Terms and conditions

GENERAL TERMS AND CONDITIONS
of the contract for the use of the services provided by “Top Service” EOOD through an online ordering website

BY USING THIS INTERNET SITE, YOU UNCONDITIONALLY ACCEPT THE FOLLOWING TERMS. PLEASE READ THEM CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT ACCEPT THESE TERMS AND PROVISIONS, YOU ARE FREE TO LEAVE THIS INTERNET SITE.

GENERAL TERMS AND CONDITIONS

The present General Terms and Conditions (hereinafter referred to as GTC) govern the relations between TOP SERVICE (operator of the Restaurant) and its customers regarding the use of the website raketarakiabar.bg, as well as regarding the distance contracts for purchase-sale and delivery of Products carried out through the website raketarakiabar.bg.

By using this website raketarakiabar.bg in any way, whether by entering data or other electronic interaction, or by registering a user profile on the website, you confirm that you accept these GTC and undertake to comply with them.

The GTC are applicable to all relations arising between TOP SERVICE and the customers who use the website, regardless of whether the latter have placed orders for the purchase of Products from the online store and regardless of whether the latter have a registered user profile or not.

Definitions

TOP SERVICE – “Top Service” EOOD is a company duly registered according to Bulgarian and European legislation, with its registered office and management address at: 17 Yanko Sakazov Blvd., Sofia 1504, Bulgaria, with UIC 201746357, which operates the Raketa Rakia Bar restaurant and provides food and other product delivery services, with contact phone: ….. and contact email address: …..
Restaurant – the “Raketa Rakia Bar” restaurant, located at the address: 17 Yanko Sakazov Blvd., Sofia 1504, Bulgaria.
Website – the website of TOP SERVICE at the address: raketarakiabar.bg, including the following webpages within the Website: raketarakiabar.bg/menu, raketarakiabar.bg/iconic/, raketarakiabar.bg/events/, raketarakiabar.bg/about/, raketarakiabar.bg/shop and raketarakiabar.bg/contacts/. The Website and the pages, as well as all their Content, are owned and administered by TOP SERVICE.
Content – All information provided on the Website and accessible through Internet connectivity; the content of all email and/or chatbot messages sent by TOP SERVICE to their customers; any other information sent, transmitted, or otherwise provided to the customer, including information sent by or received from TOP SERVICE, regardless of the method and means of communication; information relating to Products, services and/or prices, as well as promotions offered by TOP SERVICE; information relating to TOP SERVICE or any other information of TOP SERVICE.
Service – the possibility for the Customer to electronically access the Content, to view the Menu and to order Products from the catalog of TOP SERVICE, including, but not limited to, registration of a customer profile and, in particular, the Purchase through the online store located on the website raketarakiabar.bg.
Products – food products, dishes, beverages (including alcoholic) and other items available in the Restaurant’s Menu, accessible through the page raketarakiabar.bg/menu or in the Narmag section, accessible through the page raketarakiabar.bg/shop, offered for sale with delivery within the Online Store.
Purchase – the exchange of the Products of TOP SERVICE for an agreed monetary value (the price) paid by the Customer when using the Online Store.
Order – one or more Products included in one separate Purchase.
Online Store – the web-based distance sales scheme for Products, managed by TOP SERVICE through distance communication, located at the address: raketarakiabar.bg/menu and raketarakiabar.bg/shop.
Customer – any natural person who has access to the content, services, or the Website in any way, including by creating a profile; as well as any person who purchases Products from the catalog of TOP SERVICE through the Online Store.
Profile or User Profile – an element of the Website, consisting of a username and password, which allows the Customer to reach the restricted parts of the Website through which the Services are accessible and information is exchanged between TOP SERVICE and the Customer. The Profile is created for personal use only and not for resale on a commercial scale according to these GTC, unless otherwise agreed between the Customer and TOP SERVICE.
Distance Contract – any contract regarding Products concluded between TOP SERVICE and the Customer through the Online Store. For the avoidance of any doubt, each individual order for the purchase of Products from the Online Store shall be considered a separate distance contract.
Brochures / Notices / Commercial Communications – information messages, mainly electronic, regarding Products and services offered by the Online Store, as well as regarding any other products and services offered by TOP SERVICE, including promotions, without being binding on TOP SERVICE or the Customer due to the information provided therein.

General Provisions

2.1. These GTC define the rules by which the Customer may use the Website, the Content, and/or the Services, including the rules for purchasing Products from the Online Store of TOP SERVICE by concluding a Distance Contract between TOP SERVICE and the Customer.

2.2. The use, including but not limited to, accessing or visiting and viewing the Content and/or Services, may be carried out freely by the Customer, regardless of whether the Customer has created a Profile on the Website. The conclusion of a Distance Contract includes the prior acceptance of these GTC by the Customer, expressed through the use of the Website, submitting an order and/or entering data or through a Purchase through the Online Store. By accepting these GTC, the Customer also accepts the current Privacy Policy for the processing of personal data of TOP SERVICE, which from that moment is considered an additional agreement to the contract between TOP SERVICE and the Customer.

2.3. Access to the Services is possible exclusively through the publicly accessible website raketarakiabar.bg, and online purchases of Products are accessible through access to the pages on the Website raketarakiabar.bg/menu and raketarakiabar.bg/shop.

2.4. In case the Customer does not agree, does not accept, or withdraws their consent to these GTC:

2.4.1. It is considered that he/she refrains from access to the Services, as well as from receiving Brochures, Notices and/or Commercial Communications and any other communication from TOP SERVICE (electronic, telephone, etc.), including waiving their right to make purchases from the Online Store.
2.4.2. The Customer’s Profile on the Website shall be deactivated by TOP SERVICE. Thereafter, the Customer may register on the Website again, provided that they accept these GTC according to point 2.2.
2.4.3. Upon receipt of a statement from the Customer of disagreement with these GTC, TOP SERVICE will delete his/her Profile on the Website and will not bear any further liability to such Customer, including for damages, regardless of the reason for their occurrence.
2.4.4. The Customer may at any time withdraw their statement of disagreement with these GTC, which shall take effect from the date of such statement, and this right may be exercised no earlier than the moment of receipt of the said statement by TOP SERVICE.
2.4.5. To exercise their right under this Art. 2.4., the Customer may contact TOP SERVICE by sending an email message or using the Internet contact form available on the Website.

2.5. The withdrawal of the Customer from their consent to these GTC does not affect the agreements between the parties concluded previously.

2.6. The Website and the Content published therein are accessible to any natural person meeting the definition of a Customer, without the need to register a Profile. Only Customers aged 18 or older may make Purchases through the Online Store. By registering a Profile on the Website, Customers declare that they are at least 18 years old, and this is accepted by TOP SERVICE as true until proven otherwise.

2.7. Each Customer may have only one Profile on the Website for making Purchases. TOP SERVICE will not allow Customers to share their Profiles with other Customers or third parties. The Customer and TOP SERVICE agree that the liability for any damages from such sharing shall be borne by the Customer. In such cases, TOP SERVICE reserves the right to suspend or limit the Customer’s access to the Online Store without sending a warning.

2.8. TOP SERVICE and the Customers agree and acknowledge that they will respect the value of electronic signatures within the meaning of the Regulation (EU) on electronic identification and trust services (eIDAS), as if they were handwritten in their mutual relations, and this applies, in particular, to any information in electronic form added to or logically associated with any electronic statement, which will be considered valid as a handwritten signature in the relations between the parties.

Content

3.1. All content, including but not limited to, static images, dynamic images, text and/or multimedia content, design, software, databases, information, and any other content published on the Website, is the sole and exclusive intellectual property of TOP SERVICE.

3.2. The Customer has no right to copy, transfer rights, modify or reproduce, or publish and distribute in any way, any Content from the Website without the prior written consent of TOP SERVICE.

Contact

4.1. The Customer, when registering their Profile on the Website or when making a Purchase, provides TOP SERVICE with their full and accurate identity, as well as the means by which TOP SERVICE can contact him/her.

4.2. By providing the contact form on the Website, TOP SERVICE allows Customers to contact TOP SERVICE by sending messages, questions, and inquiries related to the Services, as well as a delivery address for the Products.

4.3. By entering data on the Website, the Customer explicitly authorizes TOP SERVICE to use, including but not limited to, mail, email, and telephone for communication with the Customer in connection with the Content, Services, Purchases, and Distance Contracts.

4.4. TOP SERVICE cannot be in any way obliged to conclude a Purchase if the Customer does not fill in all the data required of him through the corresponding contact form on the Website.

4.5. The Customer also agrees to receive notifications, messages, and information from TOP SERVICE in their Profile on the Website, if such a Profile has been created by the Customer.

Brochures, information and communications

5.1. By selecting the “Subscribe me” option for the Raketa Rakia Bar Newsletter on the Website, the Customer requests to receive Brochures, Notices and/or Commercial Communications sent by TOP SERVICE, which may be related to the Products offered by TOP SERVICE in the Online Store, unless the Customer has declined the option.

5.2. The Customer may at any time opt out of receiving Brochures, Notices and/or Commercial Communications by notifying TOP SERVICE by email.

5.3. The refusal to receive Brochures, Notices and/or Commercial Communications is not and should not be considered a statement by the Customer of disagreement with these GTC.

5.4. In Brochures, Notices and/or Commercial Communications addressed to the Customer, TOP SERVICE has the right to include other advertising information relating to third parties and their offering of Products and/or Services.

Products and specifications

6.1. TOP SERVICE may publish on the Website information about Products (food and beverages) from its Menu, or about Products from the Narmag section, including promotional campaigns for specific Products.

6.2. Products purchased through the Online Store are intended solely for the personal consumption of the Customer. Ordered Products will be used only in a lawful manner. Products from the Online Store may not be purchased for resale or commercial use (e.g., catering), unless explicit written consent is provided by TOP SERVICE. Such consent is based on prior notification to TOP SERVICE, specifying the particular purpose of such Purchase.

6.3. TOP SERVICE reserves the right to limit the quantities of certain Products in the Menu due to restrictions in the availability of raw materials or other production reasons. In the event that an ordered product turns out to be out of stock after the Purchase, TOP SERVICE is not liable for delivery and notifies the Customer.

6.4. Certain weights, measurements and similar descriptions (including the visual representation of food) are approximate and provided only for convenience. TOP SERVICE makes all reasonable efforts to accurately display the composition of the Products, including applicable allergens, ingredients, etc.; however, the actual appearance of the food seen on the Website may vary depending on the device used by the Customer, and in this aspect, TOP SERVICE cannot guarantee an absolutely accurate reproduction of the appearance.

6.5. TOP SERVICE reserves the right to make minor changes and improvements in recipes and ingredients, necessitated by their development and introduction into production/preparation, while maintaining their style, taste, and quality.

Price conditions

7.1. TOP SERVICE has the right to change the prices of the Products offered in the Online Store without prior notice to the Customer.

7.2. The valid prices of the Products in the Online Store, including those for Products ordered for purchase by the Customer, are those shown at the moment of completion of the Purchase process.

7.3. The price discounts offered in the Online Store are those shown at the time of purchase. Discounts are valid until stocks are exhausted and/or during the discount period (promotional period).

7.4. The price of the Products offered and purchased through the Online Store cannot be changed with respect to a specific Customer after the completion of a Purchase by that Customer.

7.5. All prices related to the Products offered in the Online Store are in Bulgarian Leva (BGL) and in Euro (EUR) and include Value Added Tax (VAT) at the rate of 20%.

7.6. All prices do not include delivery costs and/or additional costs related to the delivery method chosen by the Customer. TOP SERVICE will indicate on the Website the exact amount of the additional costs that the Customer will have to pay, and the total value of the Distance Contract, including the price of the ordered Products, including all taxes, delivery costs and/or additional costs related to the delivery method chosen by the Customer. For the avoidance of doubt, upon concluding a Distance Contract, the Customer gives his/her explicit consent to pay the total price of the completed Purchase, including the delivery costs.

Purchase

8.1. Every Customer aged 18 or older can access the Online Store to initiate Purchases. TOP SERVICE may limit access to the Online Store for making Purchases for Customers in view of their previous behavior without prior warning or notice.

8.2. The Customer may request a Purchase at any time of any product in the Online Store designated as available for sale.

8.3. The Customer may make a Purchase of Products that are not available for sale at the time of Purchase, if there is a specified period within which that particular product(s) will be available (i.e., pre-order of Products). In these cases, the following rules apply:

8.3.1. In case there is a delay of pre-ordered Products due to the nature and specificity of the production process or the procurement of raw materials, TOP SERVICE undertakes to update the information for the respective Products in the Online Store by calculating a new period in which the Products will be available, and notifies the Customers who have made Purchases of such Products, and TOP SERVICE takes all necessary actions for delivery of the ordered Products in the shortest possible time. In this case of delay, the Customer has the right to withdraw the pre-order and request a refund of the paid price.
8.3.2. In case the Customer has pre-ordered two or more Products for which different deadlines are set, TOP SERVICE shall fulfill the Purchase after all ordered Products become available. In case there is a delay in one or more of these deadlines, TOP SERVICE is obliged to immediately notify the Customer of the delay and of the new deadline when the Products will be available. In this case, the Customer has the right: 1.) to request the fulfillment of the Purchase of Products that are already available, and to cancel the Purchase of the others, as well as to request a refund of the price paid for those that are not yet available; 2.) to state that he/she wishes to receive all ordered Products in one delivery after the still unavailable Products become available.

8.4. By completing the Purchase, the Customer agrees that TOP SERVICE may contact him/her electronically — by sending an email message to the Customer or by a telephone call in connection with the following situations:

8.4.1. confirmation of the availability and quantity of the Products purchased by the Customer through the Online Store;
8.4.2. confirmation of the value of the completed Purchases, including the costs for their fulfillment, which are borne either by the Customer or by TOP SERVICE;
8.4.3. coordination of the method of delivery of the Products subject to the Purchases made by the Customer.

8.5. Until the beginning of the delivery of the ordered Products, TOP SERVICE may, with prior written notification, unilaterally choose not to fulfill the Customer’s order in the following cases:

8.5.1. the information provided by the Customer is incomplete and/or inaccurate;
8.5.2. the actions of the Customer interacting with the Website may cause harm to TOP SERVICE;
8.5.3. if two consecutive Purchases have not been successfully completed/fulfilled due to reasons attributable to the Customer.

Payments

9.1. In the Online Store, TOP SERVICE provides information on the means of payment for the price of the Products and other delivery costs. The Customer must choose one of the following payment methods:

9.1.1. advance payment with a credit or debit card — the payment is made upon completion of the purchase by the Customer on the Website, and TOP SERVICE notifies the Customer by sending an email to the Customer for the payment already received, and then TOP SERVICE proceeds to fulfill the Purchase;
9.1.2. payment in cash or with a credit or debit card upon order with cash on delivery at the time of delivery – which must be explicitly stated upon completion of the purchase by the Customer from the Website;

9.2. The Customer agrees and undertakes to pay the price of the Purchase in advance, using his/her chosen method of payment and according to the terms between the Customer and the provider of the respective payment service(s). In case TOP SERVICE has not received the payment in accordance with the Customer’s payment method, TOP SERVICE assumes that the Customer has withdrawn from the Purchases made and the Distance Contract is considered terminated.

9.3. In case the Customer changes his/her personal data without having notified TOP SERVICE of this, all concluded Distance Contracts are fulfilled according to the data provided to TOP SERVICE before such change.

9.4. Upon explicit request, TOP SERVICE undertakes to inform the Customer of the status of the Purchase and the stage of its fulfillment, including by publishing a corresponding notice in the Customer’s Profile in the Online Store.

Delivery Conditions

10.1. In the Online Store, TOP SERVICE provides information about existing restrictions on the delivery of Products, if any.

10.2. The Purchase is considered concluded and the Order – binding on TOP SERVICE, after TOP SERVICE sends the Customer a written confirmation of this.

10.3. The purchased Products will be sent to the address specified by the Customer in the contact form, activated upon ordering in the Online Store.

10.4. The Customer has the right to receive the purchased Products through a delivery service chosen by TOP SERVICE. The risk of accidental loss or damage to the Product passes to the Customer from the moment the Products are delivered. TOP SERVICE does not bear the risk of loss or damage after the moment of delivery of the Products.

10.5. Orders for Products for the respective day are accepted until 21.00 hours on each of the working days of the Restaurant.

10.6. Delivery is carried out within the delivery periods, according to the delivery price, as well as according to the minimum sizes determined by TOP SERVICE for a single separate Order, which must be clearly and unambiguously indicated by TOP SERVICE on the Website and be visible to the Customer at the moment of completion of the specific Purchase.

10.7. TOP SERVICE has the right, at its discretion, to provide the Customer with the opportunity, while making an order through the Website, to independently determine a delivery time for the Order, different from the publicly announced delivery periods, in which case the deadlines and/or time range indicated by the Customer are legally binding for TOP SERVICE.

10.8. In the case of an Order exceeding 10 (ten) pieces of Products, TOP SERVICE has the right, before starting the preparation of the Order, to notify the Customer by telephone call regarding an extended delivery period, different from the one announced on the Website, as the period so communicated shall be considered legally binding on TOP SERVICE.

10.9. Upon failure by TOP SERVICE to comply with the delivery period announced by TOP SERVICE on the Website or determined according to the previous Art. 10.8, the Customer has the right to refuse to accept the Order.

10.10. In the cases under the previous Art. 10.9, if the Customer has paid for the Order before having refused it, he/she has the right to receive back the paid amount, after sending, within 60 (sixty) minutes from the starting hour of the delay, a written notification by email to TOP SERVICE with the necessary information identifying the Order and its delay.

10.11. TOP SERVICE has the right at any time to determine the geographical scope of delivery of the Products by announcing this scope in a clear and unambiguous way on the Website, as well as to differentiate the delivery prices according to the delivery distance and the corresponding sub-zones within the geographical scope.

10.12. In case of high workload leading to temporary difficulty for TOP SERVICE to comply with the indicated delivery time in the area where the Customer’s delivery address is located, TOP SERVICE has the right to refuse the acceptance of the Order, notifying the Customer in a timely manner that their Order cannot be accepted.

10.13. For each ordered main food portion, the Customer is entitled to one free box.

10.14. Delivery of the Products is carried out to the entrance of the building (with a call to the Customer at the telephone number provided by them at the time of Purchase) indicated as the administrative address at the time of Purchase. Food orders with a delivery address in medical institutions, as well as in buildings with restricted access for outsiders, are handed over to the Customer at the place after which access is declared restricted or is practically restricted.

10.16. TOP SERVICE guarantees the taste characteristics and quality of the delivered Products – foods, within 2 (two) hours, starting from the moment of delivery. In view of this, TOP SERVICE recommends that Customers consume the delivered foods within the period indicated above. After this period, TOP SERVICE bears no responsibility for the taste characteristics and quality of the delivered Products – foods.

10.17. In the event that the Products subject to Purchase cannot be delivered due to a circumstance attributable to TOP SERVICE, TOP SERVICE immediately informs the Customer of this and refunds the Purchase price and the delivery costs paid by the Customer.

10.18. In the event that the delivery of the Purchase is not carried out due to a circumstance attributable to the Customer (for example, because the Customer was not present at the indicated address at the time of delivery or due to an incorrect address or telephone number) or other reasons attributable to the Customer, and as a result, the Purchase is returned to TOP SERVICE, TOP SERVICE has the right to retain the Customer’s payment as a contractual penalty within the meaning of these GTC.

10.19. TOP SERVICE has the right to refuse orders from Customers for whom the delivery has failed more than once due to circumstances through their fault.

10.20. After accepting the Products subject to Purchase, the Customer is obliged to check whether they correspond to what was ordered and whether they are without visible defects (e.g., damaged packaging, unsuitable temperature) at the moment of delivery. In the event that the Customer finds a discrepancy or damage upon delivery, they must notify the person performing the delivery and contact TOP SERVICE according to Art. 10.22.2 below.

10.21. In the event that the Customer, together with the person performing the delivery, finds that a Product ordered by the Customer is missing from the Order, the Customer has the right, at their discretion:

10.21.1. To refuse to accept the entire Order, in which case, if the Customer has paid for the Order before the moment of delivery, TOP SERVICE owes the Customer a refund of the entire amount of the order within 24 hours of the written notification under Art. 10.23.2 below.
10.21.2. To accept the fulfilled part of the Order, in which case, if the Customer has paid for the Order before the moment of delivery, TOP SERVICE owes the Customer a refund of the amount of the missing Products in the Order within 24 hours of the written notification under Art. 10.17.2 below.

10.22. The Customer’s rights for refund of payments under Art. 10.22.1 and 10.22.2 arise upon the cumulative presence of the following conditions:

10.22.1. The Customer has explicitly notified the person performing the delivery regarding the missing Products in the Order and an agreement has been reached between them on this matter.
10.22.2. The Customer sends, within 60 minutes of the time of delivery, a written notification by email to TOP SERVICE with the necessary information regarding the missing Product or Products in the Order.

10.24. The Customer is obliged to store the Products in an appropriate manner to preserve their quality in case they decide to exercise their right of complaint or withdrawal.

Quality and Warranty

11.1. The Customer may rely on the warranty provided in the Consumer Protection Act that the Products subject to the Purchase will correspond to the terms of the Distance Contract with regard to type, quantity, quality, and fitness for consumption.

11.2. Without prejudice to the warranty under the previous Article 11.1 and at the sole discretion of TOP SERVICE, some of the Products in the Online Store may be offered together with a contractual warranty, the relevant information for which will be provided in the corresponding product description in the Online Store. The existence of such a contractual warranty does not limit the legal warranty for the conformity of the Products purchased through the Distance Contract within the meaning of the Consumer Protection Act. The exact details of such a contractual warranty are provided in the documents accompanying the Products. The term of this contractual warranty, if any, cannot be changed by the Customer unless permitted by mandatory legislation or in these GTC.

11.3. TOP SERVICE does not assume a guarantee for the availability of Products in the Online Store and, in the event that a product purchased by a Customer is no longer available (see Article 6.3), a corresponding notice is immediately sent to the Customer. In this case, the Customer is entitled to be refunded the price paid for the Products, as well as the delivery costs to the extent they were actually incurred.

Return of Products

12.1. The Customer has the right to withdraw from the Distance Contract and return the Products purchased through the Online Store no later than fourteen (14) calendar days from the acceptance of the Products subject to Purchase, WITH THE EXCEPTION OF FOODSTUFFS AND DISHES WHICH BY THEIR NATURE ARE PERISHABLE AND SPOIL QUICKLY. The right of withdrawal is exercised without compensation or penalty for the Customer in the following cases:

12.1.1. The Products are delivered or invoiced erroneously (different item);
12.1.2. the product has manufacturing defects (e.g., poorly sealed bottle of alcoholic beverage, souvenirs, merchandise products or clothing with obvious defects);
12.1.3. without stating a reason, based on Art. 50 of the Consumer Protection Act.

12.2. Customers are obliged to unambiguously inform TOP SERVICE of their withdrawal/complaint by sending an email to TOP SERVICE containing a description of the Purchase and the designation of the returned Products within the meaning and terms specified herein.

12.3. The Customer has no right to withdraw from the Distance Contract and any withdrawal already exercised is void, and TOP SERVICE has no obligation to refund the paid price and delivery costs to the Customer in the following situations:

12.3.1. returned Products (if they are non-food items) are not in the condition in which they were delivered to the Customer (not in the original packaging with all labels attached and all accompanying documents).
12.3.2. when the Purchase relates to deliveries of food items which by their nature cannot be returned (e.g., quickly spoiling products, fresh dishes, products with a short shelf life), or have been unsealed/consumed after delivery and cannot be returned for reasons related to hygiene or health protection. The price paid for such Products will not be refunded upon their return by the Customer.
12.3.3. the Products have been consumed or have deteriorated in quality as a result of improper handling or storage by the Customer after delivery.

12.4. In the event that the Customer withdraws from the Distance Contract within the period specified in Art. 12.1., TOP SERVICE undertakes to refund to the Customer the paid price of the Products, including the delivery costs paid by the Customer, within fourteen (14) days from the date on which TOP SERVICE received the Products back.

12.5. Refunds are made using the same method of payment used by the Customer in the initial transaction, unless the Customer has explicitly agreed to another method, and provided that this is not associated with any additional costs for the Customer.

12.6. The Customer agrees that TOP SERVICE may withhold the refund until receipt of the Products or until the Customer presents proof that they have sent the Products back, whichever of the two events occurs earlier.

12.7. The Customer is obliged to send the Products back to TOP SERVICE, at the address: TOP SERVICE, “Raketa Rakia Bar” restaurant, located at: 17 Yanko Sakazov Blvd., Sofia 1504, Bulgaria, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Customer notified TOP SERVICE of their withdrawal. The term is considered met if the Customer sends the Products back before the expiration of the 14-day period.

12.8. The sending of the Products back is at the expense of TOP SERVICE when made on the basis of Art. 12.1.1. and 12.1.2 and at the expense of the Customer when made on the basis of 12.1.3.

12.9. The Customer is liable for any reduction in the value of the Products caused by handling them in a manner other than what is necessary to establish the nature, characteristics, and functioning of the Products.

12.10. The right of withdrawal is exercised by the Customer sending the following to TOP SERVICE:

A Statement of withdrawal, which may be in the form provided in Annex No. 6 to the Consumer Protection Act, or:
A clear and unambiguous written statement of withdrawal sent by email to TOP SERVICE.

Liability

13.1. TOP SERVICE is not liable for any damages or lost profits suffered by the Customer as a result of:

13.1.1. use of the Website, Content and/or Services, including Purchases, unless liability is explicitly provided for in these GTC or in the applicable legislation;
13.1.2. the functioning of the Website and any information published on it;
13.1.3. non-performance of a Distance Contract caused by third parties (e.g., banks, payment service providers, courier companies) or circumstances beyond the reasonable control of TOP SERVICE (force majeure).

13.2. TOP SERVICE does not guarantee that access to the Website, Services, or Content will be uninterrupted, timely, or error-free.

13.3. TOP SERVICE is not liable for lost profits, indirect or incidental damages.

13.4. Any limitations of TOP SERVICE’s liability provided for in these GTC do not apply in cases where the damages are caused intentionally or as a result of gross negligence on the part of TOP SERVICE or its employees.

13.5. The liability of TOP SERVICE to the Customer for damages (to the extent it exists) is limited to the value of the order in connection with which the liability arose.

Changes to the GTC

14.1. TOP SERVICE reserves the right to change the GTC at any time. All changes take effect from the date of their publication on the Website.

14.2. Changes made to the GTC that are applicable to a given Distance Contract do not have retroactive effect and do not affect the rights and obligations of the parties arising from already concluded Distance Contracts.

14.3. In case of a change, TOP SERVICE notifies the Customers who have a registered Profile by a notice sent to their email address and/or published in their Profile.

14.4. If the Customer does not agree with the changed GTC, he/she must notify TOP SERVICE in writing within 14 days of being notified of the changes. In this case, the provisions of Article 2.4 apply.

Applicable law and competent court

15.1. These GTC, as well as all Distance Contracts concluded through the Online Store, are governed by and interpreted in accordance with the legislation of the Republic of Bulgaria and the European Union.

15.2. All disputes arising in connection with these GTC or the Distance Contracts shall be referred for resolution to the competent Bulgarian court in the city of Sofia.

Additional Provisions

16.1. All clause headings in this document are used for reference only and should not be used for interpreting the text.

16.2. If any clause of these GTC is held to be invalid or unenforceable by a competent authority, this does not affect the validity and enforceability of the remaining clauses.

16.3. TOP SERVICE may transfer its rights and obligations under Distance Contracts to a third party, provided that the Customer’s rights are not affected. The Customer may not transfer their rights and obligations without the prior written consent of TOP SERVICE.

These GTC were approved by the Manager of TOP SERVICE on 16.12.2025.