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Terms of use

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

MILOTKA Ltd. is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 206293003, address: Sofia, 126 Tintyava Str., Entr. A, fl. 5, apt. 15, e-mail address: info@milotka.com, telephone: +35924393553.

Please read the published General Terms and Conditions in full before using the information and commercial services offered on the site (called „services“ for short).

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

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

By accepting the General Terms and Conditions, the User agrees to the processing of his/her personal data on the basis of the contract concluded between him/her 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 which are not intended for the performance of 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 settlement of disputes, complaint form and any other legally relevant information available on the site.

Personal data – information about a natural person that reveals his/her physical, psychological, mental, family, economic, cultural or social identity.

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

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

Procedure for alternative settlement of user disputes – a procedure for out-of-court settlement of user disputes, meeting the requirements of this law and carried out by a body for alternative settlement of user disputes.

Services provided

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

Order

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

2.1.  The sales contract is considered concluded from the moment of confirmation of the order by the Merchant.

  1. In the absence of stock of a product, the Merchant reserves the right to refuse the order.
  • After selecting one or more goods offered on the Merchant’s website, the User must add them to his list of goods for purchasing.
  • It is necessary for the User 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 interface of the site.
  • When placing an order, the User receives an e-mail confirmation that the 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 the User as incorrect in cases where:
  • there is a non-compliance by the User with the General Terms and Conditions;
  • an incorrect, arrogant or rude attitude towards the representatives of the Merchant has been established;
  • systematic abuses by the User against the Merchant have been established.

Prices

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

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

  1. The Merchant reserves the right to change at any time and without notice the prices of the goods offered on the site, 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 set by the Merchant. The rules applicable to such discounts are available where the discount is shown. Discounts can be provided in various forms (eg 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 User 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 applied to the product and only the amount actually paid is refundable.
  2. The User can pay the price of the ordered goods by credit/debit card or cash on delivery. If the User chooses cash on delivery, he must pay the price of the ordered items together with the price for delivery to the courier upon receipt of the goods.
  3. If the User chooses a method of payment 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 shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function due to reasons that cannot be attributed to the Merchant.

Cancellation of the contract and replacement

  1. The User has no right of refusal according to art. 57 of CPA in connection with art. 16 of Directive № 2011/83/EU of the EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25.10.2011, for delivery of sealed goods, which are unsealed after their delivery and cannot be returned due to hygiene or health protection considerations.

Guarantees and claims

  1. The User has the right to claim for any discrepancy of the goods with the agreed / ordered, when after delivery discrepancies are found with the sales contract, according to current legislation.
  1. The merchant is not responsible for color differences due to natural differences in color reproduction from different monitor models.
  2. The complaint is submitted orally, on the phone number indicated by the Merchant or in writing, via the specified email, by mail or submitted to the address of the company. The merchant submits access to a complaint form on his website.
  3. When submitting a complaint, the User must attach the bill of lading received from the supplier.
  4. Complaints about consumer goods can be filed within seven days from the delivery of the goods, but not later than three days from the establishment of non-compliance with the agreed in the sales contract.
  5. The merchant maintains a register of claims. A document is sent to the User on the e-mail specified by him/her, in which the number of the claim from the register and the type of the goods are indicated.
  6. When the Merchant satisfies the claim, it issues an act to that effect, which is drawn up in two copies, and has the obligation to provide one copy to the User.
  7. The User may not 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.
  8. The User may not claim cancellation of the contract if the non-compliance of the consumer goods with the contract is insignificant.

Intellectual Property

  1. The intellectual property rights over 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 person who has transferred the right to use to the Merchant, and may not be used in violation of applicable law.
  2. In case of copying or reproducing information beyond the permissible, as well as in case of any other violation of the intellectual property rights over the resources of the Merchant, the Merchant has the right to claim compensation for the suffered direct and indirect damages.
  3. Unless 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 take due care to provide the User with normal access to the services provided.
  5. The trader reserves the right to suspend 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 website.

Termination and cancellation of the contract

  1. The Merchant has the right at its discretion, without giving notice to terminate the contract unilaterally, if it finds that the services provided are used in violation of these Terms and Conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.
  2. Except in the cases provided for in these General Terms and Conditions, the contract between the parties is terminated upon termination of the Merchant’s activity or termination of the maintenance of its website.
  1. In addition to the above cases, either party may terminate this contract by giving one week’s notice to the other party in the event of failure to fulfill its obligations under the contract.
  2. The written form of the contract is considered complied with by sending an e-mail, clicking an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the website and the like, in so far 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 of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory rules of law or established practice.

Amendment to the general 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 is the explicit consent of the User 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.