General terms and conditions

Website Terms of Use http://milotka.com

These General Terms and Conditions govern the relationship between MILOTKA EOOD, hereinafter referred to as the "Merchant", on the one hand, and the Users of websites and services located on the website http://milotka.com, hereinafter referred to as the "Users", on the other.

MILOTKA EOOD is a company registered under the Commercial Code of the Republic of Bulgaria with UIC 206293003, address: Sofia, 126 Tintyava Str., entrance A, floor 5, apt. 15, email address: info@milotka.com, phone: +35924393553.

Please read the published Terms and Conditions in full before using the information and commercial services offered on the site (hereinafter referred to as services).

This document contains information about the activities of MILOTKA EOOD and the General Terms and Conditions for using the services provided by MILOTKA EOOD, regulating the relations between us and each of our users.

Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the Consumer and the Merchant.

By accepting the General Terms and Conditions, the User agrees to the processing of his personal data on the basis of the contract concluded between him and the Merchant.

Definitions

For the purposes of these General Terms and Conditions, the following terms shall be understood as follows:

Website – http://milotka.com and all its subpages.

User – any natural person who acquires goods or uses services that are not intended for the performance of a commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside the scope of his commercial or professional activity.

General terms and conditions – these General Terms and Conditions, which include terms of use, cookies, delivery, voluntary dispute resolution, complaint form and any other legally significant information found on the site.

Personal data – information about an individual that reveals their physical, psychological, mental, family, economic, cultural or social identity.

Goods – movable tangible property, with the exception of property sold in execution or through other measures by bodies authorized by law, as well as property abandoned or confiscated in favor of the state, announced for sale by state bodies.

Sales contract – a contract under which the Trader transfers or undertakes to transfer ownership of goods to the Consumer, and the Consumer pays or undertakes to pay the price for them, including contracts having as their subject both goods and services.

Procedure for alternative resolution of consumer disputes – a procedure for out-of-court resolution of consumer disputes, meeting the requirements of this law and carried out by an alternative consumer dispute resolution body.

Services provided

  1. On the site, Users have the opportunity to conclude purchase and sale contracts for the goods offered by the Merchant.

Order

  1. Users use the website interface to enter into contracts with the Merchant for the goods offered.

2.1. The contract for the purchase and sale of goods is considered concluded from the moment of confirmation of the order by the Merchant.

2.2. In the event of a lack of availability of a given product, the Merchant reserves the right to refuse the order.

2.3. After selecting one or more goods offered on the Merchant's website, the User must add them to his list of goods for purchase.

2.4. The User is required to provide data for the delivery and to choose the method and time of payment of the price, then to confirm the order through the site interface.

2.5. When placing an order, the User receives confirmation by email that his order has been accepted.

  1. The Merchant has the right to refuse to conclude a contract with an incorrect User.

3.1. The Merchant has the right to treat a User as incorrect in cases where:

  1. there is a failure by the User to comply with the General Terms and Conditions;
  2. Incorrect, arrogant or rude attitude towards the Merchant's representatives has been established;
  3. Systematic abuses by the Consumer towards the Merchant have been identified.

Prices

  1. The prices of the goods offered are those indicated on the Merchant's website at the time of placing an order, except in cases of obvious error.

4.1. The prices of the goods include VAT, in cases where its charging is provided for.

  1. The merchant reserves the right to change the prices of the goods offered on the site at any time and without prior notice, and such changes will not affect orders already placed.
  2. The Merchant may provide discounts for the goods offered on the site, in accordance with Bulgarian law and rules determined by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or customer survey).

6.1. Different types of discounts cannot be combined when ordering and purchasing the same product.

Payment

  1. When the Consumer returns a product, with the right to a refund of the amount paid, for any reason, the price subject to refund is reduced by the value of the discount received, applied to the product, and only the amount actually paid is subject to refund.
  2. The user can pay the price of the ordered goods through the following methods:
    • with a credit or debit card
    • cash on delivery
    If the User chooses the cash on delivery payment option, he must pay the price of the ordered items together with the courier delivery fee upon receipt of the goods.
  3. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.
  4. The Merchant is not liable if a payment method involving a third party payment service provider is unavailable or otherwise malfunctions for reasons beyond the Merchant's control.

Cancellation of the contract and replacement

  1. The consumer does not have the right to refuse under Article 57 of the Consumer Protection Act in connection with Article 16 of Directive 2011/83/EU of the EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25.10.2011, for the delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons related to hygiene or health protection.

Warranties and complaints

  1. The consumer has the right to complain about any non-conformity of the goods with what was agreed/ordered, when non-conformities with the sales contract are discovered after delivery, in accordance with current legislation.
  2. The merchant is not responsible for any color differences due to natural differences in color reproduction between different monitor models.
  3. The complaint is submitted orally, to the telephone number specified by the Merchant or in writing, via the specified email, by post or submitted to the company's address. The Merchant provides access to a complaint form on its website.
  4. When submitting a complaint, the User must attach the bill of lading received from the supplier.
  5. A complaint about a consumer good can be filed within seven days of the delivery of the good, but no later than three days from the discovery of the non-conformity with the agreement.
  6. The trader maintains a register of complaints. The consumer is sent a document to the email address provided by the consumer, which contains the complaint number from the register and the type of goods.
  7. When the Trader satisfies the complaint, he issues a certificate to this effect, which is drawn up in two copies, and must provide one copy to the Consumer.
  8. The consumer cannot claim a refund of the amount paid or a reduction in the price of the goods when the Merchant agrees to replace the consumer goods with a new one.
  9. The consumer cannot claim termination of the contract if the non-conformity of the consumer good with the contract is insignificant.

Intellectual property

  1. The intellectual property rights to all materials and resources located on the Merchant's website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or to the respective designated person who has transferred the right of use to the Merchant, and may not be used in violation of applicable law.
  2. In case of copying or reproduction of information outside the permissible limits, as well as in case of any other violation of intellectual property rights on the Merchant's resources, the Merchant has the right to claim compensation for the direct and indirect damages suffered in full.
  3. Except in cases where it is expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Merchant's website.
  4. The Merchant undertakes to exercise due care to ensure that the User has normal access to the services provided.
  5. The Merchant reserves the right to terminate access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its site.

Termination and cancellation of the contract

  1. The merchant has the right, at its own discretion, without prior notice, to unilaterally terminate the contract if it establishes that the services provided are used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria and generally accepted moral standards.
  2. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon cessation of the Merchant's activities or termination of the maintenance of its website.
  3. Outside of the cases specified above, either party may terminate this contract by giving one week's notice to the other party in the event of non-fulfillment of the obligations under the contract.
  4. The written form of the contract is considered to be complied with by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the User, or marking a field (check box) on the website, etc. similar, as long as the statement is technically recorded in a way that allows it to be reproduced.

Rescue clause

  1. The parties declare that, in the event that any of the clauses under these General Terms and Conditions prove to be invalid, this shall not entail the invalidity of the entire contract or its other parts. The invalid clause shall be replaced by the mandatory provisions of the law or established practice.

Amendment of the general terms and conditions

  1. Milotka Ltd. reserves the right to change or supplement the General Terms and Conditions unilaterally without notifying the User. Any use of this site constitutes the User's express consent to the changes made.

Applicable law

  1. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not regulated by these General Terms and Conditions.