I. SUBJECT

Art. 1. (1) These general terms and conditions are intended to regulate the relations between “Excellence Fuel” OOD, with UIC 207040630 with registration address: Trud village,: p.k. 4199 "Gerena" area, PI 73242.65.34 No. Warehouse 2, hereinafter referred to as SUPPLIER, and the clients, hereinafter referred to as USERS, of the e-commerce platform XFuel.bg, hereinafter referred to as "XFuel.bg".

II. DATA ABOUT THE SUPPLIER

Art. 2. (1) Information pursuant to the Electronic Commerce Act and the Consumer Protection Act regarding the Supplier:1. Name of the Supplier: “Excellence Fuel” Ltd.

2. Head office and address of management: Bulgaria, Trud village, : p.k. 4199 "Gerena" locality, PI 73242.65.34 No. Warehouse 2. 3. Address for exercising the activity and address for submitting complaints by consumers: Bulgaria, Trud village, : p.k. 4199 "Gerena" locality, PI 73242.65.34 No. Warehouse 2.

4. Correspondence details: Bulgaria, Trud village, : p.k. 4199 "Gerena" locality, PI 73242.65.34 No. Warehouse 2, office@xfuel.bg, mobile phone 

5. Entry in public registers: UIC 207040630. 

6. Number and date of certificate of registration of a facility for production, processing and/or distribution of food in the Bulgarian Food Safety Authority:

7. Registration under the Value Added Tax Act No. BG 207040630

(2) Supervisory authorities:

1. Personal Data Protection Commission

Address: Sofia, 2 Prof. Tsvetan Lazarov St.,

tel.: (02) 940 20 46, fax: (02) 940 36 40

e-mail: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

2. Consumer Protection Commission

Address: 1000 Sofia, 4A Slaveykov Sq., fl. 3, 4 and 6,

tel.: 02 / 980 25 24, fax: 02 / 988 42 18

Hotline: 0700 111 22

Website: www.kzp.bg

III. PLATFORM CHARACTERISTICS

Art. 3. XFuel.bg is an e-commerce platform, accessible at the Internet address https://www.XFuel.bg/, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

1. To register and create a profile to browse the Supplier's e-shop and use additional services for providing information;

2. To review the goods, their characteristics, prices and delivery terms;

3. To conclude contracts for the purchase and sale and delivery of the goods offered by the XFuel.bg platform;

4. To make any payments in connection with the concluded contracts through the XFuel.bg platform electronic means of payment.

5. To receive information about new goods offered by the Supplier on the XFuel.bg platform;

6. To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the XFuel.bg platform through the interface of the XFuel.bg page, accessible on the Internet;

7. To be notified of the rights arising from the law, primarily through the interface of the XFuel.bg platform on the Internet;

8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier on the XFuel.bg platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase and sale of goods with the Supplier on the XFuel.bg platform, at the address https://www.XFuel.bg/. The contract is concluded in Bulgarian and is stored in the Supplier’s database on the platform.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier on the XFuel.bg platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in entering information no later than sending the statement for the conclusion of the contract with the Supplier on the XFuel.bg platform.

(3) Users pay the Supplier of the XFuel.bg platform a fee for the delivered goods, in accordance with the terms and conditions set out in the XFuel.bg platform and these general terms and conditions. The fee is in the amount of the price announced on the XFuel.bg platform.

Art. 6. (1) The User and the Supplier on the XFuel.bg platform agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site have been made by the persons specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

IV. REGISTRATION FOR USE OF XFUEL.BG

Art. 7. (1) In order to use XFuel.bg to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him, by which he is deemed to have accepted these general terms and conditions.

(2) The name and password for remote access are determined by the User by completing an online registration on the Provider's website on the XFuel.bg platform, in accordance with the procedure specified therein.

(3) When filling in his registration data by clicking on the "Register" buttons or by clicking on the login button via Facebook or Google, the User must also declare that he is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User. An account is created for the User and contractual relations arise between him and the Provider.

(5) When registering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his/her registration in the event of a change.

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 8. Users use the interface of the Supplier's page on the XFuel.bg platform to conclude purchase and sale agreements for the goods offered by the Supplier.

Art. 9. Users conclude the purchase and sale agreement for the goods on the XFuel.bg platform according to the following procedure:

1. Registration on the XFuel.bg platform and provision of the necessary data, if the User has not yet registered on the XFuel.bg platform;

2. Logging into the ordering system on the XFuel.bg platform by identifying with a name and password or in one of the possible ways (Facebook or Google);

3. Selecting one or more of the goods offered by the Supplier on the XFuel.bg platform and adding them to a list of goods for purchase;

4. Providing data for making the delivery: delivery address; two names, email and phone number of a contact person.

5. Selecting a day and time range for making the delivery;

6. Selecting a method and time for paying the price;

7. Confirmation of the order.

VI. CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier and the Users shall conclude separate contracts for the purchase and sale of the goods ordered by the Users, regardless of whether they are selected with one electronic statement and from one list of goods for purchase.

(2) The Supplier may organize together and simultaneously the delivery of the goods ordered with the separate purchase and sale contracts.

(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the purchase and sale contracts of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract of a certain good does not affect the purchase and sale contracts of other goods delivered to the consumer.

(4) In the event that the User is not at the address specified in the request in the time slot that he has indicated, he must notify the Supplier of this by phone or email no later than 2 hours before the specified delivery slot, otherwise the Supplier, if it is necessary to return the goods to the warehouse, reserves the right at its discretion to make a repeat delivery to the User's address at a time convenient for him considering the workload.

(5) The User owes the cost of delivery and other related costs, if any, in the following cases:

1. The Customer is not at the address specified when making the request in the delivery slot chosen by him, without having informed the Supplier in advance of this in accordance with para. 3 and a repeat delivery is made to the address specified in the request after the order has been returned to the Supplier's warehouse;

2. If the re-delivery is carried out on a specifically specified day and time by the User, outside the Supplier's workload and schedule and its assessment of the delivery time.

(6) The User agrees that with regard to fresh food and fruit that are sold in bulk, there may be a difference in volume in the delivered quantity compared to what was ordered by the User. The same applies to goods in vacuum packaging, for which there is no exact weight.

(7) The Supplier has the right, at its discretion, to refuse to fulfill an order from the User, of which the Supplier shall notify the User within a reasonable period of time, without being obliged to indicate a reason for the refusal.

(8) The Supplier fulfills orders that cover the needs of one household. In the case of orders with larger quantities of products, the Supplier has the right to refuse to fulfill an order from the User.

(9) The User has the right to refuse a received delivery of goods from the Supplier within 1 hour from the moment of delivery to the User, and the latter is obliged to store the received goods in accordance with the storage requirements specified on their packaging and not to violate the integrity of the packaging in any way until they are handed over to a person specified by the Supplier.

Art. 11. When exercising the rights under the purchase and sale contract, the User is obliged to accurately and unambiguously indicate the contract and the goods in respect of which he exercises the rights.

Art. 12. The User may pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW

Art. 13. The rules of this Section VII of these general terms and conditions apply only to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration on XFuel.bg, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the XFuel.bg platform are defined in the profile of each product on the XFuel.bg platform.

(2) The price of the goods, including all taxes and fees, is determined by the Supplier in the profile of each product on the XFuel.bg platform.

(3) Each promotional product is marked with a special sign. The duration of the promotions is determined by the Supplier for each individual promotion, starting from the day specified in the price reduction announcement and valid until the date specified therein or until the quantities are exhausted, but for a period not longer than one month and not shorter than one business day.

(4) The value of the transport costs not included in the price of the goods is determined by the Supplier on the XFuel.bg platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract.

(5) The methods of payment, delivery and performance of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms on the XFuel.bg platform.

(6) The information provided to the Users under this Article is current at the time of its visualization on the XFuel.bg platform before the conclusion of the purchase and sale contract.

(7) The Users agree that all information required by the Consumer Protection Act may be provided through the interface of the XFuel.bg platform or by e-mail.

Art. 15. (1) The User agrees that the Supplier on the XFuel.bg platform has the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.

(2) The User independently chooses whether to pay the Supplier on the XFuel.bg platform the price for the delivery of the goods before or at the time of their delivery.

(3) In the event that the value of the User's order is equal to or exceeds 10,000 BGN, payment shall be made only by transfer or deposit to the Supplier's payment account.

Art. 16. (1) With regard to goods that are not consumable and fall within the scope of the Consumer Protection Act in the part of distance contracts, the Consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier, using the unified form for withdrawal from the contract, available on the Supplier's website on the XFuel.bg platform in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available in Appendix No. 2 to these general terms and conditions. For all other consumable goods, the consumer has the right to withdraw within 1 hour from the moment of delivery of the goods to the consumer, in case the original packaging and integrity of the goods are not damaged.

(2) The right of withdrawal under para. 1 does not apply in the following cases:

1. for the delivery of goods made to order by the consumer or according to his individual requirements;

2. for the supply of goods which, by their nature, may deteriorate in quality or have a short shelf life;

3. for the supply of sealed goods which are unsealed after delivery and cannot be returned for reasons of hygiene or health protection;

4. for the supply of goods which, after delivery, and by their nature, have become mixed with other goods from which they cannot be separated;

5. for the supply of sealed sound or video recordings or sealed computer software which are unsealed after delivery;

6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

(3) When the provider on the XFuel.bg platform has not fulfilled its obligations to provide information, as defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, the same starts to run from the date of its provision. The User has the right to send the statement of withdrawal under this article directly to the Provider through the unified form for withdrawal from the contract, available on the Provider's website on the XFuel.bg platform at the address Appendix No. 1 to these general terms and conditions, when this refers to goods that have not been used and fall within the scope of the Consumer Protection Act in the part of distance contracts.

(4) Where the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all amounts received from the Consumer, including the costs of delivery, without undue delay and not later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the contract. The Supplier shall reimburse the amounts received using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to use another means of payment and provided that this does not involve any costs for the Consumer.

(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be refunded under paragraph 4, except in cases where the Consumer organises the return of the goods himself and at his own expense. The Supplier is not obliged to reimburse the additional costs of delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.

(6) The Consumer undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1.

(7) The Consumer may exercise his right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard form for withdrawal from the contract, available at the address in Appendix No. 1 to these general terms and conditions.

(8) Where the Supplier on the XFuel.bg platform has not offered to collect the goods himself, he may withhold payment of the amounts to the Consumer until he receives the goods or until the Consumer provides proof that he has sent the goods back, depending on which of the two happened earlier.

Art. 17. (1) The delivery time of the goods is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website on the XFuel.bg platform, and the goods can be delivered in a time slot selected by the User.

(2) If the Supplier on the XFuel.bg platform cannot fulfill the contract due to not having the ordered goods, it applies one of its methods published on the XFuel.bg platform and in accordance with Art. 22 below, after receiving explicit consent from the consumer.

Art. 18. In the event of concluding a contract for the sale of goods containing alcohol and when ordering alcoholic beverages, the User declares that he has reached the age of 18.

VIII. EXECUTION OF THE CONTRACT

Art. 19. (1) The Supplier fulfills orders within the terms and at prices in accordance with its delivery policy, available on the XFuel.bg platform.

(2) The Supplier on the XFuel.bg platform may organize the delivery and handover of the goods to the User by a relevant courier within the period specified when concluding the contract.

(3) If the period under para. 1 is not explicitly agreed upon between the parties when concluding the contract, the Supplier shall organize the delivery and handover within a reasonable period. If the Supplier fails to organize the delivery within the specified period, the Supplier shall notify the User in advance.

(4) If the User is not present at the specified delivery address within the time range chosen by him:

1. The Supplier shall deliver at another time convenient for the Supplier, and the User shall additionally pay the delivery fee and all other costs related to the initial order, if any;

2. If the User specifies a later delivery day, the Supplier shall not guarantee the excellent quality of the fresh products.

(5) If the User cancels an order that was paid for via an online payment method and if the order is cancelled before its execution has begun, the entire amount of the order shall be refunded by the Supplier.

Art. 20. (1) The User shall inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the XFuel.bg platform.

(2) If the User does not notify the Supplier on the XFuel.bg platform in accordance with para. 1 the goods are considered approved as meeting the requirements, except for hidden defects.

Art. 21. The Supplier on the XFuel.bg platform is not obliged to provide service for the goods.

Art. 22. (1) The Supplier applies its policy for replacing goods, published on the XFuel.bg platform.

(2) In case the User, when placing the order, has indicated that he agrees to the replacement of missing products at the discretion of the Supplier, in case of missing products and the availability of replacement products in the Supplier's warehouse, he selects replacement products suitable in type, quality and price and includes them in the user's order.

(3) If the Supplier on the XFuel.bg platform cannot fulfill the contract due to not having the ordered goods, it is obliged to notify the User thereof and in case the cash on delivery payment method is selected, the value of the missing products will be deducted from the final price of the order.

(4) If the Supplier on the XFuel.bg platform cannot fulfill the contract due to not having the ordered goods, it is obliged to notify the User thereof and in case the orders were paid online when placing them, the Supplier offers the User one of the following two options: to provide him with a promo code for a discount for the value of the missing products or to refund the corresponding amount to the bank account specified by him. In the absence of an explicit statement by the User about the option chosen by him and failure to specify a bank account, the Supplier provides a promo code that the User can use for the next order.

Art. 23. (1) For cases not regulated in this section, the rules for commercial sales set out in the Commerce Act, the Food Act and the Consumer Protection Act shall apply.

IX. PROTECTION OF PERSONAL DATA

Art. 24. (1) The Provider takes measures to protect the User's personal data in accordance with Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) and Personal Data Protection Act. The Provider processes the personal data of Users on the basis of Art. 6, para. 1, b. "b" of the GDPR - the processing is necessary for the performance of a contract to which the data subject is a party or on the basis of Art. 6, para. 1, b. "a" of the GDPR - on the basis of the consent expressly provided by the User.

(2) The Provider has published information on the personal data processed and the purposes for which they are processed, as well as all information required under Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the freedom to movement of such data and repealing Directive 95/46/EC (GDPR) in the Privacy Policy, which is an integral part of the General Terms and Conditions.

(3) For security reasons for the personal data of the Users, the Provider on the XFuel.bg platform will send the data only to the e-mail address that was specified by the Users at the time of registration.

(4) The Provider on the XFuel.bg platform has the right to store data on the User's terminal communication device, unless the latter explicitly expresses his disagreement thereto.

(5) The Provider processes the User's personal data for direct marketing purposes only with the User's express consent, which the User may withdraw at any time.

(6) The User agrees that the Provider may send emails and electronic messages regarding the provision of services, improvements to functionality, promotional messages for the specific User and others related to the execution of the contract.

Art. 25. (1) At any time, the Provider on the XFuel.bg platform has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider of the XFuel.bg platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: https://www.XFuel.bg/login > forgotten password.

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 26. (1) These general terms and conditions may be amended by the Provider of the XFuel.bg platform, of which the latter will notify all registered Users in an appropriate manner.

(2) The Provider on the XFuel.bg platform and the User agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:

1. after explicit notification by the Provider on the XFuel.bg platform and if the User does not declare within the 14-day period provided to him that he rejects them; or

2. after their publication on the Provider's website on the XFuel.bg platform and if the User does not declare within 14 days of their publication that he rejects them; or

3. with their explicit acceptance by the User through his profile on the Provider's website on the XFuel.bg platform.

(3) The User agrees that all statements of the Provider on the XFuel.bg platform, in connection with the amendment of these general terms and conditions, will be sent to the e-mail address specified by the User upon registration. The User agrees that the e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.

Art. 27. The Provider publishes these general terms and conditions at https://www.XFuel.bg/terms together with all additions and amendments thereto.

XI. TERMINATION

Art. 28. These general terms and conditions and the User’s contract with the Provider on the XFuel.bg platform shall be terminated in the following cases:

1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

2. by mutual consent of the parties in writing;

3. in the event of objective impossibility of any of the parties to the contract to fulfill its obligations;

4. in the event of seizure or sealing of the equipment by state authorities;

5. in the event of deletion of the User's registration on the XFuel.bg platform. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

Art. 29. The Supplier has the right at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract in the event that it establishes that the User uses the XFuel.bg platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practices in e-commerce.

XII. LIABILITY

Art. 30. The User undertakes to indemnify and hold harmless the Provider on the XFuel.bg platform from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights to intellectual or industrial property, (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the presence or absence of the status of a consumer within the meaning of the Consumer Protection Act.

Art. 31. The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities that objectively impede the performance of the contract.

Art. 32. (1) The Provider is not liable for damages caused by the User to third parties.

(2) The Provider is not liable for material or non-material damages, expressed in lost profits or damages suffered by the User in the process of using or not using XFuel.bg and concluding purchase and sale contracts with the Provider.

(3) The Provider is not liable for the time during which the platform was not accessible due to force majeure or other objective circumstances over which the Provider has no control.(4) The Provider is not liable for damages from comments, opinions and publications under the products, news and articles on the XFuel.bg platform.

Art. 33. (1) The Provider shall not be liable in the event of overcoming the security measures of the technical equipment and resulting in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider shall not be liable in the event of concluding a purchase and sale contract, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as the User, if the circumstances indicate that this person is the User.

XIII. OTHER CONDITIONS

Art. 34. (1) The User and the Supplier on the XFuel.bg platform undertake to protect each other's rights and legitimate interests, as well as to keep their trade secrets that have become known to them in the process of performing the contract and these general terms and conditions.

(2) The User and the Supplier undertake during and after the expiration of the contract period not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public.

Art. 35. In the event of a conflict between these general terms and conditions and agreements in a special contract between the Supplier on the XFuel.bg platform and the User, the clauses of the special contract shall prevail.

Art. 36. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 37. (1) For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

(2) The User has the right to refer all disputes with the Provider regarding the implementation of this contract to the platform for alternative dispute resolution (ADR) out-of-court, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In the event of failure to reach an agreement to resolve the dispute out-of-court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Consumer Protection Commission.

Art. 38. Art. 38. These general terms and conditions shall enter into force for all Users on 01.10.2024.

The General Terms and Conditions were last amended on 01.10.2024.