companies ECONT and DHL and is according to the weight of the ordered goods and the other conditions applicable to the services and prices of ECONT and DHL.

(8) The delivery prices, which are calculated on the website http://www.econt.com/tariff-calculator/when the Client places the order, are indicative. There may be a difference in the final price of the courier service, which is determined by ECONT and not by GALADI EOOD.

Art. 20 (1) Goods ordered are delivered against signature, with larger items (at the courier’s discretion) being delivered to the entrance of the building.

(2) The Client is obliged to inspect the goods at the time of their delivery and to notify immediately GALADI EOOD in case of established discrepancies, shortages and damages. If the Client fails to do so, the delivery shall be deemed to have been accepted without observations.

Art. 21 (1) In case of impossibility or difficulty of delivery personally to the addressee, the parcels shall be delivered as follows:

  1. a) for a business address – to a person with a workplace at the address, noting the name of the person who received the shipment;
  2. b) for a home address – to a member of the household, noting the name of the person who received the shipment.

(2) In the event of impossibility of delivery of the shipment, which occurred through no fault of GALADI EOOD or the courier, the person making the delivery calls the contact phone indicated by the Client in order to be instructed from which office of the courier the Client can receive the delivery.

(3) If it is impossible to establish contact with the Client, the distance sales contract is automatically cancelled.

Art. 22 (1) When making international deliveries, the rules for delivery and receipt of shipments of the relevant national post office, as well as the relevant national legislation of the country in which the recipient of the goods is located, shall apply.

(2) All import charges for the importation of the goods are for the account of the Client. The Client cannot request a refund if they have refused to pay the import charges or receive the shipment.

Art. 23 GALADI EOOD reserves the right to change the available delivery and payment methods and/or the terms thereof at any time by publishing the available delivery and payment methods on the website without further notice.

WITHDRAWAL AND REPLACEMENT

Art. 24 (1) The Client has the right to withdraw from the contract without stating a reason, without owing compensation or a penalty within 14 days from the date of acceptance of the goods by the Client or by a third party.

(2) In order to exercise his/her right under this clause, the Client must unequivocally notify GALADI EOOD of his/her decision to withdraw from the contract, by individualizing the goods he/she wishes to return, by providing all the details of the completed order and delivery, including, but not limited to: content and value of the order, details of the person who placed the order, details of the person who accepted the delivery and date of delivery.

(3) GALADI EOOD publishes on its website a form for exercising the right to withdraw from the contract.

(4) In order to exercise his/her right of withdrawal, GALADI EOOD provides the Client with the option to fill out and send electronically via the website the standard withdrawal form or another unambiguous application. In these cases, GALADI EOOD immediately sends the Client a confirmation of receipt of his/herwithdrawal on a durable medium.

(5) The Client is obliged to return the goods at his/her own expense, necessarily together with the receipt and the invoice, if any, by handing them over to GALADI EOOD or to a person authorized by the latter, within 14 days from the date on which the Client exercised his/her right to withdraw from the contract.

(6) When returning the goods, they must be in their original packaging, without signs of use or damage to the commercial appearance.

(7) GALADI EOOD has the right to postpone the refund of payments until the goods are received back or until proof is provided that the goods have been sent back, depending on which of the two events has occurred earlier.

(8) In the event that the Client does not fulfilhis/her obligation under paragraph 5, without notifying GALADI EOOD of the delay and without providing a valid reason for the same, it shall be considered that he/she has withdrawn his/her statement to exercise the withdrawal from the contract.

Art. 25 (1) The Client has no right to withdraw from the contract if the subject of the contract is products made according to individual specifications or clearly customized;

Art. 26 GALADI EOOD reimburses the Client the price he/she paid for the returned goods.

WARRANTIES AND COMPLAINTS

Art. 27 (1) The Client has the right to claim for any non-conformity of the goods with what was agreed/ordered, when, after delivery, non-conformities with the sales contract are discovered.

Art. 28 (1) The Client has the right to make a complaint about the goods, regardless of whether the manufacturer or the trader has provided a commercial guarantee for the goods or service.

Art. 29 (1) When presenting a complaint about a product, the Client can claim a refund of the amount paid, replacement of the product with another one corresponding to the agreed or to a deduction from the price.

(2) The complaint shall be submitted verbally to the telephone number specified by GALADI EOOD or in writing via the specified e-mail, by post or delivered to the address of the company. GALADI EOOD provides on its website access to a complaint form.

(3). When submitting a complaint, the Clientshall indicate the subject of the complaint, his/her preferred way of satisfying the complaint, the claimed amount, and the address, phone number and email address for contact.

(4) When submitting a complaint, the Clientshall also attach the documents on which the claim is based, namely:

  1. receipt or invoice;

INTELLECTUAL PROPERTY

Art. 30 (1) The intellectual property rights on all materials and resources located on the GALADI EOOD website (including the available databases) are subject to protection under the Copyright Act and related rights, and belong to GALADI EOOD or the person, designated accordingly, who assigned the right of use to GALADI EOOD, and may not be used in violation of current legislation.

(2) In case of copying or reproduction of information outside of the permitted one, as well as in case of any other violation of intellectual property rights on the resources of GALADI EOOD, GALADI EOOD has the right to claim compensation for the direct and indirect damages suffered in full.

(3 Except in the cases where it is expressly agreed, the Client may not reproduce, change, delete, publish, distribute and publicize in any other way the information resources published on the website of GALADI EOOD.

Art. 31 (1) GALADI EOOD undertakes to take due care to provide the Client with an opportunity for normal access to the services provided.

(2) GALADI EOOD has the right to deactivate or delete the Client name and password for access to the Client’s User Profile, in case the latter infringes the intellectual property right of GALADI EOOD on the elements – objects of intellectual property – contained on its website.

(3) GALADI EOOD reserves the right to suspend access to the provided services after sending a notice into the Client’s User Profile. GALADI EOOD has the right, but not the obligation, at its discretion to delete information resources and materials published on its site.

TERMINATION AND CANCELLATION OF CONTRACT

Art. 32(1) Apart from the cases provided for in these General Terms and Conditions, the contract between the parties shall alsobe terminated when GALADI EOOD ceases its activities or ceases to maintain its website.

(2). Upon termination of the contract, GALADI EOOD deactivates the Client’s User Profile and deletes the password for accessing it.

Art. 33 Apart from the cases mentioned above, each of the parties may cancel this contract by giving a one-week notice to the other party in case of failure to fulfil the obligations under the contract.

Art. 34 The written form of the contract is considered complied with by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the Client or marking a field (check box) on the website, and similar, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.

BODIES REGULATING THE ACTIVITY

Art. 35 The bodies regulating the activity of GALADI EOOD are the Commission for Consumers Protection /CCP/ and the Personal Data Protection Commission (PDPC), with the following contact details:

CCP:

PDPC:

DISPUTES

Art. 36 Clients can use the European Online Dispute Resolution (ODR) platform available at  http://ec.europa.eu/odr/– a single access portal that allows consumers and traders in the EU to settle disputes among themselves.

SEPARABILITY

Art. 37 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 entire contract or any of its other clauses. The invalid clause will be superseded by the mandatory rules of law or established practice.

AMENDMENT OF TERMS AND CONDITIONS

Art. 38 (1) GALADI EOOD undertakes to notify the Clients of any change in the present General Terms and Conditions within 7 days of the occurrence of this circumstance to the e‑mail address specified by the Client.

(2) When he/she does not agree with the amendments to the General Terms and Conditions, the Client has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. In order to exercise this right, the Client shall notify GALADI EOOD within one month of receiving the message under the previous paragraph.

(3) In the event that the Client does not exercise his/her right to withdraw from the contract in accordance with the procedure stipulated in these General Terms and Conditions, it shall be considered that the amendment has been accepted by the Client without objection.

APPLICABLE LAW

Art. 44 The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not settled by these General Terms and Conditions.