Welcome to Our gardens!

1.1. When used in these Terms and Conditions with a capital letter, the following terms and expressions shall have the following meaning:

2.1. The Our gardens Platform provides its Users with the following services:

• • access to the content posted on the Platform and other Our gardens sites, including information about Our gardens Partners and the Products they offer
• • the ability to enter into a remote contract for the purchase of Products and payment for the relevant Products via the Platform
• • the possibility of delivery of the purchased Products to an address specified by you
• • the ability to post opinions and reviews about the Partners and their Products, and
• • any other services that may be offered by Our gardens from time to time.

2.2. The services provided by Our gardens are constantly evolving and the nature of the services offered by Our gardens is subject to change from time to time, without prior notice. In addition, Our gardens reserves the right to discontinue (temporarily or permanently) the offering of any or all Services to you and/or to users generally, including without prior notice. Our gardens has the right to impose limits on the ability to use and/or store information at its discretion at any time and without prior notice or any obligation to you.

2.3. You may use the Services if you are at least 18 years of age. We do not advertise or offer products to minors. You are entitled to purchase Products through the Our gardens Platform only if you are of legal age and capacity.

2.4. Each User is entitled to use the Services only in compliance with these Terms and in accordance with applicable law. If you create a Profile on behalf of a company, legal entity or other person other than yourself, provided that you have the necessary rights to represent that person, you agree to these terms on behalf of the represented company or third party.

3.1. In order to use the Services offered by Our gardens, as well as to purchase Products through the Platform, you must register as a User.

3.2. For the purpose of your registration as a User, you must provide your name, phone number, correspondence address, email address and a unique password. When registering, you confirm and guarantee that all data provided by you is true and current. In the event of subsequent changes to the registration data you have provided, you undertake to update it in a timely manner through the relevant form available through your personal profile.

3.3. Registration may also be done following authentication provided by other social networks, including but not limited to Facebook. In such cases, Our gardens may request additional information, such as your phone number. When registering with Our gardens through a Facebook or other social network profile, you expressly agree to disclose to Farmhopping the data from your respective profile and guarantee that you have the right to disclose this data without violating the terms of the respective third party.

3.4. Making a purchase of Products or registration of a Profile requires each User to expressly agree to and accept the application of these Terms and Conditions in their relations with Our gardens.

3.5. When registering with Our gardens, each User automatically subscribes to the Our gardens newsletter, unless they expressly opt out of this subscription. The Our gardens newsletter subscription is free and does not require the User to pay any amounts.

3.6. All personal data provided by you will be used in accordance with the Personal Data Protection Terms and the Cookie Use Terms.

3.7. User registration with Our gardens is for personal use only. The User has no right to provide access to their Profile to third parties. Each User is personally responsible for keeping their Our gardens registration details and login data (including email and password) confidential.

3.8. The User is obliged to keep the confidentiality of their password for access to their Profile. Each User undertakes to notify Our gardens immediately if they suspect unauthorized access by third parties to their Profile. Our gardens is not responsible for unauthorized access to a Profile in cases where it has not been notified by the User of loss/problems with their password. You undertake to cooperate and assist us in any actions on our part related to any unauthorized access to your account by third parties.

3.9. You are fully responsible for all damages caused to Our gardens or any of its Partners in connection with the use of the platforms that may be caused through your profile, including in cases of unauthorized access.

3.10. You have the right at any time to change your Profile data or to delete it.

3.11. Our gardens has the right at any time to terminate the registration and delete the Profile of any User. Termination of registration or deletion of a User's Profile does not change the rights and obligations of the parties in connection with orders placed by the User before termination of their registration.

3.12. After creating a Profile, Our gardens grants you an unlimited, non-exclusive and non-transferable right to use the Services (including together with all future changes and improvements) in compliance with these Terms and Conditions.

4.1. Access to and provision of the Services is determined unilaterally by Our gardens. Our gardens reserves the right, at any time, to temporarily suspend or discontinue the provision of any or all Services or to change their content. Our gardens is not responsible if any Service or Product is unavailable at any time.

4.2. Our gardens reserves the right, at its discretion, to limit access of certain Users to certain Services.

4.3. The User is solely responsible for how they will secure access to the Services. The User is obliged to ensure that any person who has access to the Services using the User's Profile is familiar with and complies with these Terms and Conditions.

4.4. By accepting these Terms and Conditions, you expressly agree that you receive access to the Platform and the other Services in the form in which they are as of the date of creation of your Profile. Our gardens has no obligation and assumes no responsibility regarding the functionality, completeness, duration, availability or other characteristics of the Platform.

4.5. Your access to the Services and in particular to the Platform is at your own risk and Our gardens is not liable for damage to your computer system, loss of content or other damage resulting from the use of the Platform, except in cases of intent or gross negligence.

4.6. Our gardens shall not be liable for any damages caused to a User in connection with the content, view or quality of any other websites accessible via internet links/references that are provided either on the Platform or in a message sent to a User's email. Responsibility in respect of such websites rests entirely with their respective owners.

5.1. Our gardens is an online platform (marketplace) that enables local producers and farms (called Partners) to offer a range of products and services produced or offered by them, as well as the possibility for products purchased through the Platform to be delivered to your address or to another location of your choice. Through the Platform you purchase Products or services directly from the respective producer.

5.2. To place an order through the Platform you need to log into your personal Profile and open the order page, where you can select the Products or services you wish to order and add them to your cart. After proceeding to checkout, you can select the delivery day and will be able to provide your delivery address or choose to pick up your Products from a Pick-up Location.

5.3. You can check your order for errors before confirming it. Once you choose to place an order via the "Order" button on the platform, you will automatically be redirected to the payment page of the external payment service providers that Our gardens works with. The purchase order will be deemed submitted upon confirmation of payment by the respective payment operator. Once the order is accepted it cannot be cancelled by you, except in the cases specified in section 8 below.

5.4. If payment is not confirmed at the time of order for any reason, including when payment is not authorized by the User's bank, the submitted order is deemed cancelled and neither party has any obligation to perform it.

5.5. All orders placed are subject to approval by our Partners (who may delegate these functions to us). The order placed is not binding on the Partners and they have the right not to accept it without having to state a reason. Our gardens is not responsible if an order is not accepted and is not obliged to ensure acceptance of every order.

5.6. After placing an order, you will receive an email confirming the order placed (to the email address provided in your Profile). This email contains the order reference number and details of the products ordered. This confirmation means that the order has been accepted and you have entered into a valid purchase agreement with the respective Partner. The contract is deemed concluded from the moment of submission of your order.

5.7. If your order is not accepted, the payment you made will be refunded in full within three business days.

5.8. The Products offered may not be available. Our gardens Partners may limit the quantities delivered (especially for promotion products) at their discretion if they consider that the ordered quantity threatens availability for other users. If a given ordered product cannot be delivered, we will assist you by contacting our Partner and you to offer a replacement with another product from the same or another Partner or to issue you a voucher for the same value for purchasing Products through the Platform. If you do not wish to replace the products you ordered, you have the right to withdraw from the Order, to receive a voucher for the same value for Product purchases at your discretion or to receive your payment in full within 14 days of withdrawal.

6.1. All prices for Products and Services displayed on the www.farmhopping.com site are final and include VAT (where applicable), as well as all other taxes and fees provided for in the applicable legislation. Product prices and delivery cost are stated separately.

6.2. Our gardens accepts payment by credit card through external providers – Braintree, Epay, as well as payments through EasyPay. Please note that to make such a payment, you may need to have a registration with EasyPay or Epay. Payments are made in accordance with the applicable general terms of EasyPay or Epay and we are not responsible for actions or inaction by EasyPay, Epay or Braintree. "Convenience payments" are also allowed, where there is no need to fill in card details each time. You may register up to three cards, with the ability to delete them at any time. Regarding security: Our gardens does not store bank card numbers and has no access to them. When using this option, upon first payment your card is registered in the system of First Investment Bank, through which payments are made.

6.3. We take measures, insofar as it depends on us, to protect your data and your order data, but in the absence of error on our part in this regard, we are not liable for losses you may suffer if a third party provides unauthorized access to any part of your data while ordering through or using the Our gardens platform.

6.4. In cases where we need to refund a payment made by you upon delivery of wrong or unfit for use Products, refusal to accept an Order or withdrawal by you from an order placed (where permitted), the refund of amounts paid by you will be made by issuing a voucher for the same value, which you can use to purchase Products at your discretion. If you do not wish to be issued vouchers, the refund of amounts paid by you will be made to the credit card/account used to make the payment to us. In case of withdrawal by you from an order placed in accordance with section 8 below, Our gardens has the right to withhold the value of products damaged upon return or the costs of collecting the products.

7.1. The products you order will be delivered to you by Our gardens at the address you specified or at a Pick-up Location. Pick-up Locations are places on the territory of Bulgaria where a group of people who wish to shop from Our gardens Partners using Our gardens Services work or live. These locations are pre-approved or created by Our gardens. To find a delivery location or create one, visit our Pick-up Locations page.

7.2. Delivery of your order to the Pick-up Location of your choice is at Our gardens' expense. You yourself choose the delivery period from the options provided to you when placing your order. Deliveries are made in the time zone indicated in the order acceptance confirmation email.

7.3. If you cannot be found at the address you specified at the specified delivery time or there is no one to receive the delivery at the Pick-up Location, we will leave you messages about the missed delivery and will try to contact you by phone to arrange an alternative address or another time for delivery, for which an additional delivery fee will be charged, as well as if necessary, payment for perishable products will be required.

7.4. If you give instructions for your order to be left at the specified address or Pick-up Location without anyone to receive it, Our gardens is not responsible for your order, including in case of theft, damage to the Products, contamination and any other consequence of temperature change – for products that need to be stored under specific conditions.

7.5. You are responsible for receiving the order at the specified place and within the specified range. If you do not collect your order delivered to the delivery location of your choice, you owe the full value of the order and delivery and have no right to refuse delivery, except when you have the rights under section 8.2.

7.6. All risks for the order (including risk of loss or damage to products) are borne by you from the moment of delivery to your address or the Pick-up Location of your choice.

7.7. If the order you received does not match what you ordered, you must contact us within the day on which the delivery was made. You will not be required to pay for wrongly delivered products, as well as products that were not delivered.

7.8. We are not responsible for delay or inability to perform delivery due to circumstances beyond our control.

7.9. If delivery of your order is delayed for reasons beyond our control (e.g. shortage of produce), Our gardens will inform you in a timely manner, but Our gardens is not responsible for such delays and any non-performance of deliveries.

7.10. Refund of delivery fees may only be made in accordance with the cases where the User may exercise the right of withdrawal from a confirmed order, as specified below, or in cases where delivery was not performed.

8.1. Please note that you do not have the right to withdraw from the purchase of food and food products that have a short shelf life or are perishable, as well as from food products that have been delivered to you in sealed packaging and that have been opened. Most of the products offered through the Our gardens platform meet these requirements and for them you have no right of withdrawal from a purchase made, unless you have been delivered wrong or damaged products, which is determined at the time of receipt of delivery. Complaints about wrong or damaged products can only be made within the day of receipt of delivery.

8.2. For all other products you have the right to withdraw from the purchase made within 14 calendar days of their delivery. The delivery fee paid by you will be fully refunded after we receive all Products that are the subject of the purchase (not just part of them) back to the address specified in section 8.3. Please note that the delivery payment will be refunded based on the standard delivery fee. The refund of the payment made by you will be made within 14 days of Our gardens receiving the returned Products back at the address specified in section 8.3. It is your responsibility to take good care of the Products and to return them before we can refund the payment you made.

8.3. If you decide to exercise your right of withdrawal, you are obliged within 14 days of sending the notification to Our gardens of withdrawal from your purchase, to send the Products you purchased in the form in which you purchased them to address ***. You may request Our gardens to collect the products from an address specified by you, but in that case the transport costs are at your expense. You have validly exercised your right of withdrawal only if you have returned the products you purchased to Our gardens within the specified period.

8.4. Complaints about an error in the delivered products or regarding the quality of the delivered products are accepted no later than the end of the working day on which the delivery was made (when the delivery was made to a Pick-up Location or was not received personally by you) or at the time of receipt, when the products were delivered to you personally. Complaints are accepted only through the contact and complaints form, accessible through your profile or by email at info@farmhopping.com.

9.1. As a registered user you have the right to publish on the platform information and opinions about the Products and Services offered. You are fully responsible for any information, material or other content that is published by you on the Platform. The content that you publish or share and display (including by posting photos, product reviews and comments) will be visible to all other Users of the Services. By publishing and sharing certain content, you expressly agree that this content will be freely accessible to every other User.

9.2. References to external sites and resources provided by third parties are provided for your information and convenience only. We have no control over the content of these third-party sites and are not responsible for any damage and loss caused by their use. Our Services may not be embedded in other sites, you have no right to create links to anything other than the home page. We reserve the right to revoke linking rights without prior notice.

9.3. You retain all rights, including copyright and intellectual property rights, to any Content that you have published through the Services. By publishing or presenting Content through the Services, you grant Our gardens an unlimited and non-exclusive right to use it in any way to the extent permitted by applicable law. You agree that the rights in the preceding sentence include the right of Our gardens to provide the respective content to third parties that partner with Our gardens.

9.4. By accepting these Terms and Conditions, you expressly agree that you are not owed any remuneration or compensation, whether from Our gardens or a person to whom Our gardens has provided content published by you, in connection with the use of Content that has been published or distributed through the use of the Services.

10.1. Users have no right to use the Services:

• • in a manner that violates applicable national or European law
• • for purposes not eligible under these Terms and Conditions
• • in a way that violates the rights of third parties, including intellectual property rights or privacy
• • to publish or distribute promotional material or to distribute false or misleading information
• • for dissemination of information that violates good morals or affects or may affect the reputation of another User
• • to publish photographs or images of third parties without their consent
• • to promote illegal or criminal activities
• • to gain access to non-User parts of the Platform, Our gardens' servers, equipment and/or computer systems
• • insert viruses, harmful software or malware that knowingly or unknowingly impairs or interferes with the operation of the Platform and the provision of the Services
• • copy, modify or distribute Content posted by other Users without their consent.

Our gardens reserves the right (but has no obligation) to remove or refuse to post Content submitted by a User or to terminate a User's access to the Services. Our gardens also has the right to review, preserve and/or disclose any information as it deems necessary to:

• • comply with applicable law or a mandatory act of a court or governmental authority
• • to enforce these Terms
• • to detect, prevent or otherwise act against fraud or content security or technical problems
• • respond to User inquiries
• • protect the property and rights of Our gardens.

11.1. Our gardens may from time to time organize competitions or provide promotions on its own behalf, on behalf of its Partners or on behalf of third parties. All such initiatives will be subject to separate rules and conditions, which will be expressly provided in connection with the conduct of the respective competition or promotion.

12.1. Personal data provided by a User is collected and processed by Our gardens in accordance with applicable Bulgarian legislation and the Personal Data Protection Terms. Our gardens is registered as a personal data administrator with the Bulgarian Commission for Personal Data Protection.

12.2. Your personal data is collected and processed solely for the purposes of providing the Services and improving them. Access to your personal data may be provided to entities entitled to receive it under applicable legislation, including the competent judicial authorities.

12.3. You have the right of access at any time to your personal data stored by Our gardens as well as the right to correct them. By registering as a User, you provide your personal data voluntarily, but you retain the right to withdraw your consent for data processing at any time.

12.4. For more information regarding Our gardens' policy on the processing and storage of personal data and your rights in this regard, please read Our gardens' Personal Data Protection Terms, which form an integral part of these Terms and Conditions.

13.1. Our gardens has the right to amend these Terms and Conditions, in which case the updated version of the terms will be available on the Platform.

13.2. You will receive notice of any change to the Terms and Conditions at the email address you provided at the time of registration. These changes will take effect with respect to you if you do not express your disagreement with them within no more than 7 days of receiving the notice.

13.3. If you do not accept the amendments to the Terms and Conditions that have been proposed to you by Our gardens, you have the right to terminate your registration as a User and to request deletion of your Profile. All amendments to these Terms and Conditions will take effect with respect to you only after you have been notified of them by email and provided that you have not sent a written notice of termination of the website use agreement within the period specified in the notice email, which may not be shorter than 7 (seven) calendar days from its sending.

14.1. The parties expressly agree that electronic messages exchanged between them are sufficient to be signed with a simple electronic signature and the use of an advanced electronic signature or qualified electronic signature is not required.

14.2. Declaration of any provision of these Terms and Conditions as invalid or unenforceable does not affect in any way the validity or enforceability of the remaining provisions.

14.3. All intellectual property rights in the content of the Platform, including but not limited to trade names, trademarks, logos, signs, industrial design and works protected by copyright, whether registered or not, remain the sole and exclusive property of Our gardens, and these Terms and Conditions should not be construed as a transfer or licensing of these rights. In the absence of prior written consent of Our gardens to the contrary, the User may use the content of the Platform only for personal and non-commercial purposes, and in accordance with the provisions of these Terms and Conditions.

14.4. These Terms and Conditions and all purchase-sale agreements are governed by Bulgarian law. All disputes arising from or in connection with these Terms and Conditions or any purchase-sale agreement shall be resolved by the competent Bulgarian courts.

14.5. These Terms and Conditions entered into force on September 25, 2015.