POOL & WINTER HOLIDAYS
I. GENERAL PROVISIONS
1. This document contains General Terms and Conditions under which the TRADER provides services to its users/clients through the Online Store www.mamamatekids.com. These terms and conditions are binding on all users. By clicking the " Complete Order " button, the user/client agrees, fully accepts and undertakes to comply with these General Terms and Conditions.
2. Identification of the user/client for the purpose of reproducing his/her statement of acceptance of the General Terms and Conditions and the order placed is carried out through the log files stored on the server of /site name/, storage of the IP address of the user/client, as well as any other information.
3. The products found on the website www.mamamatekids.com do not constitute a legally binding offer, but rather a demonstrative online catalog describing the merchant's product line.
4. After clicking the "Complete order" button, users agree to purchase the goods in the cart. This action has a legally binding force. The customer receives a confirmation of the order and upon receipt of this confirmation, the contract is considered to be concluded. When sending the order or upon confirmation, a contract is concluded.
5. The MERCHANT reserves the right to refuse delivery of a confirmed order in the event that the goods are not available. In the event of a lack of stock of the requested goods, within the working week the MERCHANT shall notify the user/client of its exhaustion by sending a message to the e-mail address specified by the Client or to the specified telephone number. In the event that a transfer has been made to the merchant's account, the client will be able to choose between a refund, cancellation of the order or through a replacement order.
6. The contractual language is Bulgarian, and payments will be made in Bulgarian levs including VAT.
II. DELIVERY
7. The consumer/customer bears the entire risk of damage/loss of the goods during delivery. Immediately after handing over the goods to the courier, the TRADER is released from the risk, which is transferred to the consumer/customer. The TRADER is not responsible for any delay in the event that the delay is due to the courier or other supplier.
8. Immediately after delivery, the goods should be carefully examined by the consumer/client or a person authorized by him. Any damage, impacts and other damages should be reported immediately to the TRADER. In the event that damage is found to have occurred during the transportation of the goods, the TRADER is not responsible for the warranty service of this product. In cases where the TRADER has specified in writing a specific date and time for delivery, the statement has binding force. If an incorrect or incorrect address, contact person and/or telephone number is specified when submitting the order, the TRADER is not bound by any obligation to fulfill the order.
8a. Upon delivery of the goods, the consumer/client or a third party signs the accompanying documents. A third party is considered anyone who is not the holder of the application, but accepts the goods for delivery and is at the address specified by the client.
In case of refusal to receive the goods, except in the cases described below, the refusal is considered unfounded and the Customer is liable to pay the costs of delivery and return of the goods. In the event that the Customer is not found within the delivery period at the specified address or access and conditions for delivery of the goods are not provided within this period, the TRADER is released from its obligation to deliver the goods requested for purchase.
8b. When the delivered goods clearly do not correspond to the goods requested for purchase by the Customer and this can be established through a simple inspection,
The customer may request that the goods delivered to him be replaced with one corresponding to the purchase application made by him within 24 hours of receiving it.
III. WARRANTY PERIODS
The TRADER offers a warranty document to its customers for a given purchased item, if such a document is provided by the manufacturer of the item. The document describes: address and telephone number of the authorized service centers of the purchased item warranty conditions of the respective service centers or manufacturers warranty period of the item purchased by the consumer/customer.
IV. PRICES
9. The prices indicated on the site do not include packaging and transportation. In case the goods are sent outside the territory of the Republic of Bulgaria, the consumer/client must pay all customs and other fees related to the export.
V. RIGHTS AND OBLIGATIONS OF THE USER/CLIENT
10. The user/client has the opportunity to view and /after registration/ order the advertised goods on the Online Store www.mamamatekids.com .
11. The user/client has the right to be informed about the status of their order.
12. The user/client is fully responsible for the protection of his/her username and password, as well as for all actions performed by him/her or a third party using the username and password. The user is obliged to immediately notify the MERCHANT of any case of unauthorized access using his/her username and password, as well as whenever there is a danger of such use.
13. The user is obliged to pay the price of his order according to the method announced on the page. www.mamamatekids.com .
14. Every user, regardless of whether he is a client of the MERCHANT, is obliged when using the services:
• not to violate and to respect the fundamental rights and freedoms of citizens and human rights, in accordance with the Constitution and laws of the Republic of Bulgaria and recognized international instruments;
• not to harm the good name of another person and not to call for a violent change of the constitutionally established order, for committing a crime, for violence against the person or for inciting racial, national, ethnic or religious enmity;
• not to violate other people's property or non-property, absolute or relative rights and interests, such as property rights, intellectual property rights, etc.;
• to comply with Bulgarian legislation, applicable foreign laws, the rules of morality and good manners and Internet ethics when using the services provided by www.mamamatekids.com services;
• to immediately notify the MERCHANT of any case of committed or discovered violation when using the services provided;
• not to upload, send, transmit, distribute or use in any way and not to make available to third parties software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems ("Trojan horses"), computer codes, or materials designed to interrupt, hinder, disrupt or limit the normal functioning of computer hardware or software or telecommunications facilities or aimed at unauthorized penetration or access to foreign resources or software;
• not to commit malicious acts;
• to compensate the TRADER and all third parties for all damages suffered and lost profits, including any costs and paid attorney's fees, resulting from claims filed by and/or compensation paid to third parties in connection with Internet pages, hyperlinks, materials or information that the User has used, placed on the server, sent, distributed, made available to third parties or made available through www.mamamatekids.com in violation of the law, these General Terms and Conditions, Good Manners or Internet ethics;
14a. The customer is obliged to provide an accurate and valid telephone number, delivery address and e-mail address, to pay the price of the goods, to pay the delivery costs when the same is not free of charge and to ensure access and the possibility of receiving the goods. In case it is not explicitly stated that the delivery is free of charge, the same is considered to be paid.
VI. RIGHTS AND OBLIGATIONS OF THE TRADER
15. THE MERCHANT does not have the obligation and the objective ability to control the way in which consumers use the services provided.
16. The MERCHANT has the right, but not the obligation, to retain materials and information located on the server of www.mamamatekids.com .
17. The TRADER has the right at any time, without notifying the User/client, when the latter uses the services in violation of these terms and conditions, as well as at the TRADER's discretion, to terminate, suspend or change the services provided in connection with the use of the site. The TRADER is not liable to users and third parties for damages and lost profits incurred as a result of the termination, suspension, change or limitation of the services, deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded or made available through www.mamamatekids.com .
17a. The TRADER, after receiving payment, is obliged to transfer to the consumer/client the ownership of the goods requested for purchase by him/her, to deliver the goods requested for purchase on time, to check each item for technical condition before it is sent (if this is possible without damaging the integrity of the packaging).
18. The MERCHANT is not liable for any damage caused to software, hardware or telecommunications equipment, or for any loss of data resulting from materials or resources searched, loaded or used in any way through the services provided. The advice, consultations or assistance provided by the MERCHANT's specialists and employees in connection with the use of the services by the users does not give rise to any liability or obligations for the MERCHANT. The Company is not liable for any inaccuracy of the information about the goods specified by the manufacturer.
19 The MERCHANT has the right to collect and use information relating to its Users/customers, regardless of whether they are registered.
20. The information under the previous article may be used by the TRADER, except in the case of explicit disagreement of the User, sent to the following e-mail address mariya@mamamatekids.com. The TRADER collects and uses the information to improve the services offered. All purposes for which the TRADER will use the information will be in accordance with Bulgarian legislation, applicable international acts and good morals.
21. The MERCHANT is not liable for failure to fulfill its obligations under this contract in the event of circumstances that the MERCHANT did not foresee and was not obliged to foresee - including cases of random events, problems in the global Internet network and in the provision of services beyond the control of the MERCHANT.
22. The TRADER has the right to install cookies on the users' computers. Cookies are text files that are saved by the website on the user's hard drive and allow the recovery of information about the user, identifying him and allowing tracking of his actions, the websites he visits, the hyperlinks he uses, the information he uses and records, and others.
VII. PERSONAL DATA
23 The TRADER guarantees to its Users/Clients the confidentiality of the information and personal data provided. The latter will not be used, provided or made known to third parties except in the cases and under the conditions specified in these General Terms and Conditions. The TRADER protects the personal data of the user/client, which became known to him when filling out the electronic form for making a purchase application, and this obligation is waived in the event that the Client has provided false data. In compliance with the applicable legislation and the clauses of these General Terms and Conditions, the TRADER may use the Client's personal data solely and exclusively for the purposes provided for in the contract. Any other purposes for which the data are used will be in accordance with Bulgarian legislation, applicable international acts, Internet ethics, the rules of morality and good manners.
23a The TRADER undertakes not to disclose any personal data about the Client to third parties - state authorities, commercial companies, individuals and others, except in cases where he has received the express written consent of the Client, the information is requested by state authorities or officials who, according to the current legislation, are authorized to request and collect such information. The TRADER is obliged to provide the information by virtue of the law.
VIII. AMENDMENTS
24 The General Terms and Conditions may be changed at any time by the TRADER, who has the right to change the characteristics of the services provided and these General Terms and Conditions and on the basis of changes in the legislation. The TRADER undertakes to notify the User of the changes to the General Terms and Conditions by publishing a notice of their changes in a prominent place on its website and giving a sufficient period to familiarize himself with them. Within the given period, if the User does not declare that he rejects the changes, then he is considered bound by them. In the event that the User declares within the given period that he does not agree with the changes, then the TRADER has the right to immediately suspend or terminate the provision of services to the User.
IX. TERMINOLOGY
25. “User/client” means anyone who has loaded the website /site name/ onto their computer.
26. “Order” means the selected goods and all other attributes related to the method of delivery and payment of the goods by the customer/consumer.
27. The online store /site name/ is the property of the MERCHANT.
28. All disputes between the parties shall be resolved in a spirit of understanding and good will. In the event that no agreement is reached, all unresolved disputes, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or adapt it to newly arising circumstances, shall be resolved by the competent court of registration of the TRADER, in accordance with Bulgarian law.
