General Terms and Conditions
Welcome to the milenamaat.com audio and video content website!
Here you can get online access to audio and video content, e-books, publications and other materials on a variety of topics. Also, you have the opportunity to buy books on paper, as well as other various items offered in our online store.
These General Terms and Conditions govern the relationship between the users of the services and resources offered on the website milenamaat.com on the one hand, and the company Mahatma EOOD – the administrator of the website, on the other hand.
Accessing, viewing, registering and using in any way the services and resources of the website require your agreement to these Terms and Conditions. Please get acquainted in detail with the Terms and Conditions before immersing yourself in the vast world of literature and art, which are a click away!
I. Definitions
Definitions General Terms and Conditions / GTC – the conditions governing the relationship between visitors and users of the Website, on the one hand, and the Administrator, on the other, in connection with access to the Website, viewing and use of the services and resources provided.
Website – separate space on the Internet with a web address milenmaat.com
E-Shop – a separate section of the Website in which the User has the opportunity to purchase the goods Administrator offered by the Administrator
Forum – a separate section of the Website that Users use to post opinions, ratings and participate in discussions in connection with the Services provided
Administrator / We – the company “MAHATMA EOOD”, registered under the legislation of the Republic of Bulgaria, which manages and maintains the Website and the Services provided through it.
User / You – any adult and legally capable natural person or legal entity that accesses the Website, views and / or uses the Services offered
Services – all services, resources and functionalities provided by the Administrator through the functionalities of the Website
Goods – all goods offered for sale by the Administrator through an e-shop available on the Website
Digital content – all audiobooks, e-books, video trainings, editions and other materials in audio and video format offered by the Administrator through the functionalities of the Website against payment
.
Streaming (broadcast/delivery) video (live) services for listening, viewing and/or accessing Digital Content in accordance with the subscription plan chosen by the User
Subscription plan – offered by the Administrator package for paid access to Digital content on the Website
II. Validity
1. These GTC constitute a legal agreement that is binding on the Users and the Administrator. Access to and viewing of the Services and resources of the Website without registration will be considered as the User’s consent to these GTC. Registration, order of Goods, as well as access to paid Services and Digital Content on the Website require prior consent of the User to these GTC and other written conditions of the Administrator published on the Website. The relationship between the parties is governed exclusively by these GTC, the Privacy Policy and other terms and conditions in writing, created and published by the Administrator on the Website, which are an integral part of these GTC.
2. These GTC apply equally to registered and unregistered Users. The General Terms and Conditions do not address or regulate any issues arising from or related to the provision of links to other sites, advertisements and software to third parties, as long as these services are not provided and controlled by the Administrator.
3. The Administrator reserves the right to change the GTC of the Website at any time. Users will be notified of the changes by a notice prominently displayed on the website. In case of disagreement with the current version of the GTC, the User should not use the Website and has the right to request from the Administrator deletion of his profile.
4. The Administrator does not guarantee the completeness or accuracy of the information, technical or other omissions or errors on the Website.
III. Characteristics of Goods and Services. Access and registration.
5. Characteristics
5.1 The services provided to the User on the Website have the following subject: sale and delivery of paper books and other Goods available on the Website, as well as providing paid electronic access to Digital Content. The goods offered by the Administrator are video books, audio books and practices. The Administrator also provides the User with access to a Forum – a separate section of the Website, which users use to post opinions, ratings and participate in discussions.
5.2 The Administrator provides and the User uses the Services as advertised, according to the terms and conditions specified on the Website. The services and resources of the Website are used at the request of the Users, at their own risk and responsibility. The User is responsible for the selection of each Good or Service and its compliance with his expectations regarding the type, functionalities and main purpose of the Goods or Service.
5.3The Administrator reserves the right to provide discounts on the Goods and Services in accordance with the Bulgarian legislation and rules set by the Administrator. The rules applicable to such discounts are available at the location where the discount message is visible. Discounts can 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. Access
In order to use the Service, the User must use an Internet-connected device compatible with the technical requirements for visualization and use of the Website, as well as use any of the payment methods available on the Website – for the services and Digital Content that require paid access. The Administrator reserves the right to change the technical requirements for using the Service and periodically change, add or remove payment methods. The Administrator will use its best efforts to notify you by e-mail or by posting a message on the Website of any changes that may limit your technical ability to use the Service.
7. Registration
7.1 The User may register by filling in the relevant electronic registration form available on the Website here. The user must fill in all mandatory fields in the registration form, responsible for the accuracy, timeliness and correctness of the specified data. Before creating his profile, the User should express his consent to these Terms and Conditions and the Privacy Policy by clicking on the buttons “I agree with the General Terms and Conditions of the Website” and “I agree with the Privacy Policy of the Website”. By clicking on the “Register” button, the User creates his user profile and declares that he is an adult and has the legal capacity to conclude distance contracts and assumes responsibility for all actions and / or omissions related to the use of his user profile on the Website.
7.2 The user has the opportunity to send orders without creating a user account in advance. In order to successfully send an order, the User needs to fill in the mandatory fields in the order form. In this case, the User will be created an official profile containing the data provided when ordering.
IV. Order Goods. Access to Digital Content. Payments.
8. Order Goods
8.1 The User may order Goods by clicking on the “Buy” button under the image of the selected goods, following the instructions on the Website for completing an order. Before finalizing the order, the User should express his consent to these General Terms and Conditions and the Privacy Policy by clicking on the buttons the consent buttons.
8.2 Before sending an order, the User has the opportunity to review the contents of the cart with the selected goods and their final price, make changes in the type or number of goods or withdraw from the order.
8.3 With the confirmation of the Goods selected in the basket and the method of payment, via the “Confirm Order” button and after receiving an email confirmation from the Administrator, the order is considered completed and the distance purchase contract comes into force.
9. Digital content access
9.1 Access to Digital Content is provided to the User for a single fee through the payment methods available on the Website or against the purchase of a Subscription Plan. The one-off prices for access to Digital Content, as well as the prices of different types of Subscription Plans, are announced in a separate price list available on the Website.
9.2 The Administrator provides access to the Digital Content through various types of Subscription Plans, including but not limited to: promotional plans, plans provided by or jointly with third parties, plans based on the number of simultaneous streams offered, or plans based on restrictions in the Digital Content provided. The prices of the Subscription plans offered by the Administrator depend on the included functionalities, capabilities, access to content, etc.
9.3 The Administrator reserves the right, at its sole discretion, to change the prices of the Services, including but not limited to adding new subscription plans, removing or periodically changing the functionalities of existing services. Users will be promptly informed of the changes through notices prominently posted on the Website and/or in another appropriate way.
9.4 The number of simultaneous streams and included functionalities depend on the type of Subscription plan selected by the User and are determined in detail in the terms of each subscription plan published on the Website. Information about the current subscription plan is available through access to the user profile on the Website.
10. Payments
10.1 The prices of the Goods and Services are in EURO (EUR), including all taxes and fees, and the Administrator reserves the right, without prior notice, to change them at any time.
10.2 The prices of the Goods and Services are valid until the date specified on the Website (if an end date is indicated) or until their subsequent change made by the Administrator. The announcement of reduced prices is presented by placing the new price next to the old one, which is crossed out. If no period is specified for which the reduced price is valid, this price is valid until stocks last, but not more than one month.
10.3 The final amount due by the User for each order of goods, includes the value of the purchased goods with all taxes and costs for the delivery of the order, shall be indicated before the order is confirmed.
10.4 The User pays the order by bank card or by bank transfer and other payment methods available on the Website at the time of payment. In case of cash on delivery, the value of the order (the amount of the purchased product and the cost of delivery) is paid to the courier upon delivery. When paying by bank card or bank transfer, additional fees may be charged by the respective payment operator or bank. When choosing a payment method, it is advisable to familiarize yourself with the terms and prices for services of the respective payment operator or bank in order to choose the most appropriate or economical payment service from the available ones.
10.5 In case of early termination of a subscription plan or other type of paid term service at the request of the User, the User shall not be entitled to request reimbursement of the amounts paid in advance for the services.
V. Right of withdrawal
11. The User has the right, without compensation or penalty and without giving any reason, to withdraw from the concluded contract for the purchase and delivery of Goods in the e-shop within 14 days from the date of receipt of the goods. In this case, the consumer pays the direct cost of returning the goods himself. The returned goods must be in their original packaging, not used and their commercial appearance (torn packaging, removed labels, stickers, missing parts, etc.) and be accompanied by all accompanying documents – receipt or invoice, instructions for use, etc. The consumer may exercise his right of withdrawal for online purchases using the standard CPC form.
VI. Delivery
12. The delivery of the Goods is made by a courier company selected by the User from the list of suppliers on the Website. The cost of delivery is determined depending on the chosen courier company. The price and delivery time are determined by the General Terms and Conditions of the selected courier company. The service “Cash on delivery” requires delivery of the full amount of the value of the order to the courier at the time of delivery. The user should review the content of the delivery to verify the compliance of the products delivered with the products ordered by him.
13. The delivery of the order is made within 10 working days after sending a confirmation by the Administrator for an accepted order.
VII. Rights and obligations of the parties
14. The user undertakes:
14.1 To use the Services and Resources offered on the Website lawfully, according to its purpose and in accordance with these GTC.
14.2 To provide accurate and true information about itself upon registration, including current and correct delivery address and contact telephone, not to impersonate another person, not to create user profiles by automated means or otherwise, not to try to mislead others about their identity when making communications through the website, not to make fictitious orders.
14.3 To access the services and resources of the Website through the technologies and means provided by the Website, implemented through its usual functionality, as well as not to use, copy and distribute, in whole or in part, the content published on the Website for any purpose other than those expressly stated in the GTC.
14.4 To pay the price of the goods purchased in the e-shop, transport and other costs of receiving and returning the Goods. To pay all transport and other costs of receiving and returning the Goods when the reason for return is not due to defects or non-compliance of the Goods with the confirmed in advance Declaration for a one-time exchange of the purchased Goods, and at the request of the consumer to replace a purchased product with another. Products and packaging must be returned with intact commercial appearance in accordance with art. 55 para 7 of the CPA and to be presented together with all accompanying documents. Product substitutions are not allowed in respect of access to digital content.
14.5 Upon receipt of the order, check its contents for compliance with the request, as well as for visible defects. In case of defects or impaired appearance of the Goods arising during transport, the User must contact the courier for a protocol for damaged shipment and within 24 hours to notify the Administrator of the case.
15. It is forbidden to perform any of the following actions by the User:
15.1 The copying, adaptation, reverse engineering, modification, creation of derivatives of software and Digital Content on the Website, including but not limited to Flash, PHP, HTML, JavaScript, JavaApplets or other code and/or program resources.
15.2 The recording, downloading, processing and copying of Digital Content from the Website, sharing, distributing, broadcasting and transmitting it on other websites and with others, including but not limited to through the mass media, through its transmission on any medium, etc.
15.3 The use of any automated or non-automated processes to collect, store, archive or retrieve information about other users of the services and the Website or in any way to systematically extract information from the databases of the Website.
15.4 Concealing, blocking, deleting, removing or in any way impeding the visibility and access to any messages, banners, advertising, user and other content and information published on the Website.
15.5 The circumvention, removal, manipulation of any elements of protection and the measures and technical means put in place to protect the services and the Website from unauthorized access, from hacking and other destructive, malicious attacks and destructive actions, including but not limited to any actions that have the purpose or effect of blocking access to the Services and / or the Website, loading and distributing illegal content, the destruction in whole or in part of the functionality of the Services and the Website, theft and loss of data from the services and resources of the Website.
15.6 Preventing other users from accessing or restricting in any way to the services on the Website or any part of its content.
15.7 Displaying or submitting from or to the Website and forum any unlawful, offensive, defamatory, obscene, pornographic or other information that is in violation of applicable laws.
16. The User has the right:
16.1 To lawfully use the Website and all Services for the purposes and within the limits of these GTC.
16.2 To create your user profile as required by these GTC. The user can easily and at any time access and update his personal data through the tools for editing his profile, except in cases where the content generated by him and his profile are deactivated. The information will be updated immediately.
16.3 To terminate at any time, at its sole discretion and desire, the use of the Services and the Website and to request the deletion / deletion / of its account.
16.4 To freely choose the Goods and their quantity and whether to pay them in advance through an online payment platform or by bank transfer or to pay the full amount in cash on delivery by agreeing that the Administrator has the right to accept an advance payment for the concluded online contracts for the purchase and sale of goods and their delivery.
16.5 Consumers have the right to claim in case of non-conformity of purchased goods with the contract of sale to bring the consumer goods into conformity with the contract of sale under art. 112-115. Upon receipt of goods with manufacturing defects or hidden defects that cannot be noticed by a simple examination upon receipt of the product, the User is entitled to replacement with other items of the same type or with another similar one. The claim must be filed within 14 days from the date of receipt of the Goods. The Administrator undertakes to replace the defective Product with another, at its own expense. In the event that it fails to replace the defective Goods or bring the Goods into conformity with the contract of sale, the Administrator undertakes to notify the User of this within a reasonable time and to refund by bank transfer the amount paid. Reimbursement of the cost of returning products is applicable to justified and approved claims. In the event that the Administrator fails to replace the Goods with defective ones, he is obliged to notify the User and return the amount paid, including the shipping costs paid by the User, within 14 calendar days.
16.6 In the case of orders made by minors, parents or guardians have the right to cancel the transaction by returning the Goods for the amount paid or may express their consent in writing online to confirm the order made. When returning goods in these cases, the costs are at the expense of the legal representatives of the minor User.
17. The administrator has the right:
17.1 At any time, at its sole discretion, to make changes to the Services and the Website in connection with the maintenance, development and / or improvement of the quality of the Services provided therein, as well as to expand the scope of the Services, to make changes to the published materials, Digital Content, Goods and prices without the obligation of prior notice to consumers and without being responsible for this.
17.2 To block the access of a user to the services and to the Website in whole or to certain parts of them, in case of violation by the user of the GTC, the Personal Data Policy and other conditions and regulations that are an integral part of the GTC, in: committing, attempting or real danger to be carried out by the user or by persons using his account, illegal actions or actions that threaten the security and functioning of the Services and / or the Website, or the legitimate interests of users, the Administrator or its partners, contractors and other related parties are affected, or other significant public interest must be preserved.
17.3 All rights not expressly granted in these GTC are reserved and belong to the Administrator.
17.4 In order to improve the quality of the Services, when performing maintenance, troubleshooting, updating information and other related activities, the Administrator has the right to temporarily restrict or suspend the provision of the Services.
18. The administrator undertakes:
18.1 To deliver Goods purchased through the e-shop within the agreed period to the address specified by the User, and shall not be liable in the event that the specified delivery data are incorrect, incomplete or inaccurate.
18.2 To refund in full the value of goods purchased and returned by the User within 14 days from the date on which the User has exercised his right of withdrawal from the distance contract.
VIII. Liability
19. The administrator is not responsible for:
19.1 The quality, reliability, accuracy and performance of the related services provided by other persons and organizations in connection with the operation of the Internet, social networks, hosting and other services, in case of traffic disruption due to causes of which the Internet provider or companies providing online and other services available through this Website is responsible.
19.2 The quality of the Services when using malfunctioning technical means, devices and / or incorrectly configured software by the User or for any direct, indirect, specific, incidental or subsequently occurring damages related to the use of software programs installed on the User’s computer, including damages for the possible occurrence of which the User has not been notified.
19.3 Suffered or future damages that are caused by inaccurate, unreliable or misleading, misleading information and / or data, information materials, books, publications and other content posted by advertisers or other information sources on the Website.
19.4 The Administrator is not responsible for incorrect data specified by the manufacturer / importer / of the Goods.
19.5 The Administrator is not responsible for inaccuracies in the description of the goods that do not relate to their main characteristics and does not claim to be exhaustive of the information provided, and is not responsible for the content of the distributed books, music and video materials and other Digital Content.
19.6 The Administrator shall not be liable for delay or inability to perform its obligations in the event of circumstances beyond the reasonable control of the Administrator for reasons that cannot be attributed to him.
20. The User bears full responsibility for all actions performed through his user profile that violate the rights and legitimate interests of the Administrator as well as third parties. The User undertakes to indemnify the Administrator for all damages, including but not limited to losses, lost profits, costs incurred, court costs, state fees, attorneys’ fees, etc., incurred by the Administrator as a result of unlawful actions of the User or other persons carried out through the User’s profile on the Website.
21. In the event that the User has any doubt about the quality and content of the Goods, Services, Digital Content or the Website regarding its content or reliability, the User must not use the Services or any part of the Website. Във всички останали случаи, ако въпреки тези съмнения или резерви, Потребителят продължи да използва Услугите или Уебсайта, отговорността за това решение е изцяло на Потребителя.
IX. Intellectual property
22. Intellectual Property Rights
22.1 The website contains copyrighted materials and texts, images, inscriptions, graphic logos, graphics, trademarks, databases and software that are owned by the Administrator or licensed by their rightholders and are protected by Bulgarian, European and other applicable laws and international conventions on copyright, related and other intellectual property rights. The reproduction of the Website, the services and/or any intellectual property element thereof may be made only with the express written consent of the Administrator. The use of the Services and the Website does not grant users any rights to intellectual property in whole or to any part of them.
22.2 Unless the Administrator gives its express consent in writing, no element of the Service and/or the Digital Content may be used or exploited in any other way than as part of the Service offered under these GTC. The User owns the physical device to which elements of the Service are delivered, but the Administrator retains full ownership of the Service and all intellectual property rights acquired in connection with it. The Administrator does not grant the User any ownership rights to any part of the Service and / or the Digital Content.
22.3The Administrator grants the User a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service, Digital Content, Virtual Elements or other materials only for the personal, non-commercial use of the User.
22.4 The User acknowledges, warrants and acknowledges that he/she or anyone who authorizes access to the Service through his/her User Profile will not copy, reproduce, duplicate, modify, create derivative works, display, publish, distribute, distribute, broadcast, transmit, sell, rent, rent, loan, sublicense, circulate or otherwise use for any purpose (commercial or otherwise) any materials and/or any part of the or the entire Service, to a third party (including without limitation, the display and distribution of the content/services through a third party website) without the express prior written consent of the Administrator or, unless expressly permitted otherwise, under applicable mandatory law.
X. Supervision. Alternative dispute resolution
23. Supervisory authority for consumer rights protection in Bulgaria is the Commission for Consumer Protection with address: 1000 gr. Sofia, sq.” Slaveykov” No4A, floor 3, 4 and 6; tel: 02/933 056 and tel. 02/9884218 and user’s telephone: 0700 111 22, website: www.kzp.bg
In case of a dispute concerning obligations arising from online sales contracts in which no agreement has been reached, the Consumer may refer the dispute to the Alternative Consumer Dispute Resolution (ADR) bodies under the terms and conditions of Article 181a et seq. of the CPA. Further information on alternative dispute resolution for consumer disputes can be found on the website of the Commission for Consumer Protection at www.kzp.bg and in the ODR platform for online dispute resolution.
XI. Applicable law
24. For the issues not settled by these GTC, the provisions of the Bulgarian legislation in force shall apply. Споровете във връзка с използването на уебсайта и предоставените в него услуги и ресурси, които не могат да се разрешат чрез преговори по взаимно споразумение или чрез орган за АРС, ще се отнасят за разглеждане и разрешаване от компетентния български съд.
В сила от: 01.04.2019
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