Terms and conditions

Terms of Use of the Mamoirs Website.bg

These General Terms and Conditions govern the relationship between Mamoars BG Ltd., hereinafter referred to as the “Trader”, on the one hand, and the users of websites and services located on the mamoirs.bg website, hereinafter referred to as “Users”, on the other.

Mamoars BG Ltd. is a company registered under the Commercial Act of the Republic of Bulgaria with UIC 208494948, with address in Sofia. Sofia, blvd. Cherni Vrah 47A, Vitosha Business Center, fl. 5, email address mamoirsbg@gmail.com, phone +359 xx xxx xxxx.

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

The confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant.

By accepting the General Terms and Conditions, the User agrees to have his personal data processed 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 and conditions shall be understood as follows:

Site – mamoirs.bg and all its subpages.

Consumer – any natural person who acquires goods or uses services that are not intended for the performance of commercial or professional activity, and any natural person who, as a party to a contract under this Act, 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, registration and delivery rules, voluntary dispute resolution, withdrawal and exchange forms and any other legally significant information that is located on the Site.

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

Goods – movable tangible property, with the exception of items sold under enforcement or by other measures by bodies authorized by law, as well as items abandoned or confiscated in favor of the state, announced for sale by state authorities. Goods are also water, gas and electricity, when offered for sale, packaged in a limited volume or in a certain quantity.

Contract of sale – a contract by virtue of which the trader transfers or undertakes to transfer the ownership of goods to the consumer, and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.

Service – any material or intellectual activity that is carried out in an independent way, is intended for another person and is not with the main object of transfer of possession of an item.

Service contract – a contract other than a sales contract, by virtue of which the trader provides or undertakes to provide a service to the consumer, and the consumer pays or undertakes to pay the price for it.

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

Services provided

1. On the Site, Users have the opportunity to conclude contracts for service, purchase and sale of goods, and supply of these services and goods.

1.1. The services offered on the Site are consultations and courses on human health, pregnancy and maternity.

1.1.1 The consultations are general and personalised recommendations related to human health, pregnancy and maternity, as well as answers to specific questions in these areas.

1.1.2. The courses are pre-created training materials in the areas of human health, pregnancy and maternity.

1.2. The services offered on the Site are food supplements that can be purchased on an individual basis or on a subscription basis.

1.3. The services and goods offered by the Merchant through the website are intended for individuals and/or legal entities.

Order

2. Users use the interface of the website to conclude contracts with the Merchant for the goods and services offered.

2.1. The contract for the purchase and sale of goods or services shall be considered concluded from the moment of confirmation of the order by the Merchant.

2.2. In the absence of availability of a certain goods or the inability to perform a certain service, the Merchant reserves the right to refuse the order.

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

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

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

3. 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 unfair in cases where:

1. there is non-compliance by the User with the General Terms and Conditions;
2. an incorrect, arrogant or rude attitude towards the representatives of the Merchant has been established;
3. systematic abuses by the User towards the Merchant have been established.

Subcontractors

4. The User agrees that when ordering goods from the Merchant’s website, the latter may assign the performance of the contract to a third party to deliver the ordered goods to the User. The use of a subcontractor does not require the consent of the User.

4.1. The subcontractors used by the Merchant are not a party to the contract between the Merchant and the Consumer.

Registration and user profile

5. In order to purchase and receive goods and services, Users must register a user profile on the Site.

5.1. Users can only be adults and legally capable natural persons or legal persons.

5.2. In the process of registration, the User is obliged to provide true and up-to-date information. In case of changes in the information provided, the User undertakes to update it in his personal profile on the Site.

5.3. In case of any violation of the General Terms and Conditions and the applicable rules of Bulgarian law, the Merchant may refuse to create the User’s profile, restrict or delete profiles, partially or completely restrict the access of specific persons or groups of persons to the Site or to its individual functionalities, without warning or prior notice.

Prices

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

6.1. Prices of goods include VAT where it is envisaged.

6.2. 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 made.

7. The Merchant may provide discounts for the goods offered on the site in accordance with the Bulgarian legislation and rules set by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (e.g. promotions, loyalty discounts provided individually, randomly, or as a result of participating in a contest or User Survey).

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

7.2. When the User returns goods 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 goods, and only the amount actually paid is subject to refund.

Payment

8. The user can pay the price of the ordered goods using the following methods:

1. Cash on delivery or postal money transfer, according to the terms of the respective third party offering the payment service.
2. Payment by bank or payment card;
3. The merchant reserves the right to establish other payment methods on the website, including through the services of third parties – payment processors, as well as cash payment on the spot at a retail outlet after placing an order.
4. 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, including with regard to the fees due for performing the relevant payment transaction.
5. The user should be explicitly aware of the fact that the use of the services “cash on delivery” and “postal money transfer” of the respective providers of courier and payment services is associated with the payment of additional fees in accordance with the tariff of the respective providers, which fees may not be reflected in the interface of the site when placing an order due to the fact, that they are not included in the price for the delivery of the goods, but are a fee payable for the respective payment services.

Withdrawal from the contract and replacement

12. The User has the right to withdraw from the contract without specifying a reason, without owing compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party, and in the case of a service contract – from the conclusion of the service contract.

12.1. The user has no right to withdraw from the service contract if he has already made a payment under it.

13. In order to exercise his right under this clause, the User must unequivocally notify the Merchant of his decision to withdraw from the contract, individualizing the goods/services he wishes to return, by providing all data about the completed order and delivery, including, but not limited to: content and value of the order, data of the person who placed the order, data of the person, data of the person, accepted the delivery, and delivery date.
14. The trader publishes on its website a form for exercising the right to withdraw from the contract.
15. In order to exercise the right of withdrawal, the Merchant provides the consumer with the opportunity to choose to fill in and send electronically via the website the standard withdrawal form or other unambiguous application. In these cases, the Merchant shall immediately send the User a confirmation of receipt of his/her withdrawal on a durable medium.
16. The User is obliged to return the goods at his own expense together with the receipt and the invoice, if any, by handing them over to the Merchant or to an authorized person within 14 days from the date on which the User has exercised his right to withdraw from the contract.
17. Upon return, the goods must be in their original packaging, without traces of use or violation of the commercial appearance.
18. The merchant has the right to postpone the refund of payments until the goods are received back or until proof that the goods have been sent back, whichever of the two events occurred earlier.
19. In the event that the User fails to fulfill his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement of exercising withdrawal from the contract.
20. When, in connection with the performance of the contract, the Merchant has incurred expenses and the User withdraws from the contract, the Merchant has the right to withhold the corresponding amount for the expenses incurred or to demand their payment.
21. The consumer has no right to withdraw from the contract in the event that the subject of the contract is the delivery of sealed goods that have been unsealed after delivery and cannot be returned for reasons related to hygiene or health protection, such as food supplements and products of any kind intended for human consumption.

21.1. The user has no right to withdraw from the contract even if the subject of the contract is the supply of digital content without a tangible medium.

22. The Merchant shall refund to the User the price paid by him for the returned goods.

22.1. In case the user has made a payment under the contract with a bank card and has exercised his right to withdraw from the contract, the refund is made by ordering a reverse operation on the card with which the payment was made within 7 working days.

Warranties and claims

23. The consumer has the right to make a claim for any non-compliance of the goods or services with the agreed/ordered, when, after delivery, inconsistencies with the sales contract are found.
24. The dealer is not responsible for the color difference due to the natural differences in color reproduction from different monitor models.
25. The trader is not responsible for a size difference of up to 2 cm.
26. The trader is not responsible for the natural wear and tear of the goods.
27. Any non-conformity of the consumer goods with the sales contract that occurs up to 6 months after the delivery of the goods shall be deemed to have existed at the time of delivery, unless it is demonstrated that the lack of conformity is due to the nature of the goods or to the nature of the non-conformity.
28. The consumer may not challenge the conformity of the consumer goods with the contract for its sale when:
29. when concluding the contract, he knew or could not have been unaware of the discrepancy;
30. The discrepancy is due to materials provided by the user.
31. The consumer has the right to make a claim for the good or service, regardless of whether the manufacturer or trader has provided a commercial guarantee for the good or service.
32. When the satisfaction of the claim is made by replacing the goods with another one corresponding to the agreed, the Merchant will retain the original warranty conditions to the user.
33. When filing a claim, the consumer can claim a refund of the amount paid, for replacement of the goods with another one corresponding to the agreed or for a discount from the price.
34. The claim shall be submitted orally to the telephone number specified by the Merchant or in writing through the specified e-mail, by mail or submitted to the address of the company. The merchant provides access to a claim form on its website.
35. When filing a claim, the user indicates the subject of the claim, his/her preferred way of satisfying the claim, respectively the amount claimed, and address, phone number and contact email.
36. When submitting a claim, the consumer must also attach the documents on which the claim is based, namely:
37. receipt or invoice;
38. protocols, acts or other documents establishing the non-compliance of the goods with the agreed;
39. other documents establishing the claim by grounds and amount.
40. A claim for consumer goods can be filed within two years from the delivery of the goods, but not later than two months from the establishment of the non-compliance with the agreed.
41. The time limit shall cease to run during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.
42. If the Trader has provided a commercial guarantee to the goods and the term of the guarantee is longer than the deadlines for filing the claim under Para. 1, the claim may be filed until the expiration of the term of the commercial guarantee.
43. Filing a claim is not an obstacle to filing a claim.
44. The trader maintains a register of the claims made. The User is sent a document to the e-mail specified by him/her, in which the number of the claim from the register and the type of goods are indicated.
45. When the Merchant satisfies the claim, it issues an act for this, which is drawn up in two copies, and provides one copy to the User
46. In case of a well-founded claim, the Trader shall bring the goods in compliance with the sales contract within one month from the date of filing the claim by the User.

41.1. If the goods have not been repaired and after the expiration of the term under the preceding paragraph, the User has the right to terminate the contract and be refunded the amount paid or to request a reduction in the price of the consumer goods under Art. 114 of the CPA.

41.2. Bringing the consumer goods into compliance with the sales contract is free of charge for the User. He does not owe costs for the shipment of consumer goods or for materials and labor related to their repair, and does not suffer significant inconvenience.

42. In case of non-compliance of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the claim, he has the right to choose between one of the following options:

• termination of the contract and refund of the amount paid by him
• price reduction.

43. The consumer may not claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month from the submission of the claim by the consumer.
44. The trader is obliged to satisfy a request for termination of the contract and to refund the amount paid by the consumer, when, after satisfying three claims of the consumer by carrying out repairs of the same goods, within the warranty period, there is a subsequent occurrence of non-compliance of the goods with the sales contract.
45. The consumer cannot claim for termination of the contract if the non-compliance of the consumer goods with the contract is insignificant.

Intellectual Property

46. 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 specified person who has assigned the right of use to the Merchant, and may not be used in violation of the current legislation.
47. In case of copying or reproduction of information beyond the permissible, 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.
48. Except in cases where expressly agreed, the User may not reproduce, change, delete, publish, distribute and otherwise disclose the information resources published on the Merchant’s website.
49. The Merchant undertakes to take due care to provide the User with an opportunity for normal access to the services provided.
50. The Merchant 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.

Liability and Limitation of Liability

51. 51. In case the Merchant is unable to provide the Service within the specified period for reasons for which the Merchant is responsible, then he shall contact the User in advance for further instructions. In this case, the User has the right to withdraw from the Agreement and receive back the amounts paid by him for the Service or to request the provision of the Service within a new period.
52. 52. The Services are designed to assist Users by providing them with general and personalized information in the areas of human health, pregnancy and maternity. The Services are not intended to persuade Users to use the goods offered on the Site. The Services are not intended to persuade Users to follow a diet or methodology, to accept or not to accept certain types of foods or food supplements.
53. The services of the Site are provided by persons with appropriate experience and qualifications. However, the services are not provided by a doctor or a person with a medical education. Users are obliged, regardless of their state of health and the goals pursued, to consult a doctor before proceeding with any changes in their lifestyle.
54. In this regard, the Merchant shall not be liable for damages incurred in connection with or as a consequence of the use of the information received in the form of a Service (consultation).
55. The Merchant is not the manufacturer of the goods offered on the Site. A large part of the goods are produced in premises where animal products, nuts and other allergens are processed. The Merchant is not responsible for damages incurred in connection with the use of the goods offered on the Site.
56. Except in the cases described above, the parties agree that their liability to each other is limited only to direct damages caused by acts of intent and gross negligence. In no event shall either party be liable for indirect, incidental or consequential damages, for non-pecuniary damages, for lost profits, loss of anticipated savings and loss or damage to goodwill, and such liability shall be excluded, regardless of whether such damages were reasonably foreseeable or actually foreseen.
57. 57. The Parties shall not be liable for the impossibility or delay in the performance of their obligations in connection with the Contract, which are caused by an unforeseen or unavoidable event of an extraordinary nature – force majeure. Such an event includes, but is not limited to, civil disturbances, strike, fire, flood, natural disaster, inability to use or deterioration of the quality of electrical or communication networks, signals and routes, legislative or administrative changes, prohibitions or restrictions, etc. The Party invoking force majeure must comprehensively inform the other Party of the event that has occurred and take measures to limit its effects in relation to the Treaty.

Termination and termination of the contract

58. The Merchant has the right, at its own discretion, without prior notice, to terminate the contract unilaterally in case it finds that the services provided are used in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and generally accepted moral norms.
59. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated upon the termination of the Merchant’s activity or termination of the maintenance of its website.
60. Except in the cases mentioned above, either party may terminate this contract by giving one week’s notice to the other party in case of non-fulfillment of obligations under the contract.
61. 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 checking in a field (checkbox) on the website, etc. similar, in so far as the statement is technically recorded in such a way as to enable it to be reproduced.

Rescue Clause

62. The parties declare that in case any of the clauses under these General Terms and Conditions turn out to be invalid, this will not entail the invalidity of the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of law or established practice.

Amendment of the General Terms and Conditions

63. The Merchant undertakes to notify the Users of any amendment to these General Terms and Conditions within 7 days from the occurrence of this circumstance at the email address specified by the User.
64. When he does not agree with the amendments to the General Terms and Conditions, the User has the right to withdraw from the contract without stating a reason and without owing compensation or penalty. In order to exercise this right, the User shall notify the Merchant within one month of receipt of the notification under the previous article.
65. In case the User does not exercise his right to withdraw from the contract in accordance with the procedure regulated in these General Terms and Conditions, it shall be considered that the amendment has been accepted by the User without objection

Governing law

66. For all issues not regulated by these General Terms and Conditions, the provisions of the current legislation of the Republic of Bulgaria shall apply.

Terms of delivery of goods

Delivery of the ordered goods is carried out by courier service by a third party or by own transport.

Delivery is made to the user’s address on the territory of the Republic of Bulgaria or abroad, unless otherwise specified on the site for the specific product/service.

The delivery costs are at the expense of the User, for which circumstance the Merchant must provide sufficient and up-to-date information on the website. The Merchant reserves the right to provide promotional conditions within which to bear the shipping costs at its own expense.

Before sending the ordered goods, the Merchant has the right to contact the User on the phone number specified by him/her in order to specify details of the order and/or delivery.

The Merchant is not responsible for non-execution of an order in cases where the User has indicated false, incomplete and/or inaccurate personal data, including when he has indicated an incomplete, inaccurate or fictitious address or phone number.

Delivery is made within the terms described under each delivery option in the order interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery time by informing the User thereof in a timely manner.

Delivery is made within the terms described under each delivery option in the order interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery time by informing the User thereof in a timely manner.

The Merchant processes the orders within 5 working days from the execution of the order. Delivery is usually made within the usual time limit in practice, according to the method of delivery chosen.

Ordered goods are delivered against signature.

The user is obliged to inspect the goods at the time of their delivery and notify immediately in case of established discrepancies, shortages and damages. If the User fails to do so, it is assumed that the delivery has been accepted without objection.

When making international deliveries, the rules for delivery and receipt of shipments of the relevant national postal service, as well as the relevant national legislation of the country in which the recipient of the goods is located, are applicable.

All import fees when importing the goods are at the expense of the User. The user cannot request a refund if he has refused to pay the import fees or receive the shipment.

The Merchant reserves the right to change the available delivery and payment methods and/or the terms and conditions thereof at any time by posting the available delivery and payment methods on the website without further notice.

Registration and identification

The Merchant identifies the Users of the Site by storing log files on the server of the Site.

The Merchant has the right to collect and use information about the Users on the basis of and for the purposes of the performance of the contract concluded under general terms with the User. The information by which the person can be identified may include personal data specified in the General Terms and Conditions, as well as any other information that the person voluntarily provides when registering. The information also includes any other information that the User enters, uses or provides when using services.

Only persons over 16 years of age can register on the site. Upon registration, the person marks a checkbox declaring that he is at least 16 years old.

The Merchant takes due care and is responsible for the protection of the User’s information that has become known to him on the occasion of registration, except in cases of force majeure, accidental event or malicious actions of third parties.

In the registration form filled in by the User upon registration, the Merchant indicates the mandatory or voluntary nature of the provision of the data and the consequences of refusal to provide them.

The Merchant may disclose personal data to third parties only in the cases provided for by law and in the circumstances provided for by law or after the explicit consent of the Users.

The User may register by filling out the relevant electronic registration form, available in real time (on-line) on the Merchant’s website, to agree to the General Terms and Conditions.

By clicking on the virtual button with the text “Registration” or other similar text having the force of a written confirmation of the General Terms and Conditions, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which he/she declares that he/she is familiar with the General Terms and Conditions, accepts them and undertakes to comply with them. The Merchant may store in log files on its server the IP address of the User, as well as any other information necessary to identify him and reproduce his electronic statement of acceptance of the General Terms and Conditions in the event of a legal dispute. The text of the General Terms and Conditions is available on the Internet on the Merchant’s website in a way that allows its storage and reproduction.

When filling in the application for registration, the User is obliged to provide complete and correct data regarding the identity (for natural persons), legal status (for legal entities) and other data required by the electronic form of the Merchant, as well as to update them within 7 (seven) days of their change. The User declares that he agrees to provide the personal data so requested, whereby he guarantees that the data provided during the registration process are true, complete and accurate and in case of changes to the latter, he will update them in a timely manner. In case of providing false data, the Merchant has the right to terminate or suspend immediately and without notice the provision of services, as well as the maintenance of the User’s registration.

Upon registration, the User receives a unique username, which can be both the email specified by the User and a password for access to the services available through the website.

The user can manage his user profile on the site through his account.

The username with which the User registers does not give him any rights other than those expressly stated in these terms and conditions.

The registrant in his capacity as a representative of a legal entity is obliged to enter his full name and address, respectively. the name of the legal person it represents.

The User is obliged to take all care and take the necessary measures that are reasonably necessary in order to protect his/her password, as well as not to disclose his/her password to third parties and to immediately notify the Merchant in case of unauthorized access, as well as in case of probability and suspicion of such. He bears the responsibility and risk for the protection of his password, as well as for all actions performed by him or by a third party using his password.

Information on Activity Control Authorities

The authorities regulating the activities of the Merchant are the Commission for Consumer Protection (CPC) and the Commission for Personal Data Protection (CPDP), with the following coordinates:

Under the CPC:

• Website: https://kzp.bg/kontakti
• Tel: 0700 111 22
• email: info@kzp.bg
• Address: Sofia. Sofia, sq. Slaveykov, No4A, fl. 3, 4 and 6

About CPDP:

• Website: https://www.cpdp.bg/
• Tel: 02/91-53-518
• email: kzld@cpdp.bg
• Address: Sofia 1592, blvd. “Prof. 2 Tsvetan Lazarov Str.

Alternative Dispute Resolution (ADR) between consumers and traders is an out-of-court conciliation procedure on a voluntary basis.

General Conciliation Commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services.

The General Conciliation Commissions are determined on a regional basis, and the competent to resolve disputes between a Trader and a Consumer is the General Conciliation Commission with headquarters in Sofia and the area of operation on the territory of Sofia City District.

The consolidated list of recognised ADR bodies of the Member States of the European Union can be found at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show