GENERAL TERMS AND CONDITIONS
FOR USE OF THE SERVICES AVAILABLE WITHIN “PIZZA LAB” MOBILE APPLICATION, OWNED BY PHILLY VIBE AD
I. INFORMATION ABOUT PHILLY VIBE AD
Company name: PHILLY VIBE AD
Unified Identification Code: 203418843
VAT No.: BG203418843
Seat and registered address: 1784 Sofia, 1784, Mladost quarter, 115, Tsarigradsko Shosse Blvd., The Mall, Level 2
Contact Phone : +359 2 9743468
PHILLY VIBE AD owns a chain of restaurants operating under the name of the registered trademark "PizzaLab" and owns mobile application "PIZZA LAB", through which, after pre-registration, the users can use the services described in these General Terms and Conditions.
II. DEFINED TERMS
In these General Terms and Conditions, the terms listed below will have the following meaning:
1) “Mobile application" means a specialized application for mobile devices whereby the User is entitled, in the presence of Internet connectivity, to remote access to certain services offered by Philly Vibe;
2) "General Terms and Conditions" or “Terms and Conditions” means the present Terms and Conditions and their appendices, as well as any subsequent amendments thereof, which are disclosed and to which Users have access through the Website and through the Mobile Application;
3) "Purchase Order" means the User’s purchase order for the purchase of Food and Beverages designated by him/her, indicating the place of picking chosen from among the restaurants of Philly Vibe on the territory of Bulgaria with addresses as follows:
101, Aleksandar Stamboliyski Blvd., Mall of Sofia, Level 2, Pizza Lab – Tel.: +359885163133
115, Tzarigradsko shose Blvd., The Mall, Level 2, Pizza Lab – Tel.: +359884076133
Ring Road N. 214, Ring Mall, Level 2, Pizza Lab – Tel.: +359884775103
44, Graf Ignatiev Str., Pizza Lab – Tel.: +359882500152
69, Bulgaria Boulevard, Bulgaria Mall, Level 3, Pizza Lab – Tel.: +359882351280
5, 11th August Str., Pizza Lab – Tel.: +359882508167
8, Perushtitsa Str., Mall Plovdiv, Level 2, Pizza Lab – Tel.: +359886853037
3, Georgi Stranski Str., Plaza Plovdiv, Level 2, Pizza Lab – Tel.: +359886468269
4) "User" means any individual who uses the Mobile Application in any way, including but not limited to browsing the Mobile Application, creating his own User Profile through email registration, making Purchase Orders, and performing any other actions related to this;
5) "User Profile" means a part of the Mobile Application consisting of an email address and a password that allows the User to make a Purchase Order and contains user information provided by the User when registering via the Mobile Application, as well as a history of his Purchase Orders;
6) "Website" means the website maintained by Philly Vibe: https://www.pizzalab.bg;
7) "Philly Vibe” means Philly Vibe AD, Unified Identification Code 203418843. Detailed information about Philly Vibe AD and contact information for the company are in Section I "Information about Philly Vibe AD;
8) "Food and Beverages" means all products, including pizzas, salads, sauces, soft drinks and desserts, offered for sale by Philly Vibe through the Mobile Application that are part of the Philly Vibe’s menu announced on the Website, in all Philly Vibe’s pizza sites and on the Mobile Application.
III. GENERAL TERMS
3.1. These Terms and Conditions apply to all Purchase Orders placed through the Mobile Application. In event of a discrepancy between the General Terms and Conditions and the Purchase Order, the special conditions of the Purchase Order shall prevail.
3.2. The Terms and Conditions are binding for all persons using the Mobile Application, register through the Mobile Application, and/or make Purchase Orders.
3.3. In order to make Purchase Orders, the User must first sign up for the Mobile Application by creating his own User Profile by entering his own email address.
3.4. With a view to periodically supplementing and modifying the services provided by Philly Vibe, their improvement and expansion, as well as possible legislative changes that may affect them, the General Terms and Conditions may be amended by Philly Vibe periodically. Changes to the General Terms and Conditions will take effect from the date of their announcement on the Website and the Mobile Application. Users who disagree with the changes to the General Terms and Conditions have the right to delete their User Profiles and to discontinue the use of the Philly Vibe’s services provided through the Mobile Application.
IV. REGISTRATION. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
4.1. Registration of the User Profile is considered to be done under the following conditions:
a. completion by the User through the use of a mobile device of a registration form available through the Mobile Application. The fields that must be filled in are marked with an asterisk. Upon registration, the User will provide a name, surname, phone number, e-mail address (email) and password for accessing the User Profile;
b. tick the "I agree to the Terms of Service" checkbox and declaring that the User is familiar with the General Terms and Conditions and accepts them in full;
c. confirmation of registration by the User by entering in a specially designated field a verification code sent to the User by Philly Vibe at the specified contact telephone several minutes after registration.
4.2. After completing the registration, the User may use the following electronic identification tool to place Food and Beverages Purchase Orders through the Mobile Application: a username (representing a User-specified email address) and a password specified by the User when filling in the form for registration.
4.3. By signing up, the User declares and guarantees that he/she is an adult and uses his/her real identity and registration data.
4.4. The User agrees and declares that he/she will provide true and complete information when filling in the registration form in the Mobile Application. In the event of a change in the requested circumstances at the time of the initial registration, the User undertakes to update the relevant data in his User profile within 3 (three) days of the change.
4.5. The User is solely responsible for protecting the privacy of the email and password that identifies him/her for the use of the Mobile Application as well as for third party actions with the same. In case of suspicion of unauthorized or unauthorized access, stolen or lost email and/or password, the User should immediately notify Philly Vibe to terminate access to User's personal information and avoid unauthorized actions with the User Profile. The User is solely responsible for any damages that may arise to him/her, to Philly Vibe or to third parties due to unauthorized use of his username and password.
V. PURCHASE ORDERS
5.1. Purchase Orders can be made via the Mobile Application via an electronic Purchase Order form. To complete the electronic form, the User must follow the instructions of the Mobile Application.
5.2. The User can choose from the virtual menu of the offered Food and Beverages available on the Mobile Application When ordering a pizza, the User can take advantage of the “Do-it-yourself” option and make a pizza to his/her taste by choosing between a range of products listed in the virtual menu, not to exceed nine in number. Philly Vibe has the right at any time and without prior notice to make changes to the published Food and Beverages menu, their prices and other features. Users are deemed to be aware of these changes from the date they are reflected in the Mobile Application virtual menu.
5.3. The User can place Purchase Orders through the Mobile Application by selecting the desired Food and Beverages, following the following basic technical steps to complete and send the relevant Purchase Order:
a. Sign in to your User Profile;
b. View the menu announced in the Mobile Application;
c. Add Food and Beverage to a virtual basket or use the “Do-it-yourself” option - create a pizza;
d. Marking the pizza site of Philly Vibe from which the User wishes to receive the completed Purchase Order;
e. Specify the time at which the User will visit the Philly Vibe’s pizza site in order to receive the completed Purchase Order;
f. Completing the Purchase Order by pressing the "Completing the Purchase Order" button. By the completion of the Purchase Order, the User may review and modify the ordered Food and Beverages, quantities and other data relating to the specific Purchase Order.
5.4. By clicking on the "Completing the Purchase Order" button, the User agrees to purchase the Food and Beverages contained in his/her virtual basket under the terms and conditions of these Terms and Conditions. Once the User clicks the "Completing the Purchase Order" button, the system of Philly Vibe automatically generates the Purchase Order number and name.
5.5. The contract for the execution of any particular Purchase Order between Philly Vibe and the User is deemed to have been concluded as soon as the system of Philly Vibe generates the Purchase Order number and name.
5.6. Philly Vibe does not make deliveries to home, offices, etc. The Purchase Order will be ready for pick up by the User at a selected location of Philly Vibe.
5.7. On receipt of the completed Purchase Order, the User is identified with the name stated in the Purchase Order.
5.8. In the event that the User does not appear to receive the completed Purchase Order at the time indicated by him/her, the employees of the respective Philly Vibe’s pizza site will contact him/her at the designated contact telephone number. Any case of a non-received Purchase Order is reflected in the file system maintained by Philly Vibe. In case a User places two Purchase Orders within 3 months which are not collected, the User Profile from which the Purchase Orders are placed will be blocked.
VI. FUNCTIONALITY OF THE MOBILE APPLICATION. LICENSING
6.1. The Mobile Application is designed for mobile devices running Android and iOS operating systems and is freely available for download at AppStore and GooglePlay online stores.
6.2. The Mobile Application provides:
a. Users’ access to the Food and Beverage menu by Philly Vibe;
b. Opportunity for Users to check in real time the location, opening hours and distance to the Philly Vibe’s pizza sites, as well as to choose a pizza site from which to receive the ready Purchase Order;
c. Users access to history of their previous Purchase Orders and information about paid amounts;
d. User access to information about all available promotional offers, campaigns, and initiatives organized by Philly Vibe.
6.3. To license mobile content available from the Mobile Application, the User must follow the instructions shown. Philly Vibe grants permission to free download of one copy of the materials (information or software) for personal and non-commercial purposes only. Philly Vibe only grants a license for usage and does not transfer ownership. The User is not allowed to: modify or copy materials, use commercial or public display material (commercial and / or non-commercial), decompile, decompile, or reverse engineer the Mobile Application software, remove copyright or other intellectual property rights owned by the content of the materials and/or provide a "mirror" copy of upload materials to other servers. This license is automatically terminated upon breach of any of the above-mentioned cases and may be withdrawn at any time. Upon termination of access to the materials or upon the withdrawal of this license, the User is obliged to immediately remove, destroy and/or delete all downloaded and / or uploaded materials, whether in electronic or paper format.
VII. PRICES AND PAYMENT METHODS
7.1. Food and Beverages prices are listed in the menu published in the Mobile Application. Philly Vibe has the right at its sole discretion, at any time and without prior notice, to change the prices of the offered Food and Beverages.
7.2. At the time of receipt of the Purchase Order completed by a Philly Vibe’s pizza site, the User pays the full value of the Purchase Order's price, in exchange for receiving a receipt.
VIII. LOYALTY REWARD POINTS (“MONETTI”)
8.1. Any User who makes a Purchase Order via the Mobile Application receives virtual loyalty points called Monetti.
8.2. The User can also collect Monetti by ordering on site at Philly Vibe’s pizza sites by scanning his QR code from the receipt for the ready Purchase Order, which is generated when the Purchase Order is finalized and serves as the legitimation of the User when paying and receiving the Purchase Order.
8.3. Five percent (5%) of а Purchase Order made through the Mobile Application (or on the spot, if the User has scanned his QR code) is charged to a Monetti virtual account, part of the User Profile. For example, if the value of the Order is BGN 10.00, the respective User will receive in his account 0.5 points Monetti.
8.4. Each receipt with QR code has to be scanned within 2 hours of making the Purchase order. If, within 2 hours, the receipt is not scanned, the QR code shall become invalid and impossible to use. Monetti can only be accumulated to a single user with a single account for maximum two orders or two scanned QR codes within 24 hours.
8.5. Each Monetti point equals 1 Bulgarian lev (BGN). The user can use Monetti's accumulated loyalty points when purchasing Food and Beverages through the Mobile Application, by specifying this wish through their User Profile. Monetti points can only be used to pay the full value of User's Food and Beverages. It is not allowed to use Monetti points to make up part of the Purchase Order value, ie. to use Monetti points when purchasing Food and Beverages, the User must have Monetti equal to or in excess of the full value of the ordered Food and Beverages.
IX. DISCLAIMER. LIMITATION OF LIABILITY
9.1. The contents of the Mobile Application are provided "as is" without any warranties of any kind or nature, explicit or implied. Such warranties include but are not limited to: availability, accuracy, reliability, punctuality, completeness, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or other related rights. Apart from the above, Philly Vibe does not guarantee or make any representations as to the accuracy, probable performance or reliability of the use of such materials for other purposes on the Internet, the presence of a mobile network.
9.2. Philly Vibe is not responsible if the offered software is incompatible with the mobile device used by the User, cannot be installed, or malfunctions after installation.
9.3. The Mobile Application requires Internet connectivity to work properly. If the User is offline, the Mobile Application will not work.
9.4. Philly Vibe has not reviewed the content of the sites that have links to the Mobile Application and is not responsible for the content of any linked site as well as portals links. Incorporating a link to Mobile Application content does not imply any binding by Philly Vibe. The use of such a linked website is at the User's own risk.
9.5. Philly Vibe shall not be held liable in the event of unsuccessful registration via the Mobile Application, or in the event that access to any part of the Mobile Application is unavailable at any given time, or access is degraded for any reason whatsoever. Philly Vibe is not responsible for damages caused to telecommunication equipment, software and hardware or for the loss of data arising from materials or resources used in any way through the Mobile Application.
9.6. Philly Vibe is not responsible for the purposes and actions of the User in connection with the use of the Mobile Application as well as the User Profile content. Philly Vibe has no obligation to stop access to and/or remove the User Profile content at the request of the User who reported it.
9.7. Philly Vibe has the right to refuse to execute a Purchase Order of a User who, through his actions or omissions, has given Philly Vibe to believe that he cannot perform in good faith his obligations under these Terms and Conditions.
Materials uploaded to the Mobile Application may include technical, printed or photographic errors. Philly Vibe may make changes to the materials contained in the Mobile Application at any time and without notice but does not undertake any commitment to update the materials.
XI. RIGHT OF REFUSAL. RECLAMATIONS
11.1. According to Article 50 of the Consumer Protection Act (CPA), a purchaser who is a consumer within the meaning of the CPA has the right to withdraw from the distance sale contract and to demand the return of the goods ordered and purchased by him/her within the time limit 14 (fourteen) days of receipt of the goods. However, in the specific case, the Users have no right of withdrawal under Art. 50 of the CPA with respect to the products of Philly Vibe, as the Foods and Beverages offered by Philly Vibe are short-term products within the meaning of Art. 57, item 4 of the CPA.
11.2. Notwithstanding the foregoing, the User has the right to make a claim within 60 minutes from the time of delivery of the Purchase Order in the following cases:
a. Purchase Order is not complete or
b. The product received by the User does not match the Purchase Order he/she has made.
11.3. Within the timeframe of Art. 11.2 above, the User may make a claim at the place of purchase from which he has received the completed Purchase Order or by calling the telephone at the relevant point of sale referred to in Section II, Article 3 above. If the claim is made after this deadline, Philly Vibe is not obliged to follow the policy of accepting complaints.
11.4. The calls to the telephone numbers of the relevant pizza sites listed in Section II, Article 3 above are charged at the price of a local call, the price of which is determined by the individual tariff plan of each User with the telecommunication company whose services he/she uses.
11.5. When filing a legitimate claim, Philly Vibe may, at its discretion, offer the following options to resolve the problem: replacement of the product with a new one or a product gift at a subsequent Purchase Order at the expense of Philly Vibe, discount granted on a subsequent Purchase Order or purchase by Philly Vibe.
XII. OTHER PROVISIONS
12.1. All disputes arising in connection with or relating to these Terms and Conditions shall be resolved by mutual agreement between the parties and, in case of impossibility, by the competent Bulgarian court.
12.2. For the issues not settled in these General Terms and Conditions, the provisions of the legislation in force in the Republic of Bulgaria shall apply.
12.3. All intellectual property rights, such as trademarks and copyrights on materials, photos, logos, images, and the like, published in the Mobile Application, remain the property of Philly Vibe. Any use of the Mobile Application or its content, including copying or storing this content in its entirety or in part, except for the personal, non-commercial use of the User, is prohibited. Offenders are subject to sanctions under the provisions of the Copyright and Related Rights Act and the Marks and Geographical Indications Act.
12.4. Philly Vibe reserves the right temporarily or permanently to discontinue the provision of part and/or all services available through the Mobile Application.
12.5. Philly Vibe has the right to cancel and delete the User's registration entirely if:
a. The User provided false or incomplete information;
b. Philly Vibe has doubts about abuse, misconduct, or violation of the current General Terms and Conditions;
c. The User did not appear to receive a ready Purchase Order at his chosen pizza site;
d. Force majeure or for other objective reasons, including, but not limited to, an order of the competent governmental authorities to discontinue the performance of part or all of the services provided through the Mobile Application;
e. Philly Vibe has suspended the Mobile Application.
12.6. The User is at any time entitled, at his own discretion, to discontinue use of the services provided by Philly Vibe by deactivating his User Profile.
12.7. The electronic statements and communications provided in these General Terms and Conditions are considered valid if they are made in the form of e-mails, pushing a virtual button from the Mobile Application, and so on, as long as the statement is recorded technically in a way that enables it to be replicated.
These General Terms and Conditions have been adopted by the Board of Directors of Philly Vibe and are in force since 01.FEB.2019. The General Terms and Conditions have been last updated on 18.JULY 2019. Upon any change to and / or addition to the Terms and Conditions, Philly Vibe shall update the published General Terms and Conditions that become mandatory for Users and for Philly Vibe from the time of publication of the relevant update.