Terms of Use
1. SUBJECT This document represents the general terms or conditions of use of mtylerbg.com and the mtylerbg.com mobile application, which govern the rules for the use of mtylerbg.com and the mtylerbg.com mobile application, including the conclusion of a sales contract with the Seller.
2. SELLER DATA 2.1. "M. TYLER" EOOD is a sole proprietorship with limited liability, with its registered office and management address in Bulgaria, Hristo Smirnenski bl. 30, fl. 13, ap. 59, SOFIA region, SOFIA 1574 EIK: BG200070837 MALL: Biser Mitkov Sotirov
2.2."M. TYLER" Ltd. administers the electronic store mtylerbg.com, in the form of the website mtylerbg.com, as well as the mobile application mtylerbg.com (called “the Platform” for short). a "M. TYLER" Ltd. will be referred to below as MTYLER for brevity.
2.3.You can contact MTYLER at the address indicated above, by phone 0885736363 or by e-mail at [email protected]. The contact phone number is paid. You can find more information about fees in the “CONTACTS“ in the Platform
3. DEFINITIONS 3.1. Buyer – a natural person aged 18 or over, a legal entity or other legal entity that creates an account on the Platform, places an order and concludes a distance purchase-sale contract.
3.2. Seller – "M. TYLER" Ltd., referred to as MTYLER for short
3.3. Site – the e-shop hosted at the web address mtylerbg.com and its subdomains
3.4. The platform – The mtylerbg.com site or mobile application.
3.5. Customer – any natural person over the age of 18, or legal entity, who accesses the Content through the means of communication provided by MTYLER (electronically, telephone, etc.) or under an existing contract of use with MTYLER and who has requested the creation and the use of an Account.
3.6. User – any individual over the age of 16 or legal entity who has registered on the Platform and who, by completing the Account creation process, has given their consent to certain clauses in the General Terms and Conditions section of the Platform.
3.7. Account – a section of the Platform, formed by an email address and password, which allows the Buyer to send an Order and which contains information about the Buyer/User and the history of some of his actions on the Platform (Orders, invoices, etc.). The User is responsible for ensuring that all information entered into the Account is true, complete and up-to-date.
3.8. Favorite products – a section in the account that allows the Buyer/User to create his own lists of Goods and Services that he wishes to monitor in connection with possible purchases by using the service offered by the Seller to monitor Goods and Services through the receipt of Commercial Messages from him.
3.9. List – section in the "Favorite Products" section where the Buyer/User can add products they are interested in
3.10. Cart – a section in the Account that allows the Buyer/User to add Goods or Services that they wish to buy at the time of their addition or at a later stage; in the event that the Goods and Services have not been purchased at the time of their addition by placing an Order, the Buyer / User will benefit from the Seller's service for tracking the Goods and Services by receiving Commercial Messages from the Seller
3.11. Order – an electronic document representing a form of communication between MTYLER and the Client, through which the Client declares to MTYLER, through the Platform, his intention to purchase Goods from the Platform.
3.12. Product(s) / Service(s) – any product or service on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Agreement.
3.13. Campaign – any advertising message aimed at promoting the Platform, the MTYLER brand or certain Goods or Services that are available in limited quantities, unless the commercial message expressly states otherwise, for a certain period of time specified by the Seller.
3.14. Contract – represents a distance contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are the present general conditions for using the Platform.
3.15. Content
• all information on the Platform that is accessible by connecting to the Internet and using an Internet-connected device;
• the content of any message from the Buyer to the Seller sent by electronic means and/or any other available means of communication;
• any information provided, by any means, by an employee/associate of MTYLER to the Client by electronic or other means for its transmission at a distance;
• the information related to the Goods and/or the applied tariffs by the Seller in a certain period of time;
• the information concerning the Customers and related to the Goods and/or the applicable tariffs from third parties with whom the Seller has entered into some form of partnership agreements;
•data about the Seller.
3.16. Commercial messages – any type of message sent via electronic communication channels (such as e-mail, SMTYLER, mobile device push / web push, etc.) containing general and topical information, information about similar or relevant products to those being purchased, information about offers or promotions , information about the Goods and Services added to the “Account/ My Cart” or in the “Account/Favorites” section, as well as other commercial communications such as market and consumer research.
3.17. Transaction – the action by MTYLER to refund an amount paid by the Buyer as a result of cancellation, termination, refusal or non-conclusion of a purchase and sale contract through the Platform, carried out only by bank transfer.
3.18. Specifications – all characteristics and/or descriptions of the Goods as set out in their description.
3.20. “Quick order” – payment service provided by MTYLER for mobile devices with Android and iOS operating systems and for the mtylerbg.com site, accessible through a mobile or stationary computer device, representing a payment system that is integrated into the mtylerbg.com mobile application and the mtylerbg site. com and is available to Buyers through which they can make a debit or credit card payment online and which service can be activated through the mtylerbg.com mobile application or the mtylerbg.com website.
4. GENERAL
4.1. The MTYLER General Terms and Conditions bind all Clients/Buyers/Users of the Platform.
4.2. Any use of the Platform means that You (a) have read carefully the general terms of use and (b) have agreed to abide by them unconditionally.
4.3.MTYLER reserves the right to update and amend the Platform Terms and Conditions from time to time to reflect any changes to the way the website operates and terms or any changes to legal requirements. The document may be opposed by the Clients/Users/Purchasers from the moment it is published on the Platform. In the event of such a change, we will post the amended version of the Document on the Platform, so please check the contents of this Document periodically. The general terms and conditions that were in force at the time of the conclusion of the distance contract between the Buyer and the Seller apply to each transaction through the Platform.
4.4.If any of the provisions of these general terms of use of the Platform are found to be invalid or unenforceable, regardless of the reason for this, this does not entail the invalidity or unenforceability of the remaining provisions.
4.5. MTYLER makes every effort to maintain the accuracy of the information presented on the Platform. However, given the possible technical errors or omissions in this information, MTYLER specifies that the images of the products are illustrative and indicative in nature, accordingly the delivered products may differ from the images.
4.6. It is possible that, due to limited space and the sequential structure of the information, the product descriptions are sometimes incomplete. However, at MTYLER we strive to provide the most relevant and relevant information.
4.7. All goods, including those on promotion/discount, are sold and delivered while supplies last, even if this is not explicitly stated on the Platform.
4.8. The Platform may contain links to other sites. MTYLER is not responsible for the privacy policy of websites it does not administer, and for other information contained therein.
5. SIGNING A CONTRACT
5.1. The Customer declares his desire to order and buy the Goods through the Platform by placing an Order electronically or by telephone and which is accordingly registered by himself or by an employee of MTYLER on his behalf.
5.2. MTYLER will send a notification to the Customer to register the Order in his system, which does not mean acceptance, confirmation or commitment to its execution. MTYLER makes this notification electronically (email) or by phone.
5.3. Therefore, the Seller has the right not to deliver part or all of the Products from the Order for various objective reasons, including but not limited to the exhaustion of their stock. In all cases, MTYLER notifies the Customer of this by e-mail or by telephone. In this situation, the sole responsibility of the Seller is to return any previously received price of the Product.
5.4. The distance sales contract between the Seller and the Buyer is considered to be concluded at the moment of receipt by the Buyer of his e-mail and/or via SMTYLER sent to his phone as a notification that the Product of the Order is ready for shipment.
5.5. The sales contract concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between them.
6. ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering an Order is allowed to any User.
6.2. MTYLER reserves the right, at its sole discretion, to restrict access to this and being a User/Purchaser pending completion of an Order and/or to any of the available payment methods if you believe that this would be detrimental to MTYLER in any way. In this situation, the Customer's only right is to contact Mtylerbg of MTYLER to be informed about the reasons that led to the implementation of the above measures. MTYLER shall not be liable for any damages that the Customer has suffered or may suffer as a result of this decision, regardless of its correctness or validity.
6.3. Communication with the Seller can be carried out by direct contact with him or by the contact methods specified on the Platform in the “CONTACTS” section.
6.4. In case of unusually high traffic on the Internet, MTYLER reserves the right to require the Clients to manually enter the validating captcha codes, in order to protect the information published on the Platform.
6.5. MTYLER may publish advertising or promotional information about the Goods and/or Services for the promotions it offers on the Platform, for a certain period of time.
6.6. All prices of the Goods on the Platform are final, announced in BGN (BGN) including VAT and all other taxes or fees required by law.
6.7. In the case of online or bank payments, the Seller is not responsible for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in cases of currency exchange, applied by the bank that issued the client's card in cases where the currency is different from BGN. Payment by card to MTYLER is accepted as an international payment by banks in Bulgaria and according to their rules for working with cards and card payments, some banks charge additional fees for such transactions. The costs related to such payments are solely for the account of the Buyer. MTYLER therefore advises its customers to check with their bank for possible additional fees that could be charged to them for online or bank payments.
6.8. All images placed on the Platform are only intended to create some idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Product. Seller shall not be liable for such discrepancies.
7. USE OF SUBCONTRACTORS
The Seller has the right to use subcontractors for the performance of its obligations under the distance purchase contract concluded through the Platform without the need to notify or obtain the Buyer's consent for this. The Seller will be responsible for the actions of these subcontractors as its own.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The content, as defined in the "Definitions" chapter, including but not limited to the logos, any graphic images or inscriptions, commercial symbols, dynamic symbols, texts and/or multimedia content of the Platform, are the exclusive property of MTYLER.
8.2. MTYLER owns and retains all intellectual property rights related in any way to the Platform, whether owned by MTYLER or obtained through contractual licenses or in any other lawful manner.
8.3. Nothing in the remote contract concluded between MTYLER and the Purchaser shall be deemed to authorize MTYLER to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including but not only the content of the trademarks, logos, multimedia content of the Platform or descriptions of the Products in any way, including by introducing any content external to the Platform, removing the signs indicating MTYLER's ownership of the Content. The customer has no right to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of MTYLER.
8.4. The Customer may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this does not conflict with the provisions of this chapter of this document.
8.5. The Customer is entitled to use the Content for commercial purposes only and only if it has received the written consent of MTYLER to do so and only to the part of the Content, to the manner and extent of its use, as well as within the time limits for which such consent is expressly given . Any subsequent or different use of the Content will be considered a breach of this agreement between MTYLER and the Client and an infringement of MTYLER's intellectual property rights, which shall be entitled to hold the Client responsible for it.
8.6.MTYLER's mere sending to the Customer or reference to the Content or parts thereof by MTYLER shall not be deemed an agreement by MTYLER to allow the Customer to use the Content or parts thereof for its own purposes other than its personal needs, regardless of the means for communication used by MTYLER.
8.7. Any use of the Content for any purpose other than as expressly permitted in these terms and conditions or as otherwise expressly permitted in writing by MTYLER is prohibited.
9. ORDER 9.1. The Customer may place Orders on the Platform by adding the desired Products for purchases, following the steps indicated on the Platform to complete and submit the relevant Order.
9.2. Any Item added to the Cart can be purchased if available. Adding the Product to the Shopping Cart without completing the Order does not lead to the registration of the order and the automatic saving of the Product.
9.3. By confirming the Order, MTYLER confirms the delivery of only one quantity of the relevant Product in the registered order. The remaining units of the Product model in question will be further confirmed or declined depending on available quantities.
9.4.The Customer undertakes and is responsible for ensuring that all data provided to MTYLER in connection with the Order are true, complete and accurate as of the date of dispatch of the order. The customer authorizes MTYLER to provide this data to the relevant subcontractor through whom MTYLER will fulfill the order.
9.5. By sending the order, the Client/Buyer allows MTYLER to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.
9.6. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer, of which he should notify the Customer. The cancellation of the order does not entail any responsibility or subsequent obligation of either party towards the other in connection with it and accordingly none of them has the right to seek compensation from the other for its cancellation in the following cases:
• non-acceptance by the Client's issuing bank of the transaction for online payment;
• execution of the monetary transaction, which does not lead to the receipt of funds to the Seller's account during online payments;
• the data provided by the Client in the Platform is incomplete and/or wrong;
• The Seller has made three unsuccessful attempts to deliver the Product ordered by the Customer.
9.7. The Buyer will bear all direct costs of returning the Products offered by MTYLER in the event that it withdraws from the Distance Contract and does so within the withdrawal period provided by MTYLER. This term begins to run from the date of receipt of the purchased Product by the Buyer or a third party other than the carrier. The Customer should return the Goods to the address from which it was sent or to the address indicated by the seller, while notifying the Seller about this at [email protected] and on the phone number indicated on the Site. The Buyer may also return the Product(s) by filling out the MTYLER electronic form located in the “My Profile” section. In this case, a courier sent by MTYLER will pick up the Goods from the address specified by the buyer, or they will be sent from the office of the courier company specified by the seller, and the buyer shall pay for this service a fee equal to the cost of the courier service. One such return form may contain Goods from only one Order. The return fee will be deducted from the amount that MTYLER will refund to the Customer for the returned Goods.
9.8. The Seller undertakes to refund the price paid under the Contract concluded at a distance, which the Buyer has refused within 14 (fourteen) days from the date on which evidence is received from the Buyer that the latter has returned the relevant Goods. The amount will be refunded as follows without incurring any additional costs to the Buyer using the same means of payment used by the Buyer in the original transaction, unless the Buyer has expressed his express consent to use another means of payment.
9.9. All Buyers have the right to withdraw from the distance contract and return goods in relation to the goods offered by MTYLER, provided that when more than one item of a given make and model of goods has been ordered, the packaging of only one product has been unsealed , and the rest to be returned to the Seller sealed.
9.10. By creating an Account, the Customer has the opportunity to use a section called “Favorite Products”, where he can create Lists.
10. GOODS/SERVICES FOR WHICH THE BUYER HAS NO RIGHT OF REFUSAL
The buyer has no right to withdraw from the concluded Agreement in the following cases:
• upon delivery of goods, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the Seller and which may occur during the period for exercising the right of withdrawal;
• upon delivery of Products made to the Buyer's order or according to his individual requirements;
• upon delivery of Products which, due to their nature, may deteriorate in quality or have a short shelf life;
• upon delivery of sealed Products that have been unsealed after their delivery and cannot be returned due to considerations related to hygiene or health protection; (swimsuits, underwear, etc.)
• upon delivery of Products which, after they have been delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
• in all other cases provided by law.
11. CONFIDENTIALITY
11.1. The Customer/User agrees that by providing any of his personal or other data to MTYLER, he agrees that it may be used by the latter for the following purposes:
(1) maintaining the Client/User account, including registering orders, shipping ordered products, performing the ordered services, invoicing, resolving disputes with Clients/Users/Buyers regarding their Orders or handling their requests;
(2) sending Commercial messages or periodic notifications by e-mail or through MTYLER;
(3) conducting market research, tracking and monitoring sales and customer/consumer behavior.
11.2. The Customer/User/Buyer agrees to grant MTYLER unlimited volume and time access to any materials and information it sends to the Seller through or in connection with the Platform, regardless of whether it has placed an Order and transacted through the Platform. MTYLER has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The customer expressly agrees that MTYLER may freely use and process for its own purposes the ideas, concepts or know-how, which the Customer has provided to him in any way through or in connection with the Platform or the actions/inactions which the Customer has carried out through or in connection with the Platform. MTYLER is under no obligation to keep the information so obtained as confidential, to the extent that it is not required to do so by applicable law.
11.3. By providing his data to MTYLER (including e-mail and telephone), the Client / User / Buyer gives his express consent to be contacted by MTYLER or third parties, FD partners who are couriers, marketing service providers, state, municipal or non-governmental agencies or companies from the field of insurance or financial services, when this is provided by the specific legislation, as well as other companies with which MTYLER can develop joint programs for offering the Goods on the market, etc.
11.4. By providing their personal data to MTYLER, the Client/User/Purchaser gives their express consent to have them included in MTYLER's database, registered according to the Bulgarian legislation for the processing of personal data and gives their express and unequivocal consent to these data being stored, used and processed according to the purposes mentioned in item 11.1.
12. COMMERCIAL ANNOUNCEMENTS
12.1. At the moment when the Customer creates an account on the Platform, he has the opportunity to express his agreement to the general terms and conditions of the site for receiving Commercial Messages.
12.2. The Buyer/User may withdraw their consent given to the Seller to receive Commercial Communications, which refusal may be expressed at any time by deleting their account or by contacting the Seller.
12.3. The refusal to receive Commercial Messages does not mean an automatic refusal of the given consent to enter into this contract.
12.4. After adding Goods or Services in the following section in the Account:
12.4.1. „My cart“, the Seller will inform the Buyer / User about:
• Changing the price of the Goods or Services in the "My Cart" section“
• Recommendations for Goods that are similar to those added to the "My Cart" section“
• Availability of Goods in the "My Cart" section“
12.4.2. „Favorites“, the Seller will notify the Buyer / User about:
• Changing the price of the Goods or Services added to the "Favorites" section“
• recommendations for Goods or Services similar to those added in the “Favorites“
• Availability of Goods
12.5. After the purchase of the Product or Service, MTYLER may send the Buyer / User commercial messages regarding:
• Offers for Goods or Services recommended to be used in conjunction with the purchased Good or Service
12.6. The Client / User can unsubscribe at any time from receiving Commercial Messages according to Art. 12.2 above by deleting your account or sending a message to MTYLER.
12.7. In addition, we may use your data for market and consumer research.
13. INVOICING – PAYMENT
13.1. The prices of the Goods announced on the Platform are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.
13.2. The price, method of payment and payment term for issuing invoices are specified in each Order.
13.3.
13.4. In the event that more than one address is stored in the User's account, the delivery will be sent to the one indicated as the main one.
13.5. The buyer is obliged to provide all the necessary information for issuing the invoice in accordance with the current Bulgarian legislation.
13.6. The Seller will issue an invoice to the Buyer for the ordered and delivered Products based on the information provided by the Buyer.
13.7. Mtylerbg issues an invoice for each payment under an Order through which the Buyer has purchased a Product offered on the Platform by Mtylerbg. Buyer is welcome to receive such invoice electronically by providing an email. In the event that these payment documents do not reach you, please notify us at the email address: [email protected]
13.8. In order to correctly draw up the invoice for the relevant Order, the Customer/User is obliged to continuously update the data in his account. He must review the information provided in the relevant Order to ensure that it is complete, true and accurate.
14. STOCK DELIVERY
14.1. The Seller undertakes to deliver the ordered and purchased Products himself or through a courier company or own transport to an address specified by the Buyer or to an office of the courier company, depending on the Buyer's choice.
14.2. The Seller will ensure the proper packaging of the Products and the dispatch of the accompanying documents. If by any chance the shipment does not contain a document required for the ordered product, please contact us at [email protected] and we will do our best to provide it to you as quickly as possible.
14.3. The terms of delivery for the products offered by Mtylerbg can be found on the info page of the "Delivery and Payment" Platform;.
15. WARRANTIES
15.1. The Seller offers all Goods on the Platform with a guarantee of compliance of the goods with the Contract in accordance with the current legislation. You exclude certain categories of goods which, due to their nature, cannot have a guarantee.
15.2. Regarding claims and complaints related to the purchased goods and/or service, Buyers should contact Mtylerbg at the contact details specified in these General Terms and Conditions. Any buyer can also make a complaint by filling out the standard form to facilitate the exercise of the right of withdrawal under the Consumer Protection Act and sending it by e-mail. You can copy the form from here:
STANDARD FORM FOR EXERCISE RIGHT OF WITHDRAWAL
To ………………………
/merchant name/
……………………………………………………………………..
/address, EIK/
I hereby give notice that I withdraw from my contract for the purchase of the following goods/services:
…………………………………………………. /Description of the product/
The goods were ordered on ………………….
The goods were received on …………………. /the date of receipt by the user is indicated/
………………………………………………………………………../Username/
гр./с……………………………………………………………. /User address/
………………. …………………………….
/Date/ /User signature
16. TRANSFER OF OWNERSHIP Ownership of the Goods will be transferred by the Seller upon their delivery to the Buyer, upon payment by the Buyer. Delivery of the Goods will be certified by the Buyer's signature on the transport document provided by the courier.
17. LIABILITY The Seller shall not be liable for any damages suffered by the Buyer as a result of force majeure or circumstances beyond the Seller's control.
18. PROCESSING OF PERSONAL DATA. Please review the privacy policy.
19. USE OF COOKIES. Please review the cookie policy
20.FORCE MAJEURE CIRCUMSTANCES
21.1. Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties that cannot be avoided.
22.2. If, within 14 (fourteen) days from the date of the relevant event, it does not stop, each party has the right to notify the other party that it is terminating the Agreement without owing the other party compensation for any possible damages suffered.
23. APPLICABLE LAW – JURISDICTION This contract is subject to Bulgarian legislation. Any disputes arising between MTYLER and the Clients will be resolved by mutual agreement or if this is impossible, the disputes will be resolved before the competent Bulgarian courts, without violating the rights of consumers in the sense of the Consumer Protection Act according to Art. 18 of the Regulation 1215/2012.
2. SELLER DATA 2.1. "M. TYLER" EOOD is a sole proprietorship with limited liability, with its registered office and management address in Bulgaria, Hristo Smirnenski bl. 30, fl. 13, ap. 59, SOFIA region, SOFIA 1574 EIK: BG200070837 MALL: Biser Mitkov Sotirov
2.2."M. TYLER" Ltd. administers the electronic store mtylerbg.com, in the form of the website mtylerbg.com, as well as the mobile application mtylerbg.com (called “the Platform” for short). a "M. TYLER" Ltd. will be referred to below as MTYLER for brevity.
2.3.You can contact MTYLER at the address indicated above, by phone 0885736363 or by e-mail at [email protected]. The contact phone number is paid. You can find more information about fees in the “CONTACTS“ in the Platform
3. DEFINITIONS 3.1. Buyer – a natural person aged 18 or over, a legal entity or other legal entity that creates an account on the Platform, places an order and concludes a distance purchase-sale contract.
3.2. Seller – "M. TYLER" Ltd., referred to as MTYLER for short
3.3. Site – the e-shop hosted at the web address mtylerbg.com and its subdomains
3.4. The platform – The mtylerbg.com site or mobile application.
3.5. Customer – any natural person over the age of 18, or legal entity, who accesses the Content through the means of communication provided by MTYLER (electronically, telephone, etc.) or under an existing contract of use with MTYLER and who has requested the creation and the use of an Account.
3.6. User – any individual over the age of 16 or legal entity who has registered on the Platform and who, by completing the Account creation process, has given their consent to certain clauses in the General Terms and Conditions section of the Platform.
3.7. Account – a section of the Platform, formed by an email address and password, which allows the Buyer to send an Order and which contains information about the Buyer/User and the history of some of his actions on the Platform (Orders, invoices, etc.). The User is responsible for ensuring that all information entered into the Account is true, complete and up-to-date.
3.8. Favorite products – a section in the account that allows the Buyer/User to create his own lists of Goods and Services that he wishes to monitor in connection with possible purchases by using the service offered by the Seller to monitor Goods and Services through the receipt of Commercial Messages from him.
3.9. List – section in the "Favorite Products" section where the Buyer/User can add products they are interested in
3.10. Cart – a section in the Account that allows the Buyer/User to add Goods or Services that they wish to buy at the time of their addition or at a later stage; in the event that the Goods and Services have not been purchased at the time of their addition by placing an Order, the Buyer / User will benefit from the Seller's service for tracking the Goods and Services by receiving Commercial Messages from the Seller
3.11. Order – an electronic document representing a form of communication between MTYLER and the Client, through which the Client declares to MTYLER, through the Platform, his intention to purchase Goods from the Platform.
3.12. Product(s) / Service(s) – any product or service on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Agreement.
3.13. Campaign – any advertising message aimed at promoting the Platform, the MTYLER brand or certain Goods or Services that are available in limited quantities, unless the commercial message expressly states otherwise, for a certain period of time specified by the Seller.
3.14. Contract – represents a distance contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are the present general conditions for using the Platform.
3.15. Content
• all information on the Platform that is accessible by connecting to the Internet and using an Internet-connected device;
• the content of any message from the Buyer to the Seller sent by electronic means and/or any other available means of communication;
• any information provided, by any means, by an employee/associate of MTYLER to the Client by electronic or other means for its transmission at a distance;
• the information related to the Goods and/or the applied tariffs by the Seller in a certain period of time;
• the information concerning the Customers and related to the Goods and/or the applicable tariffs from third parties with whom the Seller has entered into some form of partnership agreements;
•data about the Seller.
3.16. Commercial messages – any type of message sent via electronic communication channels (such as e-mail, SMTYLER, mobile device push / web push, etc.) containing general and topical information, information about similar or relevant products to those being purchased, information about offers or promotions , information about the Goods and Services added to the “Account/ My Cart” or in the “Account/Favorites” section, as well as other commercial communications such as market and consumer research.
3.17. Transaction – the action by MTYLER to refund an amount paid by the Buyer as a result of cancellation, termination, refusal or non-conclusion of a purchase and sale contract through the Platform, carried out only by bank transfer.
3.18. Specifications – all characteristics and/or descriptions of the Goods as set out in their description.
3.20. “Quick order” – payment service provided by MTYLER for mobile devices with Android and iOS operating systems and for the mtylerbg.com site, accessible through a mobile or stationary computer device, representing a payment system that is integrated into the mtylerbg.com mobile application and the mtylerbg site. com and is available to Buyers through which they can make a debit or credit card payment online and which service can be activated through the mtylerbg.com mobile application or the mtylerbg.com website.
4. GENERAL
4.1. The MTYLER General Terms and Conditions bind all Clients/Buyers/Users of the Platform.
4.2. Any use of the Platform means that You (a) have read carefully the general terms of use and (b) have agreed to abide by them unconditionally.
4.3.MTYLER reserves the right to update and amend the Platform Terms and Conditions from time to time to reflect any changes to the way the website operates and terms or any changes to legal requirements. The document may be opposed by the Clients/Users/Purchasers from the moment it is published on the Platform. In the event of such a change, we will post the amended version of the Document on the Platform, so please check the contents of this Document periodically. The general terms and conditions that were in force at the time of the conclusion of the distance contract between the Buyer and the Seller apply to each transaction through the Platform.
4.4.If any of the provisions of these general terms of use of the Platform are found to be invalid or unenforceable, regardless of the reason for this, this does not entail the invalidity or unenforceability of the remaining provisions.
4.5. MTYLER makes every effort to maintain the accuracy of the information presented on the Platform. However, given the possible technical errors or omissions in this information, MTYLER specifies that the images of the products are illustrative and indicative in nature, accordingly the delivered products may differ from the images.
4.6. It is possible that, due to limited space and the sequential structure of the information, the product descriptions are sometimes incomplete. However, at MTYLER we strive to provide the most relevant and relevant information.
4.7. All goods, including those on promotion/discount, are sold and delivered while supplies last, even if this is not explicitly stated on the Platform.
4.8. The Platform may contain links to other sites. MTYLER is not responsible for the privacy policy of websites it does not administer, and for other information contained therein.
5. SIGNING A CONTRACT
5.1. The Customer declares his desire to order and buy the Goods through the Platform by placing an Order electronically or by telephone and which is accordingly registered by himself or by an employee of MTYLER on his behalf.
5.2. MTYLER will send a notification to the Customer to register the Order in his system, which does not mean acceptance, confirmation or commitment to its execution. MTYLER makes this notification electronically (email) or by phone.
5.3. Therefore, the Seller has the right not to deliver part or all of the Products from the Order for various objective reasons, including but not limited to the exhaustion of their stock. In all cases, MTYLER notifies the Customer of this by e-mail or by telephone. In this situation, the sole responsibility of the Seller is to return any previously received price of the Product.
5.4. The distance sales contract between the Seller and the Buyer is considered to be concluded at the moment of receipt by the Buyer of his e-mail and/or via SMTYLER sent to his phone as a notification that the Product of the Order is ready for shipment.
5.5. The sales contract concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between them.
6. ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering an Order is allowed to any User.
6.2. MTYLER reserves the right, at its sole discretion, to restrict access to this and being a User/Purchaser pending completion of an Order and/or to any of the available payment methods if you believe that this would be detrimental to MTYLER in any way. In this situation, the Customer's only right is to contact Mtylerbg of MTYLER to be informed about the reasons that led to the implementation of the above measures. MTYLER shall not be liable for any damages that the Customer has suffered or may suffer as a result of this decision, regardless of its correctness or validity.
6.3. Communication with the Seller can be carried out by direct contact with him or by the contact methods specified on the Platform in the “CONTACTS” section.
6.4. In case of unusually high traffic on the Internet, MTYLER reserves the right to require the Clients to manually enter the validating captcha codes, in order to protect the information published on the Platform.
6.5. MTYLER may publish advertising or promotional information about the Goods and/or Services for the promotions it offers on the Platform, for a certain period of time.
6.6. All prices of the Goods on the Platform are final, announced in BGN (BGN) including VAT and all other taxes or fees required by law.
6.7. In the case of online or bank payments, the Seller is not responsible for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in cases of currency exchange, applied by the bank that issued the client's card in cases where the currency is different from BGN. Payment by card to MTYLER is accepted as an international payment by banks in Bulgaria and according to their rules for working with cards and card payments, some banks charge additional fees for such transactions. The costs related to such payments are solely for the account of the Buyer. MTYLER therefore advises its customers to check with their bank for possible additional fees that could be charged to them for online or bank payments.
6.8. All images placed on the Platform are only intended to create some idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Product. Seller shall not be liable for such discrepancies.
7. USE OF SUBCONTRACTORS
The Seller has the right to use subcontractors for the performance of its obligations under the distance purchase contract concluded through the Platform without the need to notify or obtain the Buyer's consent for this. The Seller will be responsible for the actions of these subcontractors as its own.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The content, as defined in the "Definitions" chapter, including but not limited to the logos, any graphic images or inscriptions, commercial symbols, dynamic symbols, texts and/or multimedia content of the Platform, are the exclusive property of MTYLER.
8.2. MTYLER owns and retains all intellectual property rights related in any way to the Platform, whether owned by MTYLER or obtained through contractual licenses or in any other lawful manner.
8.3. Nothing in the remote contract concluded between MTYLER and the Purchaser shall be deemed to authorize MTYLER to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including but not only the content of the trademarks, logos, multimedia content of the Platform or descriptions of the Products in any way, including by introducing any content external to the Platform, removing the signs indicating MTYLER's ownership of the Content. The customer has no right to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of MTYLER.
8.4. The Customer may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this does not conflict with the provisions of this chapter of this document.
8.5. The Customer is entitled to use the Content for commercial purposes only and only if it has received the written consent of MTYLER to do so and only to the part of the Content, to the manner and extent of its use, as well as within the time limits for which such consent is expressly given . Any subsequent or different use of the Content will be considered a breach of this agreement between MTYLER and the Client and an infringement of MTYLER's intellectual property rights, which shall be entitled to hold the Client responsible for it.
8.6.MTYLER's mere sending to the Customer or reference to the Content or parts thereof by MTYLER shall not be deemed an agreement by MTYLER to allow the Customer to use the Content or parts thereof for its own purposes other than its personal needs, regardless of the means for communication used by MTYLER.
8.7. Any use of the Content for any purpose other than as expressly permitted in these terms and conditions or as otherwise expressly permitted in writing by MTYLER is prohibited.
9. ORDER 9.1. The Customer may place Orders on the Platform by adding the desired Products for purchases, following the steps indicated on the Platform to complete and submit the relevant Order.
9.2. Any Item added to the Cart can be purchased if available. Adding the Product to the Shopping Cart without completing the Order does not lead to the registration of the order and the automatic saving of the Product.
9.3. By confirming the Order, MTYLER confirms the delivery of only one quantity of the relevant Product in the registered order. The remaining units of the Product model in question will be further confirmed or declined depending on available quantities.
9.4.The Customer undertakes and is responsible for ensuring that all data provided to MTYLER in connection with the Order are true, complete and accurate as of the date of dispatch of the order. The customer authorizes MTYLER to provide this data to the relevant subcontractor through whom MTYLER will fulfill the order.
9.5. By sending the order, the Client/Buyer allows MTYLER to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.
9.6. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer, of which he should notify the Customer. The cancellation of the order does not entail any responsibility or subsequent obligation of either party towards the other in connection with it and accordingly none of them has the right to seek compensation from the other for its cancellation in the following cases:
• non-acceptance by the Client's issuing bank of the transaction for online payment;
• execution of the monetary transaction, which does not lead to the receipt of funds to the Seller's account during online payments;
• the data provided by the Client in the Platform is incomplete and/or wrong;
• The Seller has made three unsuccessful attempts to deliver the Product ordered by the Customer.
9.7. The Buyer will bear all direct costs of returning the Products offered by MTYLER in the event that it withdraws from the Distance Contract and does so within the withdrawal period provided by MTYLER. This term begins to run from the date of receipt of the purchased Product by the Buyer or a third party other than the carrier. The Customer should return the Goods to the address from which it was sent or to the address indicated by the seller, while notifying the Seller about this at [email protected] and on the phone number indicated on the Site. The Buyer may also return the Product(s) by filling out the MTYLER electronic form located in the “My Profile” section. In this case, a courier sent by MTYLER will pick up the Goods from the address specified by the buyer, or they will be sent from the office of the courier company specified by the seller, and the buyer shall pay for this service a fee equal to the cost of the courier service. One such return form may contain Goods from only one Order. The return fee will be deducted from the amount that MTYLER will refund to the Customer for the returned Goods.
9.8. The Seller undertakes to refund the price paid under the Contract concluded at a distance, which the Buyer has refused within 14 (fourteen) days from the date on which evidence is received from the Buyer that the latter has returned the relevant Goods. The amount will be refunded as follows without incurring any additional costs to the Buyer using the same means of payment used by the Buyer in the original transaction, unless the Buyer has expressed his express consent to use another means of payment.
9.9. All Buyers have the right to withdraw from the distance contract and return goods in relation to the goods offered by MTYLER, provided that when more than one item of a given make and model of goods has been ordered, the packaging of only one product has been unsealed , and the rest to be returned to the Seller sealed.
9.10. By creating an Account, the Customer has the opportunity to use a section called “Favorite Products”, where he can create Lists.
10. GOODS/SERVICES FOR WHICH THE BUYER HAS NO RIGHT OF REFUSAL
The buyer has no right to withdraw from the concluded Agreement in the following cases:
• upon delivery of goods, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the Seller and which may occur during the period for exercising the right of withdrawal;
• upon delivery of Products made to the Buyer's order or according to his individual requirements;
• upon delivery of Products which, due to their nature, may deteriorate in quality or have a short shelf life;
• upon delivery of sealed Products that have been unsealed after their delivery and cannot be returned due to considerations related to hygiene or health protection; (swimsuits, underwear, etc.)
• upon delivery of Products which, after they have been delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
• in all other cases provided by law.
11. CONFIDENTIALITY
11.1. The Customer/User agrees that by providing any of his personal or other data to MTYLER, he agrees that it may be used by the latter for the following purposes:
(1) maintaining the Client/User account, including registering orders, shipping ordered products, performing the ordered services, invoicing, resolving disputes with Clients/Users/Buyers regarding their Orders or handling their requests;
(2) sending Commercial messages or periodic notifications by e-mail or through MTYLER;
(3) conducting market research, tracking and monitoring sales and customer/consumer behavior.
11.2. The Customer/User/Buyer agrees to grant MTYLER unlimited volume and time access to any materials and information it sends to the Seller through or in connection with the Platform, regardless of whether it has placed an Order and transacted through the Platform. MTYLER has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The customer expressly agrees that MTYLER may freely use and process for its own purposes the ideas, concepts or know-how, which the Customer has provided to him in any way through or in connection with the Platform or the actions/inactions which the Customer has carried out through or in connection with the Platform. MTYLER is under no obligation to keep the information so obtained as confidential, to the extent that it is not required to do so by applicable law.
11.3. By providing his data to MTYLER (including e-mail and telephone), the Client / User / Buyer gives his express consent to be contacted by MTYLER or third parties, FD partners who are couriers, marketing service providers, state, municipal or non-governmental agencies or companies from the field of insurance or financial services, when this is provided by the specific legislation, as well as other companies with which MTYLER can develop joint programs for offering the Goods on the market, etc.
11.4. By providing their personal data to MTYLER, the Client/User/Purchaser gives their express consent to have them included in MTYLER's database, registered according to the Bulgarian legislation for the processing of personal data and gives their express and unequivocal consent to these data being stored, used and processed according to the purposes mentioned in item 11.1.
12. COMMERCIAL ANNOUNCEMENTS
12.1. At the moment when the Customer creates an account on the Platform, he has the opportunity to express his agreement to the general terms and conditions of the site for receiving Commercial Messages.
12.2. The Buyer/User may withdraw their consent given to the Seller to receive Commercial Communications, which refusal may be expressed at any time by deleting their account or by contacting the Seller.
12.3. The refusal to receive Commercial Messages does not mean an automatic refusal of the given consent to enter into this contract.
12.4. After adding Goods or Services in the following section in the Account:
12.4.1. „My cart“, the Seller will inform the Buyer / User about:
• Changing the price of the Goods or Services in the "My Cart" section“
• Recommendations for Goods that are similar to those added to the "My Cart" section“
• Availability of Goods in the "My Cart" section“
12.4.2. „Favorites“, the Seller will notify the Buyer / User about:
• Changing the price of the Goods or Services added to the "Favorites" section“
• recommendations for Goods or Services similar to those added in the “Favorites“
• Availability of Goods
12.5. After the purchase of the Product or Service, MTYLER may send the Buyer / User commercial messages regarding:
• Offers for Goods or Services recommended to be used in conjunction with the purchased Good or Service
12.6. The Client / User can unsubscribe at any time from receiving Commercial Messages according to Art. 12.2 above by deleting your account or sending a message to MTYLER.
12.7. In addition, we may use your data for market and consumer research.
13. INVOICING – PAYMENT
13.1. The prices of the Goods announced on the Platform are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.
13.2. The price, method of payment and payment term for issuing invoices are specified in each Order.
13.3.
13.4. In the event that more than one address is stored in the User's account, the delivery will be sent to the one indicated as the main one.
13.5. The buyer is obliged to provide all the necessary information for issuing the invoice in accordance with the current Bulgarian legislation.
13.6. The Seller will issue an invoice to the Buyer for the ordered and delivered Products based on the information provided by the Buyer.
13.7. Mtylerbg issues an invoice for each payment under an Order through which the Buyer has purchased a Product offered on the Platform by Mtylerbg. Buyer is welcome to receive such invoice electronically by providing an email. In the event that these payment documents do not reach you, please notify us at the email address: [email protected]
13.8. In order to correctly draw up the invoice for the relevant Order, the Customer/User is obliged to continuously update the data in his account. He must review the information provided in the relevant Order to ensure that it is complete, true and accurate.
14. STOCK DELIVERY
14.1. The Seller undertakes to deliver the ordered and purchased Products himself or through a courier company or own transport to an address specified by the Buyer or to an office of the courier company, depending on the Buyer's choice.
14.2. The Seller will ensure the proper packaging of the Products and the dispatch of the accompanying documents. If by any chance the shipment does not contain a document required for the ordered product, please contact us at [email protected] and we will do our best to provide it to you as quickly as possible.
14.3. The terms of delivery for the products offered by Mtylerbg can be found on the info page of the "Delivery and Payment" Platform;.
15. WARRANTIES
15.1. The Seller offers all Goods on the Platform with a guarantee of compliance of the goods with the Contract in accordance with the current legislation. You exclude certain categories of goods which, due to their nature, cannot have a guarantee.
15.2. Regarding claims and complaints related to the purchased goods and/or service, Buyers should contact Mtylerbg at the contact details specified in these General Terms and Conditions. Any buyer can also make a complaint by filling out the standard form to facilitate the exercise of the right of withdrawal under the Consumer Protection Act and sending it by e-mail. You can copy the form from here:
STANDARD FORM FOR EXERCISE RIGHT OF WITHDRAWAL
To ………………………
/merchant name/
……………………………………………………………………..
/address, EIK/
I hereby give notice that I withdraw from my contract for the purchase of the following goods/services:
…………………………………………………. /Description of the product/
The goods were ordered on ………………….
The goods were received on …………………. /the date of receipt by the user is indicated/
………………………………………………………………………../Username/
гр./с……………………………………………………………. /User address/
………………. …………………………….
/Date/ /User signature
16. TRANSFER OF OWNERSHIP Ownership of the Goods will be transferred by the Seller upon their delivery to the Buyer, upon payment by the Buyer. Delivery of the Goods will be certified by the Buyer's signature on the transport document provided by the courier.
17. LIABILITY The Seller shall not be liable for any damages suffered by the Buyer as a result of force majeure or circumstances beyond the Seller's control.
18. PROCESSING OF PERSONAL DATA. Please review the privacy policy.
19. USE OF COOKIES. Please review the cookie policy
20.FORCE MAJEURE CIRCUMSTANCES
21.1. Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties that cannot be avoided.
22.2. If, within 14 (fourteen) days from the date of the relevant event, it does not stop, each party has the right to notify the other party that it is terminating the Agreement without owing the other party compensation for any possible damages suffered.
23. APPLICABLE LAW – JURISDICTION This contract is subject to Bulgarian legislation. Any disputes arising between MTYLER and the Clients will be resolved by mutual agreement or if this is impossible, the disputes will be resolved before the competent Bulgarian courts, without violating the rights of consumers in the sense of the Consumer Protection Act according to Art. 18 of the Regulation 1215/2012.