I. INFORMATION REQUIRED BY ART. 4, PARA. 1 OF ETA
The services provided by the website are rendered by " MOJO GIFT Ltd., UIC 205687098, with registered office and headquarters in Sofia, 11 Arsenalski Blvd., represented by Ilian Valchev, Manager.
e-mail address: firstname.lastname@example.org
MOJO GIFT OOD is registered under the VAT Act.
II. GENERAL PROVISIONS AND SUBJECT MATTER OF THE CONTRACT
1. These terms and conditions govern the relations between the service provider and any recipient of services in connection with the distance provision of the electronic services described hereinafter, by electronic means.
2. Parties to the agreement are Mojo Gift OOD on one side, and on the other - each recipient of the services, who uses the website by opening (loading) it in a web browser or a mobile application.
3. The services rendered for a fee by the provider for the benefit of the recipient via the website include the promotion and advertising of goods or services offered by legal entities or individuals other than the provider. The services provided for a fee by the provider to the recipients also include an opportunity to order or purchase certain goods of services by purchasing a Mojo Card under the relevant terms and conditions specified in the website promotion.
4. Mojo Gift OOD provides to its recipients a service involving an online shopping platform using the group shopping method through its website under the terms and conditions of a distance sales contract within the meaning of Art. 45-61 of the Consumer Protection Act, exercising the powers provided under this Agreement.
5. The distance sale contract is concluded between a merchant promoting and advertising goods or services through the websites on one side, and on the other – the service recipient. The distance sales contract by which the recipient of the service purchases goods / services using the website, is different from these General Terms and Conditions. Upon making an electronic statement for the conclusion of a distance sale contract, the service recipient accepts both these General Terms and Conditions and the contents of the distance sale contract, which provides for an advance payment and is available at a prominent place in the interface for the sale of the relevant good or service.
6. By using the website every service recipient acknowledges that they have the right, authority and capacity to conclude and be bound by these conditions.
7. The recipient of the service declares that he / she is familiar with these General Terms and Conditions of Use and any active action on his / her behalf or every inaction after the website is loaded in the browser or an activated mobile application, represents an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act, that he/ she accepts voluntarily and consciously these General Terms and Conditions of Use. An active action means clicking/ pushing/ selecting an electronic link or an advertising banner that takes the recipient of the service to other websites or subpages of the website. Inaction means that the service recipient does not leave the website after it has been loaded in the browser, or the mobile application is not closed.
8. By accepting these General Terms and Conditions, the recipient of the service expressly agrees that his or her personal data will be processed in compliance with the Personal Data Protection Act, both in relation to these General Terms and Conditions and the use of the Website and on the occasion of the activity of the service provider, and states that he/ she is at least 18-years-old.
9. By providing information (contact information associated with an order of the service recipient) on the website, the service recipient agrees that the service provider may contact the recipient in connection with the information sent, but Mojo Gift OOD is not responsible for the provision of any particular commodity or service.
10. Mojo Gift OOD ensures the validity, accuracy and reliability of all materials relating to the goods and / or services offered on the site, except in cases where we have been misled by the information provided by a merchant for a particular commodity and / or service.
11. All materials on the website are intended for information purposes only and do not constitute advice for the purchase of the relevant goods or service. The recipient of the service accepts and agrees that the use of the materials contained on the website, is his/ her own responsibility.
12. Mojo Gift OOD only maintains the website and may not be held responsible in the following cases:
A) For damages caused by unfair conduct by third parties promoting through the website or third parties, who are subcontractors of the website;
B) For any defects and / or other the warranty liability in respect of the goods / services purchased by the customer via the website, and if any conditions or prices in the offers published on the website by promoting merchants prove to be incorrect, false or misleading;
C) For violations of copyright and related rights by publishing materials subject to these rights, provided by recipients of the service or third parties promoting and / or using the services of the website;
D) For damages caused by other sites accessible through links / banners or other links placed on the website;
E) For any damages caused to the recipients of the service in the provision of the service, except for damages deliberately caused by employees of the service provider;
F) If the recipient of the service forgets their personal account opened on a computer or otherwise authorizes and / or allows their personal account to be used by third parties, who have abused their registration;
G) For damages caused by the purchase of goods / services offered on the website and / or the actions / omissions of the traders selling them, in connection with the provision of obligatory information to consumers in accordance with the requirements of the Consumer Protection Act;
H) For any damages occurring as a result of the absence or interruption of the accessibility of the website, due to reasons beyond the control of the service provider's team;
I) Mojo Gift OOD is not responsible for the quality of the particular service. Any disputes arising therefrom shall be settled between the Merchant and the customer;
J) Mojo Gift OOD shall not be liable for damages and costs caused by the use of the good or service provided by a particular merchant, including any personal injury, death or other physical or mental disability.
13. Each service recipient is required, when using the access granted to the electronic platform:
A) to comply with the Bulgarian legislation, the applicable foreign laws, these General Terms and Conditions, the internet ethics, the rules of integrity and good morals;
B) not to damage the reputation of others and not to call for a forcible change of the constitutional order, commission of a crime, violence against any person, or calling for racial, national, ethnic or religious hatred;
C) not to spread fascist or other antidemocratic ideology;
D) not to violate the tangible or intangible rights of third parties, including intellectual or industrial property rights;
E) To immediately inform Mojo Gift OOD for any violation of the law, these General Terms and Conditions and good morals, committed or discovered;
F) Not to interfere with the proper operation of the system or try to manipulate it, including but not limited to: not to hinder the procedure of identification of another recipient of the service, to refrain from any access outside the granted one, not to prejudice or impede the availability, reliability or quality of the access granted, and not to use it in a manner leading to its cancellation;
G) Not to extract by technical means or by technical methods any information resources or parts thereof, belonging to the databases located on the website or to electronic devices, networks or media connected to its operation, and thus not to create their own database in an electronic or any other form;
H) Not to represent himself as another person or otherwise to mislead third parties about their identity or belonging to a particular group of people;
I) does not perform malicious acts within the meaning of these General Terms and Conditions;
J) To take due care and any measures reasonably necessary to protect their user name and password and other personal or financial information;
K) Not to load, not to divulge in any way to third parties and not to provide the service provider content - information, data, text, sound, files, software, music, video, photographs, graphics, audio materials, messages, and any other materials or electronic references to materials, that are contrary to the Bulgarian law, the applicable foreign laws, these General Terms and Conditions, Internet ethics, morality and integrity, or that are subject to intellectual / industrial property rights of third parties except with the consent of the rightholder.
14. Each service recipient registered on the website (promoting merchants and potential buyers of promoted goods / services) authorizes the service provider through the information platform – website operated by the latter, to negotiate and / or conclude contracts, as well as to register contracts concluded between the promoting merchants and individual buyers of the promoted product / service, including on behalf of the authorizers, to accept and forward free of charge, any payments under the remote sales contracts concluded between a specific merchant and buyer for goods/ services with advance payment.
15. Unless expressly agreed otherwise, the recipient of the service may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources posted on the website.
16. By accepting and confirming these General Terms and Conditions without changing the settings, the person who is registering on the website, declares that he/she accepts all cookies of Mojo Gift OOD and will save them on their hard drive. However, any registrant may change the cookies settings, or block them at any time by using the settings of the relevant Internet browser. Website cookies save your actions and preferences for a certain period of time so you do not have to enter them each time you visit the site or switch from one page to another. Session cookies are used on our pages to save, for example, your choice of language and your display preferences (such as contrast or font sizes). These cookies are deleted from your computer when you close your browser. We also use a limited number of permanent cookies. They are stored on your computer until you delete them or until they expire, usually after a short period of no more than 1 year. Permanent cookies contain the following information - the status (bundled or expanded) of some menus and tabs on the home page and the selected tab in the sections of the home page. Allowing cookies is not absolutely necessary for the essential features of the website to work, but it will make it easier for you to use it. You can delete or block these cookies at any time. On our website we do not allow the use of third-party cookies and we do not use third-party services sending cookies to users. No information associated with the cookies is used to identify you, and the data collected about your behaviour while using our website, is stored in a fully secure manner. Cookies are not used for purposes other than those listed herein.
17. The recipient of the service declares that by confirming the clauses of these General Terms and Conditions and their sections (appendices), he/ she is bound to perform them both in his relations with the service provider and in his relations with the other recipients of the service, resulting from the use of the website.
18. Any matters which have not been settled in the contractual relations, arising between the recipients of the service upon the conclusion of a contract between them by using the website, as well as any conflict between the clauses of a contract between the recipients of the service through the use of the website, and the provisions of these General Terms and conditions and their appendices, shall be governed by the General Terms and Conditions and their Annexes, unless expressly stated otherwise.
19. In case of a violation of any of the rules contained in these General Terms and Conditions, the service provider reserves the right to delete and remove the user's profile of the respective service recipient, and at its discretion to prohibit any further use of the website by such service recipient.
20. Where the service recipient is a user within the meaning of the CPA, the service recipient has all rights and obligations provided by law unless a certain user's right is limited within the frameworks allowed by law, by these General Terms and Conditions, or the distance sale agreement for a certain specific commodity or service concluded between the merchant promoting the service on the website and the user.
21. Merchants who promote their goods and services through the website are required to provide to the service provider and the other service recipients the information required by the current legislation about the goods and services, including information on the consumer rights and obligations pursuant to art. 47-61 CPA and ETA.
22. Although the service provider has taken all necessary care in preparing the content of the website, Mojo Gift OOD ca not guarantee uninterrupted and totally reliable access to the website, and therefore cannot guarantee that the information will always be completely up-to-date and error-free. To the extent permitted by law, the service provider gives no warranties, express or implied, as to the accuracy of the information contained in any of the materials on the website and assumes no responsibility for any loss or damage arising from problems with the access to the website.
24. The pictures, which are used on the website to promote a product or service, are not always real. The recipient of the service should bear in mind that in reality the environment, objects, etc. may differ from those visually presented, and the service provider cannot be held responsible for such discrepancies.
25. The correspondence of a service recipient or his/ her participation in promotions, transactions or other business relationships other than the products or services promoted on the website, with merchants found on or via the website, including the supply of goods or services and any other terms, conditions, warranties or responsibilities associated with such relationships, are exclusively between the service recipient and the relevant merchants. The recipient of the service agrees that Mojo Gift OOD shall not be liable for any loss or damage of any kind, arising as a result of such transactions or as a result of the presence of such merchants on the website, for whose actions Mojo Gift OOD is not responsible.
26. Mojo Gift OOD reserves the right to stop the operation of the website at any time without justifying such interruptions, due to including, but not limited to, updates or upgrades, and shall not be responsible for such interruption.
27. Mojo Gift OOD reserves the right to change these Terms and Conditions at any time by posting new Terms and Conditions on the website.
28. By accepting these conditions, you agree to receive newsletters for our active offers.
30. Every recipient of the service may register on the website if he/ she wants to. The use of the service provided by Mojo Gift OOD through the website is possible even without registering on the website as a user.
31. All goods or services offered on the website are subject to availability and seasonal nature. Mojo Gift OOD reserves the right to change the proposed experiences, partners and places where the service is performed during the validity of the purchased Mojo Card, by offering the best alternative for the user of the Mojo Card at the same or higher value.
You can find them here.
IV. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
32. Copyrights and any other intellectual property rights with regards to the materials contained on the website, along with the design of the web site, the images (except for the copyrights and all other rights on the images and marks of MasterCard, MasterCard Electronic, Maestro, Visa, Visa Electron, PAY PAL, ePAY.bg as well as the copyright and all other rights to images, names and contents of the provided goods and / or services, are reserved by the supplying traders), belong to or are duly provided for exercise by Mojo Gift OOD.
33. Each service recipient using the Internet platform, declares that he/ she is the owner, or that he/ she has received the necessary consent of the owner of any and all materials published on the website.
34. Pursuant to these General Terms and Conditions each service recipient provides to Mojo Gift OOD nonexclusive, perpetual, irrevocable and royalty-free right to use all materials published on the website in accordance with these conditions.
V. PERSONAL DATA PROTECTION AND CONFIDENTIALITY STATEMENT
35. Mojo Gift OOD shall take due care and is responsible for the protection of any information related to the service recipient, which has become available to it as a result of the registration and use of the website - subject to these General Terms and Conditions, except in case of force majeure, accidental event or malicious actions of third parties.
36. In the registration form completed by the service recipient when registering on the website or making an order, Mojo Gift OOD designates the mandatory or voluntary nature of the provision of data and the consequences of the refusal to provide it. By accepting these General Terms and Conditions, the service recipient agrees that the information about him / her will be processed in the manner provided for therein. The profile created during the initial registration has default settings allowing for free access to the personal data specified by the service recipient.
37. The restrictions under paragraph 36 shall not apply if the service recipient or persons under their control have committed malicious acts within the meaning of these General Terms or have infringed the rights or legitimate interests of third parties. In this case Mojo Gift OOD is entitled to provide the personal information of the service recipient to the respective competent state authorities in accordance with the legislation in force.
38. Mojo Gift OOD collects and uses the information about the service recipients only for the purposes provided in these General Terms and Conditions. The described purposes for which the information is used, are not exhaustive and they do not incur obligations for Mojo Gift OOD.
40. With the acceptance of the General Terms and Conditions the service recipient agrees his/ her personal data, announced as generally available on their profile in the website, to be used and disclosed by Mojo Gift OOD for direct marketing purposes, unless he/ she expressly prohibits the access thereto.
41. Upon visiting the site through a mobile device or using the applications of Mojo Gift OOD for mobile devices, the service recipient agrees and authorizes Mojo Gift OOD to collect data about his/ her current location, which data can be used solely and exclusively to inform the service recipient of the nearby sites making offers on www.mojo-gift. com.
42. Mojo Gift OOD undertakes not to disclose any personal information about the service recipient and not to provide the collected information to third parties - state authorities, trade companies, individuals and others, except in the following cases:
◦ it has received the explicit consent of the service recipient at the time of registration or at a later date;
◦ the information is required by government bodies or officials who, under the current law, are authorized to request and collect such information in accordance with the statutory procedures;
◦ other cases specified by law.
43. By registering on the website, the service recipient allows to be sent personal, advertising or other commercial messages by Mojo Gift OOD or the retailers promoting their products on the website, to their user profile on the website and the email address announced by him/ her, as well as Mojo Gift OOD to provide the retailers with the phone number and the e-mail address of the service recipient if the latter has purchased tourist services or other services requiring prior reservation, which has not been made.
44. The site is accessed through HTTPS (Hypertext Transfer Protocol Secure) protocol for secure communication in a computer network and in particular on the Internet, ensuring the security and integrity of the information exchanged on the network.
45. By accepting the Terms and Conditions, each service recipient should be aware that they are not applicable to the consumer contracts referred to in Art. 46 of the CPA.
46. By accepting the General terms and conditions, each service recipient should be aware that he/ she has no right to withdraw from a consumer contract concluded remotely, in respect of the contracts referred to in Art. 57 of the CPA.
VII. FINAL PROVISIONS
47. Mojo Gift OOD reserves the right to amend or supplement these General Terms and Conditions and their appendices unilaterally without notifying the service recipients thereof.
48. By confirming these General Terms and Conditions, the service recipient, who is a consumer within the meaning of the CPA, declares that he/ she is aware of his / her rights under the CPA.
49. By confirming these General Terms and Conditions, the service recipient expressly agrees to pay in advance, in whole or in part, the price under the sales contract concluded through this platform, based on a specific offer contained therein.
50. The parties declare that, in the event of invalidation of any of the clauses of these General Terms and Conditions, this will not invalidate the contract, any other clauses or parts thereof. The invalid clause will be replaced by the mandatory legal provisions or the established practice.
51. Any matters which are not covered by these General Terms and Conditions shall be governed by the provisions of the applicable legislation of the Republic of Bulgaria.
52. These General Terms and Conditions can be reviewed and updated at any time by Mojo Gift OOD If a service recipient continues to use the site, he explicitly agrees and accepts the changes made.
53. Within the meaning and for the purposes of this Agreement, the following terms will have the below meaning:
◦ "Service provider" is the company Mojo Gift OOD - Sofia with UIC 205687098;
◦ “Service recipient” is an individual or a legal entity using the services rendered by the service provider through the website;
◦ "User" is a service recipient who has the capacity of a user within the meaning of §13, item 1 of the Supplementary Provisions of CPA;
◦ Abbreviations of statutory documents: ETA (Electronic Trade Act), CPA (Consumer Protection Act); VAT Act (Value Added Tax Act);
◦ "The website", "the internet platform" is a web site with address (domain) www.mojo-gift.com and www.mojo-gift.bg, which are property of the service provider Mojo Gift OOD;
◦ "Malicious actions" are acts or omissions that violate Internet ethics or harm persons connected to the Internet or to associated networks, spamming (sending unsolicited trade notifications), gaining access to resources with third-party rights and passwords, using flaws of the systems for gaining personal benefits or acquiring information (HACK), performing actions that may be qualified as industrial espionage or sabotage, damage or destruction of systems or information arrays (CRACK), sending Trojan horses or causing installation of viruses or remote control systems, disrupting the normal work of other users of the Internet and the associated networks, performing any actions, which can be classified as a crime or an administrative violation under the Bulgarian law or any other applicable law;
◦ "Mojo Card" is a virtual electronic document with a unique number, issued by Mojo Gift OOD to a service recipient, confirming that under the conditions of Art. 45 of the Consumer Protection Act and / or ECA and CA, they have concluded a specific distance sales agreement with a particular retailer that promotes products / services on the site www.mojo-gift.com via the information platform of Mojo Gift OOD and the specific electronic form, for a particular good / service at a price announced by the trader, and that, under the terms of the contract, they have made an advance payment for part and / or the entire price of the goods and / or service purchased remotely.
The general terms and conditions were adopted on 01/11/19.