General Terms

The present General Terms of Use (“General Terms”) regulate access and use of the website located at https://www.simid.com (“Website”) which is under the control of Simid Sofia EOOD, a Limited Liability Company, incorporated under the laws of Bulgaria, registered with the Bulgarian Commercial Register under Unified Identification Code (UIC): 175110255, having a seat and address of management at: 1331 Sofia, Region Lyulin, 774 Okolovrasten pat Blvd. (hereinafter referred to as “Simid Sofia”, “We” or “Us”), as referenced herein.

Please read carefully the present General Terms before continuing the use of our Website. The General Terms constitute the agreement (“Agreement”) between Simid Sofia and you or the legal entity represented by you (“You”).

The present Agreement enters into force and effect immediately upon you accessing the Website. By accessing the Website, you represent that you may lawfully enter into agreements (you are not under legal age and your legal capacity is not restricted). If you enter into this Agreement on behalf of a legal entity – for instance, the company you represent or you have been employed by – then you hereby state and represent that you have legal authority to bind this legal entity. You cannot use the website on behalf of a legal entity if you are not provided with proper authorization or mandate for entering into a binding agreement on behalf of such legal entity.

By accessing the Website you hereby undertake to comply with all applicable legislation related to the use of the Website, as well as our products and services (as defined hereinafter in these General Terms).

Without prejudice to your rights under the applicable legislation, Simid Sofia hereby reserves its right to amend the present General Terms, in order to reflect the technological progress, legal and regulatory changes, as well as good business practices.
An updated version of these General Terms will reflect the amendments made therein, whereas we will properly notify you by updating the date of entry into force and effect of these amended General Terms. By merely accessing or using the Website you hereby agree to have read, understood and agreed to be bound by the current (effective) version of these General Terms, which is available upon accessing the Website. Provided you do not agree with these General Terms or you are discontent with the Website, you should immediately cease the use thereof.  

 Use of the Website

The Website is an online system designed to present information on the products manufactured by Simid Sofia – bread, bakery and confectionery products (“Products”), as well as the services rendered by Simid Sofia, including without limitation – manufacturing, delivery and/or sale of bread, bakery and confectionery products (“Services”), their contents, nutrition values and specifications. The Website’s content has an advertising and informational purpose. The Website may contain links to other websites. Simid Sofia cannot be held responsible for the privacy policy of websites which are not administered by Simid Sofia, as well as for any information contained therein.

You may access and use the Website in accordance with the present General Terms. Additional terms may apply in respect of certain products and services, as included or otherwise rendered via the Website, as explained in the relevant sections thereof. Simid Sofia does not charge fees for accessing the Website.

Simid Sofia may, at its own discretion, temporarily or permanently to alter Website’s functionalities, as well as the contents available thereon, to suspend and/or terminate some of Website’s functionalities, as well as the Website per se. Simid Sofia may alter or cease provision of any of the Products or Services, as well as to alter or remove Website’s functions or functionalities at any time.

Simid Sofia allows access to Website in strict compliance with all applicable rules for protection against discrimination.

Restrictions of Use

Dear users, please do not abuse the website. Please do not interfere with the Website and do not attempt gaining access by using a method other than the interface and instructions we provide. You may use the Website only in accordance with the law. We may suspend or terminate your access to the Website, as well as provision of Products and Services, if you do not comply with these General Terms and/or Agreement entered into with you, regulating specific services or delivery of particular products, including for a period of investigation of doubts for improper conduct.

You understand, acknowledge and agree not to damage or alter our electronic information published on the Website or any of our servers. Furthermore, you agree not to attempt to override or circumvent any of the Website’s security systems, as well as to comply with all applicable laws and secondary legislation.

Website Content

Simid Sofia strives to maintain accurate and up-to-date information related to our Products and Services, as well as other information on Simid Sofia, as presented in the Website. Nevertheless, we cannot guarantee the accuracy, effectiveness and suitability of any information contained in the Website. Every user assumes full responsibility and all risks stemming from the use of the Website. The information is presented on an “as is” basis and may include technical inaccuracies, omissions in information or typographical errors. Simid Sofia reserves its right to supplement, erase or alter the information contained in the Website at any time without prior notice.

Images of Products are of informative and guidance nature only, respectively the Products manufactured and offered may differ from images. Specifications or prices of Products described in the Website may be altered by Simid Sofia at any time and may therefore contain errors. It is also possible, due to constrained space and consecutive structure of information, descriptions of Products and Services to turn out to be incomplete.

Simid Sofia does not assume responsibility and does not warrant in any manner whatsoever the information or content published on the Website. Simid Sofia hereby expressly waives any representations or warranties, notwithstanding express or implied, created by operation of law, contract or otherwise, including without limitation, any warranty for marketability, suitability for a given purpose, property or other. Simid Sofia shall not, in any manner whatsoever, be held responsible for damages of any kind or nature, including without limitation – direct or indirect (including loss of profit), consequential or casual damages, stemming from or in relation with the existence or use of the Website and/or the information or content published on the Website, regardless of whether we have been notified of the possibility for such damages. Website may display contents provided by third parties (“Third-Party Contents”). The Third-Party Contents is responsibility of the person presenting it. We may review Third-Party Contents in order to determine whether it is unlawful or is in breach with our policies and may therefore remove or refuse displaying Third-Party Contents, which we reasonably consider is in violation with our General Terms of the law. This, however, does not mean that we review the entire Third-Party Contents, therefore, please do not assume that we do so. Simid Sofia cannot be held responsible and does not provide any warranty whatsoever as to the accuracy, effectiveness, timeliness and suitability of Third-Party Contents, including hyperlinks to or from websites of third parties. Unless otherwise envisaged in the Website, we will not redact, edit, censor or otherwise control Third-Party Contents. Accordingly, such information is supposed to be rendered suspicious and unapproved by Simid Sofia. The website may contain forecasts reflecting our current expectations in respect of future events and business development. Forecasts include risks and uncertainty. The actual development or results may differ substantially from the forecast and are dependent on a variety of factors, including without limitation – annual availability of funds, research programs’ success, approvals by regulatory authorities, commercial relations stability and general economic conditions.

Intellectual Property

Simid Sofia provides you with a right of limited access and personal use of the Website, however no right of information download (other than caching pages) or introducing changes to the Website or any part thereof - unless expressly permitted by Simid Sofia, is allowed. This right does not include: (a) resale or commercial use of the Website or the contents thereof; (b) any derivative use of the Website or the contents thereof; or (c) any use for data retrieval purposes, robots or similar instruments for data collection and retrieval. Unless otherwise specified in a separate license, your right of use of any software, data, documentation or other materials you have access to or download via the Website, is subject to these General Terms and the respective Agreement for provision of Product or Services.

The Website or any part thereof cannot be reproduced, duplicated, copied, sold, resold, visited or operated in any commercial manner whatsoever without our express written consent. You are not allowed to frame or use framing techniques in order to apply a trademark, logo or other proprietary information (including images, text, page layout or form) of Simid Sofia without our express written consent. You may not use any meta tags or other "hidden text" using Simid Sofia's trade name or trademarks without our express written consent. Any unauthorized use shall terminate the permission or license granted by Simid Sofia. You have a limited, revocable and non-exclusive right to create a hyperlink to the homepage of the Website, provided the link does not depict Simid Sofia or its services in a false, misleading, degrading or other unacceptable manner. You may not use Simid Sofia logo or other trademark or trademark as part of the link without express written permission.

Indemnification

You agree to undertake all necessary safeguards, as well as to indemnify us, our affiliates and licensors, and any of their respective employees, managers and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with claims by third parties concerning: (a) your use of the Website and/or our products and services; (b) breach of these General Terms or breach of applicable law by you. If we have an obligation to respond to a third-party summons or other legal order or procedure described hereinabove, you will also reimburse us for reasonable legal fees, as well as the time and expenses of our employees and contractors spent in response to a third-party summons or for taking action in the course of another legal order or process.

Limitation of liability

As stated in the Website Content section hereinabove, the Website and all information, content, materials, products (including any software) and services presented, included or otherwise provided to you through the Website are provided by Simid Sofia on an "as is" and "as available" basis. Simid Sofia makes no representations or warranties of any kind, express or implied, about the operation of the Website or the information, content, materials, Products or Services included or otherwise provided through the Website, unless expressly stated in writing. You hereby expressly agree that your use of the Website is at your own risk.

To the fullest extent permitted by applicable law, Simid Sofia excludes any liability under warranties, express or implied, including, but not limited to, implied commercial warranties and compatibility warranties of a particular purpose. Simid Sofia does not guarantee that the Website as a whole, as well as information, content, materials, Products (including any software) or Services included or otherwise provided to you through the Website, our servers or emails sent by us do not contain viruses or other harmful components.

Simid Sofia shall not be liable for any damages arising from the use of the Website or from any information, content, materials, Products (including software) or Services included or otherwise provided through the Website, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Please note that additional notices, disclaimers and other terms and conditions may apply to specific products or services.

Neither party shall be liable to the other party for any loss or damage which may be incurred as a result of preventing, obstructing or delaying the performance of any obligation under these General Terms due to circumstances or events beyond the reasonable control of the party referring to such prevention, obstruction, restriction or delay in the performance of any of the obligations described herein, whether foreseeable or not, including but not limited to any natural disasters, strikes, lockouts, work stoppages, pandemics, fires, war (declared or undeclared), war-like operations, riots, insurrections, terrorism, criminal acts, kidnappings, piracy or piracy activities, breaches of applicable laws, regulations or judiciary order or other instrument of government or quasi-governmental body (“Force Majeure Event”). The delivery time of such party shall be extended by the period of such delay.

Temporary Suspension

We may suspend your right of access or use of the entire Website or any portion thereof by means of a notice with immediate effect, provided we establish that: (a) the use of the Website (i) poses a security risk to us or a third party, (ii) may adversely affect the Website or any of the Products or Services included or otherwise provided through the Website, or the systems or content of other customers of ours, (iii) may give rise to liability for us, our affiliates or a third party, or (iv) may be fraud or abuse of rights; (b) you are in breach of these General Terms and the resulting Agreement or Agreement for Products or Services; or (c) you have ceased your normal activities, made a transfer in favour of creditors or a similar disposition of your assets, or you have been the subject of insolvency, reorganization, liquidation, termination or similar proceedings.

Termination of Agreement 

Either party may terminate this Agreement due to default of the other party with a 30-day prior notice in the event of a material non-performance or breach of this Agreement, unless the defaulting party has remedied the breach within the 30-day notice. 

We may also terminate the Agreement via notice with immediate effect, provided: (a) your action or inaction has resulted in suspension, as described above, (b) our relationship with a partner providing software or other technology for provision of our Products or Services is terminated or changed such that we are required to change the method we provide Services, (c) we consider that provision of the Services may create a significant economic or technical burden or pose a serious risk to our security, (d) we must comply with the law or the demands of the competent public authorities, or (e) establish that your use of the Website and/or the Products and Services or the provision of any of the Services to you has become impractical or impossible on any legal or regulatory basis whatsoever.

Notices

In order to send a notice to us you need to contact Simid Sofia, as follows: via personal delivery or registered mail to Sofia, Postal Code 1331, Region Lyulin, 774 Okolovrasten Pat Blvd. We may update our notices address by publishing an announcement on the Website. Notices served via personal delivery or registered mail shall enter into force and effect immediately upon receipt thereof.

Communication

We use information collected through cookies, web beacons, pixels, web server logs and other automated means after explicit consent, which you provide when you first visit the website using the button "I agree to the use of cookies“. The purposes for which cookies are used may be: (a) customizing the use of our websites by our users; (b) providing content tailored to the interests of our users and the way our users use our websites; and (c) manage our website and other aspects of our business.

We also use third-party analytics services on our websites, such as Google Analytics. Analytics providers who administer these services use technologies such as cookies, web server logs and web beacons to help us analyze your use of our website. The information collected through these means (including IP address) may be disclosed to such analysts-providers of ics and other relevant third parties who use the information, for example, to evaluate the use of the website. To learn more about these analytics services and how they collect data, please visit: https://policies.google.com/technologies/partner-sites?hl=en. To review how to opt out, please visit the following sites and all sites contained in country-specific add-ons:
Google Analytics: https: https://tools.google.com/dlpage/gaoptout 

Notice and procedure for filing claims for copyright infringement
Simid Sofia respects other people's intellectual property. If you believe that your work has been copied in a manner that infringes copyright, please contact us in writing by providing the information below:

• A description of the copyrighted work that you claim has been infringed;
• A description of the location of the material you claim is infringing and located on the website;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

• A statement by you, including criminal liability for falsely declaring that the information in your notice is accurate and that you own the copyright or are authorized to act on behalf of the copyright owner;

• Electronic or physical signature of the person authorized to act on behalf of the copyright owner.
A notice of copyright infringement claims must be sent to us in accordance with the communication procedure set out above.

General Terms

You agree that these Terms and Conditions describe the entire agreement between us and with respect to its subject matter. If a competent court of law finds that any provision of these general terms and conditions is invalid or unenforceable, you agree that the remaining provisions of these general terms and conditions will remain in force and will be binding on you.
Failure to apply any provision of these General Terms does not constitute a current or future waiver of such provision, nor does it limit our right to apply such provision at a later date. All disclaimers on our behalf must be in writing to be effective.

These General Terms and our Agreement with you are governed by Bulgarian law. Any dispute related in any way to your visit to or use of the Website, or to the products and services included or otherwise provided to you through the Website, will be heard by the competent courts in Sofia, Bulgaria and you hereby agree with the exclusive jurisdiction of these courts