Welcome to the online shop of MIDALIDARE VINEYARDS LTD!
The present online shop has not been created with the purpose of encouraging alcohol consumption. The sale of alcohol beverages and tobacco products to persons under the age of 18 is forbidden. By placing an order at the present online shop you declare that you are of legal age. If the product you have ordered is intended for another recipient, they should also be of legal age.
- GENERAL PROVISIONS
- The website https://shop.midalidare.bg/, hereinafter referred to as E-SHOP is supported by MIDALIDARE VINEYARDS LTD registered with the Commercial Register and the register of non-profit legal entities at the Registry Agency under UIC 200922158, registered under the Value Added Tax Act with VAT ID No. BG200922158, having its seat in the village of Mogilovo, municipality Chirpan, Stara Zagora district, postal code 6239.
- The present Terms and Conditions set out the relations between MIDALIDARE VINEYARDS LTD, hereinafter referred to as the PROVIDER, and the users of the E-SHOP, hereinafter referred to as CUSTOMER/CLIENT.
- The present Terms and Conditions are obligatory for all CUSTOMERS of the E-SHOP.
- By using the services E-SHOP, you confirm that you have read and accepted the Terms and Conditions. By accepting the Terms and Conditions, it is considered that a sale and purchase contract has been concluded between PROVIDER and the CUSTOMER with regard to the offered goods, produced by Midalidare Vineyards LTD and MIDALIDARE VINEYARDS LTD. E-SHOP offers the CUSTOMER the option to purchase the goods by placing an order and paying the respective sale price. While completing the purchase, the CUSTOMER is obliged to acknowledge and follow the present Terms and Conditions, and consider themselves bound by their provisions.
- The PROVIDER reserves the right to alter the prices, the information and the content of the Terms and Conditions, and to update them if necessary, without advance notice. In case the Terms and Conditions are amended, the CUSTOMER may declare that they do not agree with the amendments by sending an explicit statement to shop.midalidare.bg. After receipt of this explicit statement of disagreement, the sale and purchase contract is considered to be terminated. Amendments to the Terms and Conditions do not affect relations between the CUSTOMER and PROVIDER that had arisen in relation to an order submitted legitimately before the amendments were introduced.
- Customer – any person who manually, via software, technical device, or by all these methods together, has typed the URL in their browser or has reached to the E-SHOP by being transferred from another website, and who uses the E-SHOP in any way whatsoever, including but not limited to reviewing, making orders through it, making purchases or carrying out any kind of other actions whatsoever.
- Client – a person at the age of 18 or 18 +, who has entered into purchase and sale agreement with the PROVIDER remotely through the E-SHOP.
- Agreement – the agreement remotely entered into between the PROVIDER and the CLIENT for purchase and sale of goods through the E-SHOP, forming an integral part of these Terms and Conditions for Use.
- Browser - a software application that is used for retrieval of documents by hypermedia and web-navigation (website), display and interaction with text, images, video, music, games and other information.
- Interface – combination of graphic objects associated with a programmed code through which the CUSTOMER communicates with the E-SHOP in a way accessible thereto.
- Willful acts – acts or omissions breaching the Internet ethics or causing damages to persons connected to Internet or associated networks, sending unwanted mail (non-demanded commercial messages, SPAM), obtaining access to resources subject to someone else’s rights and passwords, using systems’ disadvantages for personal benefit or obtaining information (HACK), carrying out actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending ‘Trojan horses‘ or causing installation of viruses, or remote control systems, disturbing the normal work of the other users of Internet and associated networks, carrying out any kind of actions whatsoever that could be qualified as a violation or administrative violation under the Bulgarian or other applicable law.
- User’s profile – specific part of the E-SHOP containing information about the CUSTOMER as required by https://shop.midalidare.bg/, stored at the site, and used and processed only for the purposes of Article 4, §1, subparagraph 3 of the Personal Data Protection Act, whereas the CUSTOMER has access to their user’s profile by entering a user name and password. The user’s profile also administers the communication between the CUSTOMER and the PROVIDER.
- Password – a code of letters, figures and symbols that individualizes the CUSTOMER and is used for access to their user’s profile, together with the username.
- The username is a unique code of letters, figures and symbols chosen by the CUSTOMER, with which they are individualized in their relations with the PROVIDER.
- Sale price - the announced price of a product (goods) or service in Bulgarian leva (BGN), including value added tax (VAT).
- Goods and Services - wine and spirits (alcohol beverages) as defined by the Law on Wine and Spirits; vouchers for training sessions, events, tastings and shopping; accessories and packaging.
- USE OF THE E-SHOP
- Through the E-SHOP the CUSTOMERS have the opportunity to enter into agreements for purchase and sale and delivery of the goods offered by the PROVIDER, as well as to carry out the following activities:
- To register and create a user’s profile;
- To make electronic statements with regard to the entering into and performance of agreements with the PROVIDER via the interface of the website of the E-SHOP accessible in the Internet;
- To review the goods, their properties, prices and delivery conditions.
- To enter into agreements for purchase and sale of goods offered by the PROVIDER in the E-SHOP;
- TO make any payments in relation to agreements entered into with the PROVIDER in accordance with the methods of payment supported by the E-SHOP.
- The CUSTOMER may use the E-SHOP for entering into agreements for purchase and sale of goods freely or through created user’s profile. In case of purchase through their user’s profile, the CUSTOMER should enter the username and password for remote access they have already chosen.
- The remote access name and password are defined by the CUSTOMER by means of electronic registration on the PROVIDER’s website.
- Upon making a registration, the CUSTOMER shall be obliged to provide correct and updated data. In case of change, the CUSTOMER shall be obliged to update their data specified in their user’s profile in timely manner.
- In case that the CUSTOMER has used social media or another network profile for the registration, the person who is the holder of the profile used for the registration in the respective social media or another network is the party to the agreement. In this case, the PROVIDER has the right to access to data required for the identification of the CUSTOMER in the respective social media or another network.
- The username used by the CUSTOMER to register does not give them any rights other than the right to use the respective username within the E-SHOP. The PROVIDER does not verify and is not liable for the authenticity of the username, for whether it affects third parties’ rights, in particular, the right to name or other personal rights, right to trade name (firm name), right to trademark or other intellectual property rights.
- You should not unlawfully use this website, by willful introduction of viruses, Trojan horses, worms, logical bombs or any kind of other software or malware. The CUSTOMERS do not have the right to make any attempt for unauthorized access to this website, to server where the website is located, or each server, computer, or database related to our website. The CUSTOMERS shall be obliged not to attack this website through any kind of attack whatsoever for service refusal or attack for allocated service refusal. The PROVIDER will report any failure to observe these Terms and Conditions for Use to the respective authorities and will assist them for the purposes of identifying the attacker. Furthermore, in case of failure to observe this clause, the authorization for use of this website will be terminated immediately. The PROVIDER shall not be liable for damages or harms resulting from attack for service refusal, virus, or another type of software or malware that could affect the CUSTOMER’s computer, their IT equipment, data or materials as a result of the use of this website or the download of content therefrom, or from the ones this website redirects you to.
- The CUSTOMER shall agree that the properties and the prices of goods offered through the E-SHOP may be subject to modification by the PROVIDER at any time. Due to technical reasons, they may contain possible errors for which the PROVIDER shall apologize in advance to its Customers.
- The PROVIDER shall seek to provide the CUSTOMERS with the most appropriate and important information about the goods, however it is possible that some products will have incomplete information.
- All goods will be sold until being out of stock, even if this is not explicitly mentioned in the E-SHOP.
- The PROVIDER shall make efforts to maintain the accuracy of the information published in the E-SHOP. Nevertheless, considering the possible technical errors or omissions in such information, the PROVIDER shall clarify that the images of goods are of illustrative, indicative nature, and therefore the delivered goods may differ from such images.
- ORDER AND ENTERING INTO AGREEMENT
- The PROVIDER ensures the following options for order of goods in the E-SHOP:
- in the E-SHOP;
- by phone;
- by e-mail;
- In the course of development of the provided services, the PROVIDER may introduce new, subsequent methods for placing orders with the use of remote means for agreement and cooperation, or to restrict some of the existing ones.
- The order in the E-SHOP shall be placed by adding the desired goods in the purchase cart. The CUSTOMER needs to follow the steps instructed in the E-STORE in order to complete and send the respective order.
- The goods added to the cart may be purchased, if available. The addition of goods to the purchase cart, without completing the order, does not result in registration of the order and automatic saving of goods for the respective CUSTOMER.
- By sending the order, the CUSTOMER authorizes the PROVIDER to contact them by any possible means, whenever needed with regard to the order made or the agreement entered into.
- The PROVIDER has the right to refuse to fulfil the order placed by the CUSTOMER and should inform the latter thereof. The refusal of order in accordance with the preceding sentence shall not result in any liability or subsequent obligation for any of the parties to the other one with regard thereto, and therefore, none of the parties will have the right to claim compensation from the other one. The grounds for PROVIDER’s refusal may be the following non-exhaustively listed circumstances:
- non-acceptance on the part of the issuing bank of the CUSTOMER’s transaction in online payment;
- carrying out the money transaction, in which the funds are not received to an account of the PROVIDER in online payments;
- the data provided by the CUSTOMER are incomplete and/or incorrect.
- The prices of goods announced in the E-SHOP are in Bulgarian leva (BGN). Prices are final and are VAT and all other taxes and charges inclusive as set out in the applicable Bulgarian legislation.
- The payment of the price to the PROVIDER shall be a precondition for transferring the title of the goods. The price shall not include delivery costs, unless otherwise specified in the conditions for sale of the respective goods.
- The PROVIDER offers the following methods of payment:
– Payment on delivery (in cash on delivery);
– Bank transfer;
– Online by credit/ debit card;
- The stated payment methods may be restricted by the PROVIDER at any time.
- The CUSTOMER selects the method of payment by clicking on the respective button in E-SHOP after placing the order.
- Cash on delivery payment shall be settled in Bulgarian leva (BGN) directly to the courier/ post office operator upon receipt of the goods. The refusal to receive the goods shall be a condition for termination of the purchase and sale agreement. Furthermore, within the specified time period for receipt, the CUSTOMER may cancel the order, without any consequences, which is not in prejudice to their right to withdraw from the agreement.
- Payment by bank transfer shall be made within up to 1 (one) working day of placing the order to the following bank account of the PROVIDER:
IBAN: BG93RZBB 9155 1068 523723
Bank: Raiffeisenbank (Bulgaria) SA
Account holder: Midalidare Vineyards Ltd
- The basis for payment must contain the name of the customer placed the order and the number of the respective order.
- Payments with cash transactions by electronic means and payment cards shall be made in accordance with the choice of the CUSTOMER through the intermediation of authorized services. Payment shall be made to a personal credit/debit card or card of your company – under safe conditions. Credit and debit cards issued by VISA (Classic и Electron) and MASTERCARD (including Maestro, if they have CVV2/CVC2 code).
- By accepting the present Terms and Conditions, the CUSTOMER, who is a customer in the sense Customer Protection Act (CPA), expresses consent in the sense of Art. 53, para. 1 of the CPA for providing advance payment for the goods.
- The delivery of products from the E-STORE to the CUSTOMER is free of charge for order exceeding 150
- The delivery of products from the E-STORE to the CUSTOMER is settled at 10 BGN for order not exceeding 150
- The delivery of the products referred to in article 6.1. and 6.2. conditions are possible only on the territory of the Republic of Bulgaria.
- The delivery of products outside the territory of Bulgaria is negotiated individually.
- The delivery of products within the territory of Bulgaria is carried out by the courier company Speedy.
- The CUSTOMER should inspect the goods at the time of delivery and handover by the PROVIDER or a person authorized by the same (courier) and if it does not meet the requirements, the CUSTOMER should immediately inform the PROVIDER thereof.
- Delivery time depends on the availability of the selected goods and on the schedule of the courier company. Delivery takes 2 to 7 business days.
- RIGHT TO WITHDRAW FROM THE ORDER PLACED
- The CUSTOMER/ CLIENT shall have the right, without owing any compensation or penalty, and without stating any reasons, to withdraw from the concluded agreement within 14 days as from the date of receipt of the goods.
- The right of withdrawal under Paragraph 1 shall not apply in the following cases:
- for the provision of services, in which the service is completely provided, and its fulfillment has begun with the explicit prior consent of the CUSTOMER and confirmation on their part that they know that they will lose their right of withdrawal after the agreement has been fully performed by the PROVIDER;
- for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the PROVIDER and which may occur during the period for exercising the right of withdrawal;
- for the supply of customized goods or according to the individual requirements of the CUSTOMER;
- for the supply of goods, the quality of which, because of their nature, can be impaired or which have a short shelf life;
- for the supply of sealed goods that have been unsealed after their delivery and cannot be returned for reasons related to hygiene or protection of health;
- for delivery of goods that after being delivered and because of their nature have mixed with other goods, from which they cannot be separated;
- for the supply of alcoholic drinks, the price of which is agreed upon conclusion of the sale agreement, in which delivery may be carried out not earlier than 30 days from the conclusion of the agreement, and whose actual value depends on fluctuations in the market which cannot be controlled by the PROVIDER;
- concluded during public tender, as well as in other cases provided for by law.
- When the CUSTOMER has exercised their right of withdrawal from the agreement, the PROVIDER shall refund any amount paid by the CUSTOMER, including the costs of delivery, without undue delay and no later than 14 days from the date on which it was notified of the decision of the CUSTOMER to withdraw from the agreement. All costs of returning the goods shall be borne by the CUSTOMER, unless otherwise stated in Return and Replacement section of the website of the E-SHOP.
- The CUSTOMER shall give their explicit consent that amounts paid will be refunded to them by bank transfer.
- PRODUCT DESCRIPTION
MIDALIDARE VINEYARDS LTD provides to the CUSTOMER an accurate description of the main characteristics of the goods offered.
Each product offered at https://shop.midalidare.bg/ is characterized by:
1) a unique number (item number) that corresponds to only one product;
2) name (written on the product label);
3) price in Bulgarian leva/BGN (unit price and carton price when the product is part of one purchase of 6 or more products).
- DELIVERY INSURANCE
E-SHOP insures on its own account the consignments sent up to the amount of the declared value of the content.
It is the responsibility of the CUSTOMER (the consignee) to open the delivered shipment at the moment of its receipt in the presence of the courier and to check for damage to the shipment or for any missing contents due to the shipment.
Claims for damaged goods shall be made at the moment of receipt of the consignment and in the presence of a courier, with which the statement of findings shall be completed in three uniform copies. The ascertaining protocol is obligatory for the validity of the insurance covered damages and missing items. The CUSTOMER (consignee) is required to request the original and a copy of the record and then contact a representative of the PROVIDER for filing a complaint. The PROVIDER commits to replacing the damaged/ missing item for free or refunding the amount paid by the CUSTOMER only after the client has provided the protocol.
- COPYRIGHT AND INTELECTUAL PROPERTY
The content, illustrations and design elements of this E-SHOP and all intellectual property rights in the information resources and materials published therein are the property of MIDALIDARE VINEYARDS LTD and as such are the subject of protection under the applicable copyright law and its related rights and their unregulated use constitutes an offense and entails civil, administrative and criminal liability in accordance with the Bulgarian legislation in force.
MIDALIDARE VINEYARDS LTD reserves the right to take all legal measures in the case of unauthorized use of parts, designs or texts on this website.
- FORCE MAJEURE EVENTS
- None of the parties will be held liable for any failure to fulfil its contractual obligations if such failure is due to a force majeure event. A force majeure event is an unforeseeable event that is beyond the control of the parties and could not have been avoided.
- If the respective event does not cease within 14 (fourteen) days of the date of the occurrence thereof, each of the parties has the right to inform the other party that it terminates the agreement without any compensation payable to the other party for any possible damages suffered.
- The agreement between the CUSTOMER and the PROVIDER shall be terminated in the following cases:
- upon dissolution and declaring liquidation or insolvency of any of the parties to the agreement;
- by mutual consent of the parties expressed in writing;
- unilaterally by written notice by any of the parties, in case of other party’s failure to fulfil their obligations;
- upon objective inability of any of the parties to the agreement to fulfil its obligations;
- in case of exercising a right of withdrawal pursuant to the provisions of the Consumers Protection Act.
- FINAL PROVISIONS
- If any of the provisions of these Terms and Conditions for Use of the E-SHOP are found to be void or unenforceable, irrespective of the reason thereof, this shall not result in the invalidity or unenforceability of the other provisions.
- Any issues that are not stipulated herein with regard to the performance and interpretation of these Terms and Conditions shall be governed by the laws of the Republic of Bulgaria.
- Supervisory authorities:
Consumer Protection Commission
Address: 1000 Sofia, 4A, Slaveykov Sq., Floors 3,4 and 6
tel.: 02 / 980 25 24, 0700 111 22
fax: 02 / 988 42 18
- Any disputes between the PROVIDER and its CUSTOMERS shall be settled by mutual consent, and in case of failure to do so – by the competent court or the Consumer Protection Commission.
- In case of any dispute with regard to an online purchase, the CUSTOMER can refer to the website of the European Commission on section Online Dispute Resolution.
These General Terms and Conditions were adopted on 1st of April 2018 and shall enter into force on the same date. The last amendment was made on 1st of November 2019.