General Terms and Conditions

Welcome to the website of audio and video content milenamaat.com!

Here you can get online access to audio and video content, ebooks, publications and other materials on a variety of topics. You also have the opportunity to purchase books in paper form as well as other varied items offered in our online store.

These General Terms and Conditions specify the relations between the users of the services and resources offered on the website milenamaat.com on one hand, and the entity “Mahatma” LTD – administrator of the website on the other.

The access, consideration, registration and use in any way of the services and resources of the Website require your agreement to these Terms and Conditions. Please get acquainted with the Terms and Conditions before immersing yourself in the vast world of literature and art that are just a click away!

I. Definitions

General Terms and Conditions/ GTC– Terms governing the relationship between visitors and users of the Website on the one hand and the Administrator on the other, in connection with the access to the Website, the consideration and use of the provided services and resources.

Website– the designated internet space with URL milenmaat.com

Online Shop– the designated website space in which the User is offered the possibility to buy the Items from the Administrator

Forumthe designated website space which the Users use for publishing of opinions, assessments and and participate in discussions about the Services provided

Administrator/ We – the entity “Mahatma” LTD, which is registered under the laws of Republic of Bulgaria, with VAT and headquarters, which administrates and supports the Website and the Services provided through it.

User / You – Any adult and capable physical person or legal entity accessing the Website, browsing and / or using the Services

Services – all services, resources and functionalities provided by the Administrator through the Website functionalities

Items – all items, offered for sale by the Administrator through the online shop accessible from the Website

Digital Content all audio books, e-books, video lessons, editions and other materials in audio or video format, offered by the Administrator through the Website functionalities against payments.

Streaming– services for streaming (transmitting, delivery) of video (live) for listening, watching and/ or access to the Digital content in regards with the chosen by the User subscription plan

Subscription plan– the offered by the Administrator package for paid access to the Digital content in the Website

 

II. Validity

1. These GTC constitute a legal agreement which has binding force for the Users and the Administrator. Access to and consideration of the Services and resources of the Website without registration will be deemed to be the User’s consent with these GTC. Registration, Purchase of Items, as well as access to paid Services and Digital Content on the Website require prior consent of the User with these GTC and other written terms of the Administrator posted on the Website. Relationships between the parties are governed exclusively by these GTC, by the Privacy Policy and other written and written terms and conditions created and published by the Administrator on the Website, which are an integral part of these GTC.

2. These GTC are applied equally for registered and non-registered Users. The general terms and conditions do not cover or regulate questions of any matter, ensuing from or related to the provision of links to other websites, commercials and software by third parties, as long as those services are not provided and controlled by the Administrator.

3. The Administrator reserves the right to change the GTC of the Website at any point of time. The Users will be notified for the changes with messages, published on a prominent place in the Website. Upon disagreement with the actual version of the GTC, the User should not use the Website and has the right to request User profile deletion from the Administrator

4. The administrator does not give guarantees on the completeness or accuracy of the information, on technical or other omissions or errors in the Website.

 

 

III. Characteristics of Items and Services. Access and registration.

5. Characteristics

5.1 The services provided to the User of the Website have the following subject matter: sales and delivery of paper books and other Items, accessible from the Website, as well as the provision of paid online access to the Digital content. The Items, offered by the Administrator, represent [ books, items , video books, audio books, lectures ].The Administrator provides to the User also access to Forum – designated Website space which the users use for publishing of opinions, estimates and discussion participation.

5.2 The Administrator provides and the User uses the Services in the form in which they are advertised in accordance with the terms and conditions stated on the Website. The services and the resources of the Website are used under the sole discretion and will of the Users at their risk and responsibility. The User is responsible for choosing each Item and Service and for its compliance with his/ her expectation in regards with the type, functionalities and the main purpose of the Items or Services.

5.3 The Administrator reserves the right to provide discounts of the Items and Services in compliance with the Bulgarian legislation and terms, defined by the Administrator. The terms, applicable for such discounts are visible in the space where the message for the discount is published. Discounts can be provided in different forms (ex. Promotions, loyalty discounts, provided individually, randomly or as a result of contest participation or client survey).

6. Access

In order to use the Service, the User must use connected to the Internet device, compatible with the technical requirements for visualization and usage of the Website, as well as must use some of the available on the Website payment methods- for the services and the Digital content, which require paid access. The Administrator reserves the right to change the technical requirements for usage of the Service and periodically to change, add or remove payment methods. The Administrator will make every effort to notify you via e-mail or publishing of message on the Website for all changes which can restrict Your technical capability of the Service usage.

7. Registration

7.1 The User can register by submitting the online registration form on the Website here. The User must fill in all compulsory fields from the registration form being responsible for the accuracy, timeliness and veracity of the specified data. Before creating of the user profile the User must accept these General Terms and Conditions and Privacy Policy on the Website by ticking the boxes “I accept the General Terms and Conditions of the Website” and “I accept the Privacy Policy of the Website”. By clicking the button “Registration”, the User creates his/ her user profile and declares that he/ she is of full age and has the capacity to conclude remote distance contracts and is responsible for all actions or the lack of actions, related to the usage of his/ her user profile on the Website.

7.2 The User has the opportunity to submit orders without creating user profile in advance. In order to successfully complete the order the User must fill in the compulsory fields in the order form. In such cases an office profile will be created for the User containing the data provided with the order.

IV. Items ordering. Digital content access. Payments.

8. Items ordering

8.1 The user can order Items by clicking the “Buy” button below the image of the selected item, following the instructions for completing the order on the Website. Before finalizing the order the User has to accept these General Terms and Conditions and the Privacy policy by clicking the accept buttons.

8.2 Before submitting the order, the User has the opportunity to review the content of the cart with the chosen items and their final price, to make amendments in the type or the number of the items or to reject the order.

8.3 By confirming the chosen items in the cart and the payment method using the “Confirm order” button and upon the receipt of the confirmation e-mail sent by the Administrator, the order is considered complete and the remote contract of sale comes into force.

9. Digital content access

9.1 The Digital content access is granted to the User upon one time payment completed using one of the payment methods available on the Website or upon completed purchase of Subscription plan. The one time payment prices for Digital Content Access, as well as the prices of the different type of Subscription plans are listed in separate section on the Website.

9.2 The Administrator grants Digital content access upon different types of Subscription plans, including but not limited to: promotional plans, plans provided solely or mutually by third parties, plans based on the number of offered simultaneous streaming, or plans based on limitations in the provided Digital content. The prices of the offered by the Administrator Subscription plans depend on the functionalities included, opportunities, content access and others.

9.3 The Administrator reserves the right upon its sole discretion to change the prices of the services, including but not limited to adding new subscription plans, to removing or periodically changing the functionalities of the existing services. The user will be notified about the changes in timely manner via messages, published on a prominent position on the Website and / or in any other appropriate way.

9.4 The number of simultaneous streaming and the functionalities included depend on the type of the Subscription plan chosen by the User and are defined in details in the terms of any subscription plan published on the Website. The information about the current subscription plan is accessible by logging in the user profile on the Website.

10. Payments

10.1 The prices of the Items and the Services are in Bulgarian Leva (BGN) with all taxes and charges included, and the Administrator reserves the right to change them at any point of time without prior notice.

10.2 The prices of the Items and the Services are valid until the date given on the Website (if end date is specified) or until their subsequent change made by the Administrator. The message about the discounted prices is presented by placing the new price next to the old one which is crossed out. If no deadline for the validity of the new price is specified, new price is valid until the depletion of quantities but not more than one month.

10.3 The amount due owed by the User for each item ordering, including the value of the purchased items with all taxes and delivery costs, is stated before the completion of the order.

10.4 The user pays the order using bank card or bank wire transfer and other payment methods available on the Website at the time of the payment. Upon payment with bank card or bank wire transfer it is possible that additional taxes occur which are defined by the respective payment operator or bank. Upon choosing payment method it is highly recommendable to complete familiarization of the terms and the service prices of the respective payment operator or bank, in order to choose the most appropriate or economic available payment service.

10.5 Upon early termination of the Subscription plan or any other paid-for-time service based on User’s choice, the latter has the right to request the recovery of the prior amounts paid for the services.

V. Right of Withdrawal

11. The User has the right of withdrawal, without any indemnity or default, and without giving any reason, from the contract for purchase and delivery of Items in the online shop within 14 days, from the date of the item receipt. In this case the User covers the direct costs for the return of the items. The returned item needs to be in the original package, not to be used and its commercial appearance should not be disturbed (torn packaging, removed labels, stickers, missing parts, etc.)and needs to be accompanied by all accompanying documents- receipt or invoice, instructions for use and others. The consumer may exercise his / her right of withdrawal on online purchases using the standard CPC form. The right of withdrawal cannot be exercised in regards to the Digital content access which the User has paid.

 

 

VI. Delivery

12. The Delivery of the Items is carried out by selected by User Courier Company from the list of suppliers on the Website.The delivery price is determined by the chosen courier company. The price and delivery time are determined by the terms and conditions of the selected courier company. The User needs to review the content of the delivery in order to check the compliance of the delivered items with the ordered ones.

13. The delivery of the order is completed within 10 working days after the submission of confirmation for the received delivery by the Administrator

 

 

VII. Rights and Obligations of the parties

14. The user undertakes:

14.1 Use the services and resources offered on the Website legally, according to its intended purpose and in accordance with these GTC

14.2 Provide accurate and true information about themselves upon registration including current and accurate delivery address and contact phone, not present themselves for another person, not create user profiles using automated means or otherwise not try to mislead others for their identity when communicating through the website, not make fictitious orders.

14.3 Access the services and resources on the Website using the technologies and means, provided by the Website, available via its usual functionality, as well as not use, copy and distribute, in whole or in part, content published on the website for any purposes other than those expressly stated in the GTC.

14.4 Pay the prices of the purchased in the online shop items, the transportation and other costs for the delivery and return of the Items. Pay all transportation and other costs for the delivery and return of the Items, when the reason of the delivery is not due to defects or inconsistency of the Items Goods with the previously confirmed One-Way Exchange of Items Purchase, and at the User’s request to replace the purchased product with another. The products and the packaging must be returned in undamaged form according to Art. 55 paragraph 7 of the CPA and be presented together with all accompanying documents. Product replacement is not allowed in terms of access to digital content.

14.5 Check the content of the order upon its delivery for compliance with its request as well as for any visible defects. In case of defects or defective appearance of the Items arising from the transport, the User must contact the courier for the damaged shipment protocol and notify the Administrator within 24 hours.

15. It is forbidden to perform any of the following actions on behalf of the User:

15.1 Copying, Adaptation, Reverse Engineering, Modification, Creation of Software Derivatives, 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 to other websites and other persons, including, but not limited to, the media, by transmitting it on any medium and etc.

15.3 Use of any automated or non-automated processes for collecting, storing, archiving or retrieving information for other users of the Services and the Website or in any way retrieving systematically information from the Website databases.

15.4 Hide, block, delete, remove or in any way hinder the visibility and access to any messages, banners, advertising, user and other content and information posted on the Website.

15.5 Bypassing, removing, manipulating any security features, and implementing measures and technical means 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 as their object or effect the blocking of access to the Services and / or the Website, the loading and distribution of illegal content, the destruction in whole or in part of the functionality of the Services and the Website, theft and loss of data and from the services and resources of the Website.

15.6 Obstruction of access or restriction of other users in any way whatsoever to the services on the Website or any part of its content.

15.7 Exposing or sending from or to the Website and the Forum any unlawful, abusive, defamatory, indecent, pornographic or other information that is in violation of applicable laws.

16. The User is entitled to:

16.1 Use the Website and all Services legally for purposes and within these GTC.

16.2 Create a profile according to the requirements of these GTC. The user can easily and at any time access and update their personal data through the tools for editing their account, except when the content generated by it and its profile are disabled. The information will be updated immediately.

16.3 Terminate at any time, in its sole discretion, the use of the Services and the Website and request the deletion of his/her profile.

16.4 Choose freely the Items and their quantity and whether to pay them in advance via an online payment platform or by bank transfer, agreeing that the Administrator is entitled to receive an advance payment for the online contracts for the purchase and sale of items and their delivery.

16.5 Users are entitled to claim a non-conformity of purchased items with the sales contract to bring the consumer goods into conformity with the sales contract under Art. 112-115 of the CPA. Upon receipt of items with factory defects or hidden flaws that can not be seen by a simple inspection upon receipt of the product, the User is entitled to substitution with other items of the same kind or similar. The claim must be made within 14 days of the date of receipt of the Items. The administrator commits to replace the defective Item with another at their own expense. In the event that the Administrator fails to replace the defective Items or bring the Items into conformity with the sales contract, the Administrator undertakes to notify the User within a reasonable time and to recover the amount paid by bank transfer. Reimbursement of product return costs is applicable to legitimate and approved claims. In the event that the Administrator fails to replace Items with working one, he/she shall 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 are entitled to cancel the transaction by returning the Items for the amount paid or they can express their consent in writing online to confirm the order. When returning items in these cases, the costs are at the expense of the legal representative of the minor.

17. The Administrator is entitled to:

17.1 At any time in 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, make changes to the published materials, Digital content, Items and prices without obligation of prior notice to users and without being responsible for this.

17.2 Block User Access to Services and to the Website in whole or in part, in the case of a user’s violation of the GTC, the Privacy Policy, and other terms and conditions that are an integral part of the GTC in: or a real danger of the user or persons using his account, illegal activities or actions threatening the security and functioning of the Services and / or the Website, or the legitimate interests of the user, the Administrator, or his / her contractors and other related parties, or any 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, in the course of prevention, troubleshooting, updating of information and other related activities, the Administrator has the right to temporarily restrict or suspend the provision of the Services.

18. The Administrator undertakes to:

18.1 Deliver the Items purchased through the Online Shop within the agreed time limit at the address indicated by the User and is not liable in case the specified delivery data is incorrect, incomplete or inaccurate.

18.2 Refund in full the value of the purchased and returned by the User items within 14 days from the date on which the User exercised his / her right to withdraw from the remote contract.

VIII. Responsibility

19. The administrator is not responsible for:

19.1 The quality, reliability, accuracy and performance of related services provided by other individuals and organizations in connection with the operation of the Internet, social networks, hosting and other services, traffic disruptions due to reasons for which the ISP or the companies are responsible, providing online and other services available through this Website.

19.2 The quality of the Services in the use of defective technical equipment, devices and / or improperly configured software by the User or for any direct, indirect, specific, incidental or consequential damages associated with the use of software programs installed on the computer of the user, including damages that may have occurred to the User without notification.

19.3 Damaged or future damages 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 any untrue data specified by the Manufacturer / Importer /of the Product.

19.5 The Administrator is not responsible for inaccuracies in the description of the items that do not relate to their essential features and does not claim the completeness 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 any delay or inability to perform his / her duties in circumstances beyond the reasonable control of the Administrator for reasons that can not be attributed to him / her.

20. The user bears full responsibility for all actions performed through his / her 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 incurred, lost profits, costs incurred, court fees, state fees, attorneys’ fees and others incurred by the Administrator as a result of unauthorized actions of the User or other persons through the User’s Profile on the Website

21. In the event that the User has any doubt as to the quality and content of the Items, Services, Digital Content or the Website in terms of its content or reliability, the User shall not use the Services or any part of the Website. In all other cases, if, despite these doubts or reservations, the User continues to use the Services or the Website, the responsibility for this decision lies entirely with the User.

 

 

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 owned by the Administrator or licensed by their rights holders and protected by Bulgarian, European and other applicable laws and international conventions. copyright, related and other intellectual property rights. Reproduction of the Website, the Services and / or any of its intellectual property items 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 intellectual property rights in whole or in any part of them.

22.2 Unless the Administrator expressly agrees in writing, no Service item and / or Digital Content may be used or exploited in any other way except as part of the Service offered under these GTC. The user owns the physical device to which service elements 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 of any part of the Service and / or the Digital Content.

22.3 The Administrator grants the User a limited, non-exclusive, non-exclusive, non-transferable, non-transferable license to access and use the Service, Digital Content, Virtual Items or other materials for personal, non-commercial use by the User.

22.4 The User acknowledges, warrants and accepts that he or anyone authorized to access the Service through his / her profile will not make copies, reproduce, duplicate, modify, create derivative works, display, publish, distribute, distribute, broadcast , transmission, sale, hiring, renting, hiring, sublicing, circulating or otherwise using for any purpose (commercial or otherwise) any and all or part of the Service, to a third party (including without limitation, 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 the applicable imperative law.

X. Supervision. Alternative dispute resolution

23. The Consumer Protection Supervisory Authority in Bulgaria is the Consumer Protection Commission with address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floor; tel .: 02/933 056 and phone: 02/9884218 and user’s phone: 0700 111 22, website: www.kzp.bg

In a dispute over obligations arising from online sales agreements where no settlement has been reached, the User may refer the dispute to the Alternative Dispute Resolution (ADR) authorities under the conditions and by the order of Article 181a et seq. Of the CPA. Additional information on alternative dispute resolution can be found on the Consumer Protection Commission’s website at www.kzp.bgand on the ODR online dispute resolution platform.

 

 

XI. Applicable law

24. The provisions of the Bulgarian legislation in force apply to the issues not regulated by these GTC. Disputes relating to the use of the website and the services and resources provided therein which can not be settled by mutual agreement or by an ADR body will be referred to the competent Bulgarian court for consideration and resolution.

 

Effective from: 01.04.2019

All rights reserved.