Terms and Conditions
General Terms and Conditions
I. TERMS OF USE
II. DEFINITIONS
III. SERVICES PROVIDED
IV. REGISTRATION AND IDENTIFICATION
V. ORDERING
VI. HOW TO PLACE AN ORDER
VII. ORDER PRICE
VIII. ORDER FULFILLMENT ISSUES
IX. PAYMENT METHODS
X. CANCELLATION OF ORDER AND RETURN OF GOODS
XI. WARRANTIES AND COMPLAINTS
XII. INTELLECTUAL PROPERTY
XIII. TERMINATION AND RESCISSION OF THE CONTRACT
XIV. SEVERABILITY CLAUSE
XV. APPLICABLE LAW
XVI. DELIVERY
XVII. DISPUTES
XVIII. PERSONAL DATA PROTECTION
I. TERMS OF USE
These General Terms and Conditions govern the relationship between MAMS.BG EOOD, hereinafter referred to as MAMS.BG, on one hand, and the Users of the websites and services found on the Site (hereinafter referred to as Users), on the other.
MAMS.BG EOOD is registered under the Commercial Act of the Republic of Bulgaria with its registered office and management address: Sofia, 5 Petko Yu. Todorov Blvd., email address: info@mams.bg, GSM: +359 888 702 458
Please read the published General Terms and Conditions in their entirety before using the informational and commercial services offered on the Site (hereinafter referred to as Services). By viewing the Site, every User automatically agrees to comply with the terms described below.
This document contains information about the activities of MAMS.BG and the general terms and conditions for using the services provided by MAMS.BG, and governs the relationship 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 User and MAMS.BG.
By accepting the General Terms and Conditions, the User agrees to the processing of their personal data on the basis of the contract concluded between them and MAMS.BG. Such data includes names, phone number, address, and email.
II. DEFINITIONS
For the purposes of these general terms and conditions, the following terms shall be understood as follows:
Site - www.MAMS.bg and all its subpages.
User - is any natural person who acquires goods or uses services that are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside the scope of their commercial or professional activity.
General Terms and Conditions – these General Terms and Conditions, which include terms of use, privacy policy, cookies, registration and delivery rules, voluntary dispute resolution, contract cancellation and exchange forms, and any other legally relevant information found on the Site.
Personal Data – any information about a natural person that reveals their physical, psychological, mental, family, economic, cultural, or social identity.
Goods - a movable tangible item, with the exception of items sold by way of forced execution or through other measures by authorities authorized by law, as well as items abandoned or seized for the benefit of the state, declared for sale by state authorities.
Sales Contract - a contract under which the trader transfers or undertakes to transfer the ownership of goods to the user, and the user pays or undertakes to pay the price for them, including contracts having as their subject both goods and services.
Alternative Consumer Dispute Resolution Procedure - a procedure for out-of-court settlement of consumer disputes, meeting the requirements of a special law or a specific agreement between the parties to a legal relationship, carried out by an alternative consumer dispute resolution body (arbitration, mediator, or others).
III. SERVICES PROVIDED
Art. 1. On the Site, Users have the opportunity to enter into a sales and delivery contract for the goods offered by MAMS.BG.
IV. REGISTRATION AND IDENTIFICATION
MAMS.BG identifies Users on the site by storing log files on the Site's server and the User's IP address.
MAMS.BG has the right to collect and use information about Users on the basis of and for the purposes of performing the contract concluded with the User under these General Terms and Conditions. Information through which a person can be identified may include names, phone number, address, email, as well as any other information that the person provides voluntarily upon registration. The information also includes any other information that the User enters, uses, or provides when using the Services provided by MAMS.BG.
Only persons over 18 years of age can register on the site. Upon registration, the person declares that they are 18 years of age or older.
MAMS.BG exercises due diligence and is responsible for protecting the User's information that has become known to it in connection with the registration, except in cases of force majeure, accidental events, or malicious actions of third parties.
In the registration form filled out by the User during registration, MAMS.BG indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide it.
MAMS.BG may disclose personal data to third parties only in cases provided for by law and under the circumstances provided for by law or with the express consent of the Users.
The User can register by filling out the relevant electronic registration form available in real-time (on-line) on the Internet on the MAMS.BG website and expressing agreement with the General Terms and Conditions.
By pressing the virtual button with the text "Registration" or another similar text, which has the force of 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, declaring that they are familiar with the General Terms and Conditions, accept them, and undertake to comply with them.
MAMS.BG may store in log files on the site's server the User's IP address, as well as any other information necessary to identify them and reproduce their electronic statement of acceptance of the General Terms and Conditions in the event of a legal dispute.
When filling out the registration application, the User is obliged to provide complete and accurate data regarding identity (for natural persons), legal status (for legal entities), and other data required by the electronic form of MAMS.BG, and to update them within 7 (seven) days of any change. The User declares that they agree to provide the required personal data, ensuring that the data provided during the registration process is true, complete, and accurate, and that they will update it in a timely manner in the event of any changes. In case of providing false data, MAMS.BG has the right to terminate or suspend the provision of services immediately and without notice, as well as the maintenance of the User's registration.
Upon registration, the User receives a unique username, which may also be the email provided by the User, and a password for access to the services available through the MAMS.BG website.
The User can manage their user profile on the site. Through their profile, the User can:
1. View the history of orders made
2. Track the status of an order
3. Change and add addresses registered by them
4. Repeat an order already made by them
5. View and change the list of "Favorite" products
The username with which the User registers does not grant them any rights other than those expressly stated in these General Terms and Conditions.
The person registering in the capacity of a representative of a legal entity is obliged to enter their full name and address, or the name of the legal entity they represent.
The User is obliged to exercise all due care and take the necessary measures that are reasonably required to protect their password, not to disclose their password to third parties, and to notify MAMS.BG immediately in the event of unauthorized access, as well as in the event of the probability or suspicion of such. They bear the responsibility and risk for protecting their password, as well as for all actions performed by them or by a third party using their password.
V. ORDERING
Users use the interface of the MAMS.BG website to enter into contracts for the purchase and sale of goods and services offered by MAMS.BG.
In the absence of availability of a certain good, MAMS.BG reserves the right to refuse the order.
After selecting one or more goods offered on the MAMS.BG website, the User must add them to their list of goods for purchase.
It is necessary for the User to provide data for delivery and to choose a method and time of payment, and then confirm the order through the site's interface.
When placing an order, the User receives an email confirmation that their order has been accepted.
MAMS.BG has the right to refuse to enter into a contract with a dishonest User.
MAMS.BG has the right to treat a User as dishonest 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 MAMS.BG representatives is established;
3) systematic (three or more times) abuses by the User towards MAMS.BG are established.
VI. HOW TO PLACE AN ORDER
Orders are accepted on the site 24 hours a day, 7 days a week, including weekends and public holidays. Registering a user profile is not mandatory to generate an order through the site. Ordering a specific good/goods by the user is carried out in several ways:
Order through the site - you can place an order through the site by using the "ADD" button, which is located under/next to each available product. This button adds the selected product to the user's cart, after which the user has the opportunity to add more products to it or proceed to checkout. When completing the order, the user has the opportunity to review the products they have decided to purchase, their prices, and the final amount for payment, as well as to benefit from an additional discount if they have a discount voucher or other promotional code. The user can complete the order with an already registered user profile, register a new profile, or simply fill in the required data for the payer and recipient of the shipment: names, e-mail, phone, address, and choose the method of payment. After finalizing the order and sending the request, a confirmation with a record of the entered information will be sent to the specified e-mail. For every stage of order processing (availability confirmation, shipping, etc.), the user will be notified by an operator via e-mail or phone, and the user can also track the status of the current and previous orders from their user profile on www.mams.bg, if one was used.
Order by phone – you can also order by calling +359 888 702 458, where our associate will accept your order and advise you. The user makes an order request at the specified phone number for their chosen goods, providing the operator of www.mams.bg with the necessary data for delivery (recipient name, delivery address, etc.) and other special requirements for order fulfillment, if any.
Order through our Facebook fan page - this is another, also very easy and convenient way to ask your question or place an order through our company Facebook page. To do this, you just need to like our page and send us a private message with your inquiry or the products you wish to order.
Order by email - this is another way to ask your question or place an order easily and conveniently. Send your inquiry to: info@mams.bg, and our professional consultants will respond as soon as possible and assist you if needed.
Orders and inquiries from customers are processed by the operators of www.mams.bg during working hours. At the exclusive and sole discretion of MAMS.BG, a gift may be added to the order. The gift for each individual order may vary depending on current promotions at the moment. MAMS.BG reserves the right to make changes and corrections to the offered gifts according to the type of the current promotion.
All images and descriptions of products on the www.mams.bg site are indicative, for information purposes, and are subject to change by MAMS.BG.
All prices, including promotional prices, are valid until they are changed by MAMS.BG or the relevant manufacturer, or until the product is withdrawn from sale or sold out. Any such change is reflected on the www.mams.bg site.
Discounts cannot be combined and added.
VII. ORDER PRICE
(1) The prices of the offered goods are those specified on the MAMS.BG website at the time the order is placed.
The prices of the goods include VAT.
MAMS.BG reserves the right to change the prices of the goods offered on the site at any time without notice, and such changes will not affect orders already placed. The price change applies to users from the moment it is announced on the www.mams.bg site.
(1) MAMS.BG may offer discounts on goods offered on the site, in accordance with Bulgarian legislation and rules determined by MAMS.BG. The rules applicable to such discounts are available at the location where the discount is shown. Discounts may be offered in various forms (e.g., promotions, loyalty discounts provided individually, at random, or as a result of participation in a competition or customer survey).
Different types of discounts cannot be combined when ordering and purchasing the same good.
VIII. ORDER FULFILLMENT ISSUES
The fulfillment of your order may be hindered for any of the following reasons:
1. One or all of the ordered goods are out of stock - in this case, we will contact you as soon as possible.
2. Payment has not been made (delay in payment) by the user, if they have chosen bank transfer payment.
3. The user has provided an incorrect or incomplete delivery address.
4. Lack of an up-to-date phone number to contact the user.
5. Technical problem.
In the event of delivery problems caused by our fault, all additional costs for shipping or receiving the goods are at the expense of MAMS.BG. In all other cases, subsequent shipping of the package will be at the user's expense.
When a User returns a good with the right to a refund of the paid amount for any reason, the price subject to refund is reduced by the value of the discount applied to the good, and only the amount actually paid is subject to refund.
IX. PAYMENT METHODS
The User can pay the price of the ordered goods by choosing one of the options listed on the website:
- Payment by bank transfer
Bank: Bulgarian-American Credit Bank
Recipient: MAMS.BG EOOD
IBAN: BG53BGUS91601012597300
Bank code / SWIFT / BIC: BGUSBGSF
In the "Payment reason" field, indicate:
The order number and possibly your email address.
This data is necessary for us to fulfill your order.
- Payment by cash on delivery: upon receipt of the goods, you pay the due amount to the courier
Here there are two options available:
- cash payment of the cash-on-delivery amount to the courier
- payment by bank card - you can pay the cash-on-delivery amount with your credit/debit card directly to the courier, by prior request, so that the courier is equipped with a mobile terminal through which bank card payments are made.
X. CANCELLATION OF CONTRACT AND EXCHANGE
(1) The User has the right to withdraw from the contract without stating a reason, without owing compensation or a penalty within a 14-day period, starting from the date of receipt of the goods by the User.
To exercise their right under this clause, the User must unequivocally notify MAMS.BG of their decision to withdraw from the contract at the email address: info@mams.bg, identifying the goods they wish to return by providing all the data regarding the completed order. MAMS.BG will send the user a confirmation of receipt of their withdrawal.
In accordance with the provisions of Art. 55 of the Consumer Protection Act, the user is obliged to store the received goods, their quality, and safety until the moment of their return to MAMS.BG in the condition in which they were received.
The User is obliged to return the goods at their own expense, necessarily together with the cash receipt and invoice, by sending them to MAMS.BG within 14 days.
Upon return, the good must be in its original packaging, without traces of use or impairment of the commercial appearance (e.g., torn packaging, removed labels, missing parts, etc.) and must be accompanied by all accompanying documents - cash receipt and/or invoice, instructions for use, etc.
In the event that the User fails to fulfill their obligation to return the good within the period mentioned above, it is considered that they have withdrawn their statement of exercising the right to cancel the contract.
When, in connection with the performance of the contract, MAMS.BG has incurred expenses and the User cancels the contract, MAMS.BG has the right to withhold the corresponding amount for the expenses incurred or to demand their payment.
(1) The User has no right to cancel the contract in the event that the subject of the same is:
1. the delivery of goods made to the order of the user or according to their individual requirements
2. the delivery of sealed goods which have been unsealed and/or tested after delivery and cannot be returned for reasons related to hygiene or health protection.
MAMS.BG refunds the User the price paid for the returned goods within 14 days.
Transport costs for returning the good from the customer to MAMS.BG are at the expense of the User. The address is: MAMS.BG, Sofia, 5 Petko Yu. Todorov Blvd.
XI. WARRANTIES AND COMPLAINTS
(1) The User has the right to file a complaint for any non-conformity of the goods with what was agreed/ordered when, after delivery, discrepancies with the sales contract are discovered.
MAMS.BG is not liable for color differences resulting from natural variations in how colors are rendered by different monitor models.
The User cannot dispute the conformity of the consumer goods with the sales contract if, at the time the contract was concluded, they knew or could not have been unaware of the non-conformity.
(1) The User has the right to file a complaint regarding the goods, regardless of whether the manufacturer or the merchant has provided a warranty for the goods. The cash receipt / payment order is the warranty document.
When the complaint is satisfied by replacing the goods with others that correspond to what was agreed, MAMS.BG retains the initial warranty terms for the User.
When filing a complaint, the client must provide clear, complete, and unambiguous information about the case in writing and within the statutory deadline for filing a complaint to the email address: info@mams.bg .
Photo and video material must be attached. Once the case has been reviewed and processed, you will receive a written response at the email address from which the complaint was filed (MAMS.BG is not responsible for any issues beyond our control regarding the receipt of the message within the statutory deadline).
When submitting a complaint, the user must mandatorily attach:
1. A photo of the cash receipt / payment order / purchase invoice
2. A photo of the product's serial number
3. Photo and video material of the problem
4. Extended manufacturer's warranty certificate, if available
XII. INTELLECTUAL PROPERTY
(1) Intellectual property rights for all materials and resources located on the MAMS.BG website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to MAMS.BG or to the specifically indicated person who has transferred the right of use to MAMS.BG, and may not be used in violation of current legislation. When copying or reproducing information beyond what is permitted, as well as in any other violation of intellectual property rights on MAMS.BG resources, MAMS.BG has the right to claim compensation for direct and indirect damages suffered in full.
Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute, or otherwise disclose the information resources published on the MAMS.BG website.
MAMS.BG reserves the right to suspend access to the services provided. MAMS.BG has the right, but not the obligation, at its own discretion, to delete information resources and materials published on its site.
XIII. TERMINATION AND RESCISSION OF THE CONTRACT
MAMS.BG has the right, at its own discretion and without notice, to unilaterally terminate the contract if it establishes that the services provided are being used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria, and/or generally accepted moral standards.
In addition to the cases provided for in these General Terms and Conditions, the contract between the parties is terminated upon the cessation of MAMS.BG's operations or the discontinuation of the maintenance of its website.
XIV. SEVERABILITY CLAUSE
The parties declare that in the event that any of the clauses in these General Terms and Conditions prove to be invalid, this shall not entail the invalidity of the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory provisions of the law or established practice.
XV. APPLICABLE LAW
For all matters not settled by these General Terms and Conditions, the provisions of the current legislation of the Republic of Bulgaria shall apply.
XVI. DELIVERY
All goods successfully ordered from the site are in stock and are shipped immediately on a working day by 5:00 PM for delivery on the next working day. For small settlements, it is possible that delivery may take two working days. For Sofia, same-day delivery is possible at no extra charge for the courier service.
The delivery of the ordered goods is carried out through the courier company SPEEDY to an office or to an address specified by the User within the territory of the Republic of Bulgaria. Delivery is free for orders over 100 BGN.
In cases of circumstances beyond our control or a system error, MAMS.BG reserves the right to cancel the order or extend the delivery period by up to 3 working days, while promptly informing the User.
MAMS.BG is not liable for non-fulfillment of an order in cases where the User has provided incorrect, incomplete, and/or inaccurate personal data, including when they have provided an incomplete, inaccurate, or fictitious address or phone number.
The User is obliged to inspect the goods at the time of delivery in the presence of the courier and to notify immediately of any established discrepancies, shortages, or damages. If the User does not do this, it is assumed that the delivery was accepted without objection.
XVII. DISPUTES
If you as a User believe that your rights have been violated, you can send your complaints to us via e-mail: info@mams.bg. Users can use the European Online Dispute Resolution (ODR) platform, available at / http://ec.europa.eu/odr / - a single access portal that allows EU consumers and traders to settle disputes that have arisen between them.
XVIII. PERSONAL DATA PROTECTION
The Client's personal data is processed by the merchant in their capacity as a personal data controller.The User's personal data, provided as part of the Online store, will be processed by MAMS.BG for specific purposes, as part of the individual forms of the Online store.
The User has the right to request the correction and deletion of their personal data from their profile on the site.
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