GENERAL TERMS AND CONDITIONS FOR USE OF THE SERVICES OFFERED ON WWW.AVATAR-VR.EU
These General Terms and Conditions regulate the relations between Celestial OOD, hereinafter referred to as the Provider, and the users of the services offered by the Provider, hereinafter referred to as the Users.
I. GENERAL CONDITIONS
1. The provider is “Celestial” OOD, with UIC 200681134, registered office address in Sofia, 14 Chumerna Str., Address for business in Sofia, 50 Tsar Samuil Str., Contact details info@avatar- vr.eu, 0878 21 07 26
2. User is any natural or legal person who wishes to enter into a contract with the Provider for any of the services offered by the Provider and which services will be provided to him at the address of the Provider. Through the Provider’s website, the User could: book an hour for entertaining play; get information about free hours of play, get information about the value of the service.
3. The Provider is obliged to confirm the reservation made by the User only in compliance with these General Terms and Conditions (GTC). Some of the clauses in these General Terms and Conditions are directly binding only on consumers under the Consumer Protection Act and do not apply to Users, whether legal entities or individuals, who take part in entertainment games as part of their commercial or professional activity. Such clauses are explicitly mentioned as applying only to natural persons. All other clauses in these General Terms and Conditions apply to each User, regardless of its quality.
4. When making a reservation request, the User provides the Provider with the necessary data for the reservation, namely names, email, phone and day and time of the reservation. Reservations are made through the website of the Provider or on site at the address for business.
5. To make a reservation on the website of the Provider, no registration is required.
II. SIGNING A CONTRACT
6. Before the User is bound by a reservation and using any of the services related to the entertainment games of the Provider, the Provider provides the User in a clear and understandable way all legally required information, unless it is clear from the context or nature and nature of the service. The information under the previous sentence includes, but is not limited to, a description of the service, a price including VAT, information on the methods of payment, etc. The Provider and the User enter into a valid contract for the use of any of the services of the Provider, after the User has followed the reservation procedure. The reservation is made as follows: The User visits the website of the Provider, the User chooses the day and time for booking, the User agrees with these GTC by noting this in the space provided on the site. After the reservation is finalized, the User receives a confirmation of the e-mail or telephone number specified by him, after which the Provider provides the User with the service on the requested day and time. The Provider is directly bound by its obligations from the moment of agreement by the User with these GTC. After the service is provided, the User receives a new email from the Provider, in which he is asked if he is satisfied with the service and is invited to like the Facebook page of the Provider. The Provider reserves the right to refuse to process reservations even after sending its confirmation to the User, and the refusal can be done by email or phone. The Provider may refuse to process the reservation when there are reasonable doubts that the reservation is not authentic, including that it does not come from the User described in the same or other technical reasons..
7. The entertainment games that the Provider offers and provides are described in detail on the website.
8. To participate in the entertainment games provided by the Provider, the User should make a reservation by choosing the time and day to visit the address of the Provider. The user should provide the necessary data for this purpose, namely names, e-mail, telephone number. Before providing the service, the user declares that he does not have any of the following conditions: Pregnancy, Epilepsy, Vestibupathy – vertigo syndrome, Meniere’s syndrome, Uncontrolled hypertension, Rhythm-heart or cardiovascular disease, Panic attacks and disorders, Prekaka stroke or heart rhythm disorder, Internal or pigmented glaucoma, Hyperacusis, Fear and phobias.
9. In case of inaccurate data provided by the User, such as wrong email or phone, as well as inability to visit the address of the Provider, independent of the Provider, the Provider is not responsible.
10. After confirming the reservation and after visiting the place on the selected day and time, the Provider undertakes to provide the User with participation in the entertainment game of his choice.
III. PRICE, PAYMENT
11. Methods of payment: payment on the spot or by bank. Payments are made in advance in full.
12. The price includes VAT and is indicated in BGN, as the specific price of each entertainment game and service is provided by the Provider.
IV. RIGHT OF REFUSAL. TERMINATION.
13. The right of withdrawal is not valid for the services offered by the Provider, because when starting the performance of the service for providing entertainment game, its performance starts immediately and the user loses his right of withdrawal. By reserving an hour, the Provider loses the opportunity to reserve this hour to another potential User. The user has the opportunity to cancel a reservation made by him within 24 hours before the time of booking, and the cancellation is made by phone or email.
14. The right of refusal under Art. 50 of the CPA does not apply to Individual Users who make reservations for the purpose of their use in their commercial or professional activities or to Legal Entity Users.
15. The right of refusal under Art. 50 of the CPA do not apply to service contracts where 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 be performed in full by the trader.
16. The user declares that he agrees that the performance of the service for each requested entertainment game starts from the moment the service is provided to him, therefore the right of withdrawal is not valid. In case the User wishes to cancel the service purchased by him, he should contact the Provider, and the Provider at its discretion could refund the amount paid or part thereof, but in no case is engaged in this possibility.
17. In case the Provider deems that it will refund to the User the amount paid by him or part of it, this refund will be made in accordance with Art. 54, para. 2 of the CPA – the Merchant is obliged to refund the amounts received using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not involve costs for consumer.
18. Warranty liability is not applicable, as the nature of the services does not imply this.
V. FINAL CLAUSES
19. The Provider is a controller of personal data and guarantees the inviolability of the information provided by the User. Disclosure of personal data is possible in compliance with the statutory procedure. The User is informed that in order to fulfill the obligations of the Provider, the latter will process, including store, the personal data submitted by the User for the purposes of performance of the Contract. Personal data will be stored, processed and respectively deleted in accordance with the requirements of applicable law, as more information is contained in the Policy of personal data processing of the Provider, published on its website.
21. The provider does not infringe on other people’s intellectual property rights. The Provider does not guarantee that the access to the site will be uninterrupted, timely, secure and free from errors, as far as this is beyond the capabilities, control and will of the Provider. The services provided by the Provider remain entirely his copyright and their illegal use by third parties, including the User (outside the purposes of the contractual relationship between the two parties) is subject to legal sanctions. The User declares that he is aware that with these General Terms and Conditions and with regard to the relations between the parties, no intellectual property rights are transferred and nothing should be interpreted in this sense. During the performance of the services, the Provider may provide the User with materials related to the performance of the service, which materials remain the property of the Provider.
22. Unless explicitly stated otherwise, each party to a contract that is still in force shall not be liable for non-performance, in whole or in part, and / or in cases where the obligations are outside the terms of the contract, in the event of non-performance. of the obligations has occurred as a result of force majeure. The party or its legal representative, who invokes force majeure, must immediately and comprehensively notify the other party of the occurrence of the event and take measures to prevent it in order to limit its consequences. The party or its legal representative, who refers to the event described above, is released from liability only if the occurrence of the event prevents him from performing the contract in good faith.
23. The User is responsible for the culpable non-fulfillment of its obligations under these General Terms and Conditions, and undertakes to indemnify the Provider for all losses, damages and lost profits caused as a result of the non-fulfillment.
24. The Provider may change the current GTC at any time and publish them on its website, notifying the change in a prominent place on its website. If any provision in these GTC is declared null and void or inapplicable, the rest of them remain in force to the extent that it is sufficient to achieve the goals and intentions of the parties.
25. In the event of a dispute between the Provider and the User, the User has the opportunity to contact the local Alternative Dispute Resolution Authority (ADR / OARS) after failing to resolve the dispute with the Provider. The body for alternative dispute resolution for the territory of the Republic of Bulgaria is:
Joint Conciliation Commission at the Consumer Protection Commission based in Sofia, 4 A. Slaveykov Square.
In order to resolve the dispute between the parties, the User could contact the Provider directly and in the spirit of good trade relations the parties could take measures to resolve the dispute. The provider receives signals and complaints at its management address, as well as at its email, every working day and within its working hours.
26. These General Terms and Conditions are in compliance with the Bulgarian legislation. For all cases not settled by the present GTC, the current legislation in the Republic of Bulgaria shall apply, and the court disputes shall refer to the respective competent court in the Republic of Bulgaria.