Terms of Use

I. General Provisions

The rules, terms and conditions described below (referred to as the “General terms and conditions”) provide for the use of this website and regulate the relations between the service provider “Vayk Wines” JSC and the persons that take advantage of the bonus programme for loyal customers — My Vinello that is accessible at the website addresses: www.vaykwines.com and www.vinello.bg (together referred to as the “Site”), for accumulating bonus points for shopping in the Vinello stores.

In view of the above mentioned, please read carefully the present General terms and conditions before getting registered in the programme My Vinello.

The general terms and conditions could be updated or modified from time to time — that is why before registering or changing data in your available profile (account), read carefully their current edition.

1. The Parties to These General Terms and Conditions:

• “Vayk Wines” JSC, commercial entity that was duly registered in conformity with the requirements of the Bulgarian legislation, with head office and registered address: city of Sofia 1528, housing complex “Druzhba”, 7, “Iskarsko shoes” Boul., Uniform Identification; UIC: 175086039; telephone number: 02 405 33 07, e-mail: info@vaykwines.com, referred to as the “Company”, “We” or “Vayk Wines” JSC
• Every physical person of full legal age (that has turned 18) of full legal capacity that has agreed with the present General terms and conditions and uses the Site for registration and participation in the programme for loyal clients My Vinello, referred to as “User” or “You”.

In relation with subject matter of the Vinello stores (included trade with strong drinks and tobacco products) via the registration in the Site the User declares that he/she is of full legal age (he/she has turned 18) of full legal capacity.

2. Acceptance / Non-acceptance of the General Terms and Conditions

• If you put a “tick” in front of “I reviewed the General terms and conditions and accept them” after you finalize your registration in My Vinello, it would be perceived as confirmation stating you have read and understood the present General terms and conditions on the use of the present Site and the programme for loyal clients and that you agree to be bound with them. From the time you put a tick you would be able to receive unique electronic QR code (UEC) with which only at the time of purchase scanning at the point of sale from the Vinello stores you could accumulate bonus points in your personal profile (account). You could use the accumulated points for purchasing other commodities from the Vinello stores, after you legitimize yourselves at the point of sale while having your UEC scanned.
• Please bear in mind that your consent with the present General terms and conditions cannot be withdrawn retrospectively while your profile (account) and your UEC are active in the programme My Vinello.
• If you do not agree with the General terms and conditions, please do not use the Site for registration in the programme My Vinello.

3. User Identification

In relation to the reproduction of User’s statement of consent with the present General terms and conditions as well as in relation to the registration performed by the User in the programme for loyal clients My Vinello, the particular User should be identified. The defined identification should be performed via: storage in log-files of the server at www.vaykwines.com IP-address of the User, his/her personal data, provided at the time of his/her registration in My Vinello, as well as any other information provided by the User.

4. Confidentiality Policy

“Vayk Wines” JSC is personal data controller that was registered in conformity with the Personal Data Protection Act under № 34940 as of 15.03.2017. The personal information collected about the user would be utilized only for the needs of the Programme My Vinello and for marketing purposes and third parties would not be provided with it, except for the cases where it was required by government body or competent institution and the rules provided for in the legislation were conformed. With the acceptance of these general terms and conditions the User provides his/her unconditional and termless consent until its possible cancellation in writing for the personal data provided by him/her to be utilized by “Vayk Wines” JSC or by persons authorized by the company for the purposes and performance of the undertakings under the programme for loyal clients My Vinello, as well as for others not prohibited under the effective legislation.

“Vayk Wines” JSC does not disseminate unsolicited commercial messages under the Electronic Commerce Act. Commercial messages would be sent to the Users that have provided their explicit consent to receive these while clicking the button “Register me” at the time of his/her registration in My Vinello. Every user could deactivate the provided consent after clicking the button for deactivation of receiving commercial messages.

5. Copyrights:

• The Company and/or its partners and suppliers are owners of the entire Site contents, including of the trademarks “Vayk Wines” JSC, “Vinello”, “My Vinello”, the logos, corporate symbols and images and the trademarks visible in the Site. Without Company’s explicit consent provided in writing and in advance or of its partner/supplier, no part of this Site could be reproduced in whatever pattern — it could not be copied, disseminated or utilized as photographs, text, graphs, services in whatever media or computer environment; the objective of the reproduction, dissemination or use is of no importance. The materials that were published and are visible in the Site are protected under the Copyright and Related Rights Act, the Marks and geographic Designations Act and other relevant regulations and every unauthorized use of their would be treated as copyright violation, violation of the rights to trademarks or of the other relevant regulatory provisions.
• The Company reserves its right to publish advertising banners of any kind, as well as electronic references (links) of any part of the Site in conformity with the effective legislation of the Republic of Bulgaria.
• The User could decide that a message sent by “Vayk Wines” JSC to him/her, one way or another violates the copyright or other right protected by regulation. In that case the User would have the right to get in touch with the Company via some channels for correspondence available at the Site to provide the Company with the opportunity to make informed decision on the particular alert.

6. Liability Limitation

In relation to the use of the services rendered by the Site and the Programme for loyal clients My Vinello, the User should bear in mind the following:

“Vayk Wines” JSC is not liable if because of whatever reason (technical or other) the User could not access the Site at any time.

User’s access to the Site could be terminated at any time, and this termination would not result in whatever obligations for the Company.

“Vayk Wines” JSC is not liable and does not provide guarantees on the contents of other sites that could be accessed via electronic references (links), published at the Site. All electronic references (links) of that Site are provided solely for User’s convenience. The Company neither advertises nor recommends nor approves of the contents of other sites.

“Vayk Wines” JSC is not liable and does not provide guarantees in view of computer viruses and other malicious software that have impacted User’s computer/ electronic device. Accessing the Site and using (including downloading) whatever information from the Site is performed by and on the account of the User; the latter bears the full responsibility for ensuring all measures in order to protect the device from which the Site is accessed online.

“Vayk Wines” JSC is not liable for the privacy and security of the personal data provided via the Site in the case of unauthorized access (purposeful-planned or accidental-hacker attacks) by third parties.

7. Modification of the General terms and conditions

“Vayk Wines” JSC reserves its right to modify the present General terms and conditions at any time and without notification. The modifications become effective on the date of publishing them at the Site and they have progressive effect.

II. Services

Via the Programme for loyal clients My Vinellо, we provide the User with the opportunity to collect and accumulate bonus points — Vinello Drops when purchasing commodities from the Vinello stores.

The User could use the accumulated bonus points — Vinello Drops in conformity with their money equivalent when purchasing other commodities from the Vinello stores. The collection and disbursement of bonus points is performed only while scanning UEC at the point of sale when purchasing the commodities.

1. Terms and Conditions for Receiving UEC Under the Programme My Vinello:

In order to receive his/her UEC, the User should be registered in the Site after creating his or her own profile (account).

In relation to the registration:

The registration procedure is voluntary and free;

• You should fill in all fields of the registration page;
• The User should enter up-to-date, authentic, complete and precise data. Otherwise he/she would bear responsibility for being denied the provision of electronic client card;
• The User would have the right at any time after the registration to modify the entered data;
• The User would have the right at any time after the registration to modify the entered data;
• The User would bear the full responsibility for the protection of his/her username and password for his/her password to the Site profile (account) as well as for all actions performed via use of username and password;
• The User bears full responsibility for protecting its UEC, respectively, for the protection of electronic devices that store the resulting user UEC;
• The Company sends the User electronic message thus confirming his/her registration in the programme Мy Vinello and User’s UEC.

2. Collection and Disbursement of Bonus Points — Vinello Drops

• The collection of “Vinello Drops” in User’s personal account is performed at the time of purchase only when scanning the UEC;
• Next to the sale price at each commodity’s label provided for sale in the Vinello stores we have provided the number of Vinello Drops accumulated by the User in his/her personal profile (account) at the time of purchasing it;
• For the purposes of loyalty program My Vinello Ten (10) “Vinello Drops” are equivalent to one (1) BGN.
• The value of the accumulated “Vinello Drops” could be used fully or partially for payment when purchasing commodities from the Vinello stores;
• In case to termination of the registration of the User on the Site remaining unspent bonus points "Wine drops" are not subject to repayment in the cash equivalent.

3. Information About the Current Balance of Bonus Points and Effected Purchases

• After entering his/her personal profile with the password, the User could receive up-to-date information about the balance of the accumulated, disbursed Vinello Drops and the ones available in his/her account.
• After entering his/her personal profile with the password, the User could follow-up the complete history of his/her purchases in view of date, stores and purchased commodities and the received or disbursed Vinello Drops for each commodity.

III. Additional Provisions

1. Right to Modification of the Published Information

“Vayk Wines” JSC reserves its right to modify the information published at the Site at any time and without notification. The modifications become effective immediately and become mandatory for the Parties to the General terms and conditions from the time of their publication at the Site.

2. “Cookies”

The Site www.vaykwines.com and the Site www.vinello.bg have the right to install on User’s computer “cookies” that are downloaded from the website onto User’s hard disk and they allow information recreation about the User. The Company uses only one type of “cookies” that refer to the collection of statistical data about Site visits and are not connected to Visitor’s personal data.

3. Contact Information

In order to maintain correspondence with the Company please use the following address and telephone:

• Address: city of Sofia 1528, housing complex “Druzhba”, 7, “Iskarsko shoes” Boul.
• Telephone: +359 02 405 33 07
• Email: info@vaykwines.com

The Company maintains at the Site publication of its data for the purposes of identification and contact with the Users.

With the acceptance of the General terms and conditions the User gives his/her explicit consent for the:

Company to use the following technical devices for contacting the User: email with address: info@vaykwines.com and/or telephone number: +359 02 405 33 07

Receiving communications from the Company via telephone and/or online, including via email — communication (e-mail) or publication of notice at the Site.

4. Enforceable Law

In view of all issues not settled in the present General terms and conditions, the enforceable provisions are the ones of the effective civil legislation of the Republic of Bulgaria.

All disputes concerning the interpretation or performance of the present General terms and conditions and the related participation in the Programme for loyal clients My Vinello would be resolved:

• via agreement between the Parties;
• if it proves impossible to arrive to mutual consent and if jurisdiction is not imperatively defined, the disputes would be referred for resolution before the court of competent jurisdiction in the city of Sofia.

If any provision of the present General terms and conditions because of whatever reason is declared null and void, the nullity would not impact the effectiveness of the other provisions as far as the null provisions were replaced by the imperative regulatory rules or as far as the Parties to the present General terms and conditions could be validly bound in contractual relations and without the null parts of the General terms and conditions.