GENERAL TERMS AND CONDITIONS OF ADVENTURE FACILITY CONCEPTS AND MANAGEMENT Ltd. FOR WEBSITE USERS
I of . DEFINITIONS
For the purposes of these General Terms and Conditions, the following terms and expressions have the following meanings:
- “Provider” – Adventure Facility Concepts and Management Ltd., entered in the Commercial Register at the Registry Agency with UIC 204504373, with registered office and address of management: Sofia 1784, 111B Tsarigradsko Shosse Blvd., e-mail: firstname.lastname@example.org ;
- “E-shop” – WaltopiaClimingCenter.com, administered by the Provider, available on the Internet address www.walltopiaclimbingcenter.eu , through which Users have the opportunity to enter into contracts for the sale of services offered by the Provider;
- Website ” – the Website administered by the Provider and available at www.walltopiaclimbingcenter.eu ;
- “Climbing Center” or “Center” – the climbing center operated by the Provider, located in the Collider Activity Center business building at the address Sofia, 111B Tsarigradsko Shosse Blvd .;
- “User” or “You” – any person who accesses or uses the Website, including the Online Store, and includes a Registered User;
- “Registered User” – a User who has registered a User Profile on the Website;
- “User profile” – created with the completion of the registration and a unique profile of the respective Registered User in the database of the E-shop, accessible by entering a username (email) and password;
- “Order” – any individual request for the purchase of Services made by a User to the Provider through the Online Store or on site at the Climbing Center;
- “Services” – the services offered at the Climbing Center, the detailed description of which is available at www.walltopiaclimbingcenter.eu ;
- “Parameters of the Services” – data on what the Services include, term of use, possibilities for termination or freezing of the use and any other information about the Services offered by the Provider;
- “Subscription” – use of the Service for a certain period of time;
- “Course” – a training course with an instructor for acquiring or improving climbing skills;
- “Voucher” or “Gift Voucher” – a unique document issued on paper or electronic media, which entitles the person specified in it to use the services paid in advance by the User, and the validity of the Vouchers issued by the Provider is 6 months from the date of issuance, and the value of the same is not reimbursed in case of loss, theft or destruction, unless otherwise expressly provided in a normative act;
- “Card” – an electronic card issued to a User who has purchased Services or to a person receiving a named Service Voucher purchased by a User at the first visit of the User or the Voucher holder to the Climbing Center. The card is registered and non-transferable and it provides controlled access of its holder to the Climbing Center.
II . SUBJECT
- These General Terms and Conditions are intended to regulate the relations between the Provider and the Users when using the Website and the E-shop and the Services provided through them. The general conditions are available at www.walltopiaclimbingcenter.eu .
III . USER REGISTRATION
- Every User who wishes to place an order for the purchase of the Services offered through the E-shop, with the exception of an order of the Voucher, for which registration is not required, must create his User Profile by filling in the electronic registration form available at www.walltopiaclimbingcenter .eu.
- (1) The electronic form for registration of a User Profile contains the following obligatory data: user name, telephone number, e-mail address and unique access password.
(2) The Provider may at any time change the volume of the required mandatory registration data, and any change will be reflected by amending these General Terms and Conditions.
- Upon registration of a User Profile, the User declares and guarantees that the provided data are correct, complete and up-to-date. In case of subsequent changes in the data required for registration, the User undertakes to update them in a timely manner, stating the changes in person when visiting the hall.
- (1) After successful completion of the registration, the User may place Orders for all provided by the Provider through the Online Store.
(2) User and Order Registration may also be performed on site at the Climbing Center.
I V . ORDER FOR PROVISION OF SERVICES THROUGH THE E-SHOP. PRICES AND PAYMENT
7 . In order to start a Subscription or Course Order through the E-shop, the User should enter the E-shop with his User Profile, enter his username (email) and password, after which he can place an Order by selecting the specific Service he wishes to purchase, including the initial term of the Subscription, in the cases when a subscription plan is ordered, and not a one-time Service, and pay the respective price.
8 . (1) In order to place an Order for purchase of a Voucher, the User does not need to have a User Profile, but only needs to select the specific Services included in the Voucher, as well as to fill in their names, phone number and email, as well as the names of the person for whom the Voucher is intended, when that person is different from the User, and to pay the respective price.
9. (1) The prices of the Services offered by the Provider are announced in BGN on the Website, as well as in a prominent place in the Climbing Center.
(2) The User pays the price of the selected Service in advance, including in the cases when a Subscription is purchased and not a one-time Service.
(3) The User may pay the price of the ordered Services in one of the following two ways:
through the electronic payment system ePay.bg or
directly with a credit or debit card through the ePay.bg system.
10. (1) After the User places an Order through the E-shop and pays the price of the selected Service, the Provider confirms the acceptance of the Order by sending an e-mail to the User’s email. From the moment of receiving this email, a contractual relationship arises between the User and the Provider in connection with the sale of the respective Service.
(2) When ordering a Gift Voucher, the User may, but is not obliged to, indicate the email address of the person for whom the Voucher is intended and request that person to receive an electronic message from the Provider to which the respective Voucher in electronic pdf format. In case he decides not to take advantage of this option, the User will receive a confirmation of the Order, as well as the Voucher itself in electronic pdf format, by e-mail.
V. RIGHTS AND OBLIGATIONS OF THE USER
11. The user has the right to use the Subscription or Course purchased by him only in person, declaring that he is familiar with and will comply with the Rules for use of climbing equipment and the Safety Instructions of the Climbing Center.
12. The User is obliged to use the Website and the Services offered by the E-shop in good faith, as intended, for personal and non-commercial purposes.
13. The User is obliged not to perform actions that could lead to a breach of security of the E-shop and the Website or obstruction of access to the latter by third parties.
14. (1) A registered user shall not have the right to provide access to his User profile to third parties, to transfer or assign it to third parties, as well as to use it jointly with third parties. Each Registered User is personally responsible for maintaining the confidentiality of the data for access to his User Profile and the details of his registration on the Website.
(2) The Provider accepts that any person who uses the Website through the User Profile of a certain Registered User is the holder of the User Profile.
VI. CARD FOR ACCESS TO THE CENTER
15. The card for access to the Center entitles the person in whose name it is issued to use the paid Service. The card is registered and cannot be transferred. In case the Cardholder allows its use by another person, the Provider may suspend the provision of Services to the cardholder and block the card.
16. In case of a lost, destroyed or stolen Card, its holder must immediately notify the Provider and request re-issuance, for each re-issuance, which is necessary, a fee of BGN 3 is paid.
VII. RIGHT TO WITHDRAW FROM A DISTANCE CONTRACT
17. (1) A user of the E-shop, who possesses the quality “consumer” and in the sense of § 13, item 1 of the Consumer Protection Act (“CPA”), has the right, without paying compensation or penalty and without indicates any reason to cancel the contract concluded through the E-shop for the sale of the Service within 14 days from the date of receipt of the email from the Provider to confirm the Order.
(2) The User has no right to refuse when the Service is fully provided and its implementation has begun with the explicit prior consent of the User and confirmation by him that he knows that he will lose his right of withdrawal after the contract is fully performed by the Provider. , as well as in other cases falling within the scope of Art. 57 of the CPA.
18. (1) In order to exercise his right to withdraw from the contract of sale concluded with the Provider, the User is obliged within the above 14-day period to unambiguously notify the Provider of his withdrawal from the contract of sale by sending an email to the Provider. email@example.com. The user must provide details of his bank account in order to refund the price paid by him in accordance with item 20 of these General Terms.
(2) The Provider sends an immediate confirmation to the User for received notification of withdrawal from the contract of sale.
19. (1) The Provider is obliged to refund to the User the amounts paid without undue delay and not later than 14 days from the date of notification of the decision of the User to withdraw from the contract.
(2) The User explicitly declares his consent for the refund of the amounts received by the Provider to be made by bank transfer, regardless of the means of payment used by the User to pay for the orders made. All bank fees related to the refund of the amounts received from the Provider are at the expense of the Provider.
(3) When the User has made a Purchase through the E-shop, having declared in accordance with Art. 49, para. 9 of the CPA that requires the Provider to start providing the Service before the expiration of the period for exercising the right of withdrawal, the Provider deducts from the amount reimbursed to the User, the proportional value of what was actually provided to the User until the exercise of the right of withdrawal.
VIII. RIGHTS AND OBLIGATIONS OF THE SUPPLIER. ACCESS TO THE WEBSITE, E-SHOP AND SERVICES
20. (1) The services provided to the Users through the Website and the E-shop and the access to them shall be determined unilaterally by the Provider. The Provider has the right at any time to suspend or terminate the access to the Website or the Online Store, as well as the provision of certain Services, including the right to change the functionalities of the Website and the Online Store and the content of the provided Services. The Provider is not responsible in case the Website, the Online Store and / or the Services are temporarily unavailable.
21. (1) The User expressly agrees that he receives access to the Website and the E-shop and the Services provided through them in the form in which they exist as of the date of execution of an Order by the User.
(2) Each User uses the Website and the Online Store at his own risk and the Provider is not responsible for any damage to the computer system of the User, including loss of information or content resulting from the use of the Website or the Online Store, except in cases of intentional actions or gross negligence of the Provider.
22. The Provider shall not be liable for any damages caused to the User in connection with the content, appearance or quality of other websites accessible through Internet links or links published on the Website or sent to the User by email. The liability for such damages lies entirely with the owners of the respective websites.
IX. OTHER PROVISIONS
23. These General Terms and Conditions may be changed unilaterally by the Provider, and the Provider will notify Users of any change in the General Terms and Conditions within 7 days of the occurrence of this circumstance on the phones or emails specified by them, and the amended version of the General Terms and Conditions will be published on the Website.
24. The provisions of the current Bulgarian legislation shall apply to all issues not settled by these General Terms and Conditions.
25. The possible invalidity of any of the provisions of these General Terms and Conditions does not in any way affect the validity of the other provisions of the General Terms and Conditions.
26 . All disputes between the Users and the Provider in connection with these General Terms and Conditions will be resolved by the competent courts in the Republic of Bulgaria.
27 . These General Terms and Conditions enter into force for all Users on 15.05.2020.