With the following General condition is regulated the relationship between Nekrato Ltd., as a provider, and its customers, as users of the web site of the provider matraciparadise.com
1.1 INFORMATION about the provider according to the Electronic Commerce Act and the the Consumer Protection Act
Name: Nekrato Ltd.
Head office: Sofia, Dianabad District, block 20А, ent. 3, fl. 8, ap. 55
Correspondance Address: Sofia, 1830 Buhovo, 104 Mina Str.
e-mail: [email protected], phone: +359 897 912 448
Entries in public registers: Commercial Register at the Agency of Entries – EIK 13165723, Register of the Administrators of Personal Data - № 0025459; Registration under the Law on VAT: BG131065723
1.2. The user declares that he/ she is aware of these Genaral Conditions and unconditionally agrees with them clicking on any of the links, buttons, pictures or application, placed on this page (application).
1.3. Mattresses Paradise reserves its right to change the design of matraciparadise.com and its content (models, materials, prices and guaranty conditions) as well as these General Conditions at any time. Mattresses Paradise is not responsible for spelling and typing errors. It is possible that there are visual differences between products and pictures in the site. The changes become valid at the moment of their completion/ publishing on matraciparadise.com. Prices of the products are in levs with included VAT.
Terms, used in these General Conditions, have the following meaning:
Internet site is the set of internet pages with a common title page, which loads on your browser when writing the electronic address matraciparadise.com
User of matraciparadise.com is every person, typing the electronic address or opening matraciparadise.com through links on other internet sites, with the aim to make a purchase of goods electronically.
User with a registration is every person, who has completed the instructed by Mattresses Paradise actions and, as a result, has been included in the data base of Mattresses Paradise and can check the history of his/ her orders in matraciparadise.cm
User with a quick order is every person who has completed the instructed by Mattresses Paradise actions to make an order of goods from matraciparadis.com without being registered, and whose data has not been included in the data base of Mattresses Paradise.
Browser – a computer program, which enables traffic, processing and visualization of data through different types of protocols for data traffic.
Malicious acts are acts or failures to act, which: offend the Internet ethics; bring damage upon people, connected to the Internet or associated nets; sends unwanted mail (uncalled commercial communications, SPAM); get access to resources using other people’s rights and passwords; use flows in the system for personal gain or gain of information; acts, which can be qualified as industrial espionage or sabotage; damage or destruction of systems or large arrays of information (CRACK); send Trojan horses or install viruses or systems for remote control; disturb the activity of other users of the Internet or associated nets; conducts any acts which can be qualified as a crime or administrative offence according to the Bulgarian legislation and other applicable law.
User’s profile is a distinct part of matraciparadise.com which contains information about the user – e-mail address and password, through which are accessible the services, provided by Mattresses Paradise, and is carried out the exchange of information between the user and matraciparadise.com
Distance sale contract – every contract, concluded on the basis of an offer, made by Mattresses Paradise, and a user, without the simultaneous physical presence of Mattresses Paradise or the user, through the exclusive use of one or more means for distance communication, before the agreement and at the moment of conclusion of the agreement. Every order, made by the user and confirmed by Mattresses Paradise, is a separate contract. At making an electronic statement for conclusion of a contract for a distance sale, the user agrees with the present General conditions, as well as with the content of the contract from a distance.
Product/ Goods – all goods/ products/ items offered for sale by Mattresses Paradise on the internet site matraciparadise.com.
Brochure/ notifications/ messages – information means, mainly electronic, concerning products, services in the commercial premises of Mattresses Paradise and its partners, including the purchase of vouchers or promotions offered at a certain period of time.
III. Confidentiality of supplied personal data
3.1. Personal data, which Mattresses Paradise receive at a registration or a conclusion of a contract forsale without a registration, will be used only for user service – receiving and processing of orders and keeping in touch with the users, as well as in case of any problems which may occur in relation with the order.
3.2. Mattresses Paradise meets the requirements of the Personal Data Protection Act and is responsible for the protection of any information concerning the user, which has become known to Mattresses Paradise in relation with the conclusion of the distance contract. This excludes occasions of force majeure, accidental events or malicious acts from third parties.
3.3. With accepting the General conditions the user agrees that any information concerning him/ her will be kept or processed according to the order established by the law, as well as he/ she agrees that their personal data, stated in the user’s profile at matraciparadise.com, can be used from Mattresses Paradise for taking in and processing orders, and for keeping in touch.
3.4.Mattresses Paradise is obliged not to reveal any personal data of the user and give any collected information to third parties – state authorities, commercial organizations, natural persons and others, except in cases when:
- the explicit agreement of the user has been given, at the moment of registration or at any time later;
- the information has been demanded by state authorities or officials, which, according to the existing legislation, have the right to demand and collect such information following the established by the law procedures;
- other cases stated in the law;
3.5. With registration in matraciparadise.com and at explicitly stated desire from the user, the later agrees to be sent personal, advertising or other commercial messages from Mattresses Paradise.
ІV. Using the internet site www.matraciparadise.com
4.1. When using the internet site of Mattresses Paradise, the users becomes responsible for the consequences from their behaviour, including all property, intellectual, electronic and any other type of damage brought upon the internet site, the services, Mattresses Paradise, or any other party with which Mattresses Paradise has an agreement for cooperation or provision of services according to the Bulgarian legislation.
4.2. The internet site is addressed to users with or without registration. The possibility to order from the site is accessible to all users living in and outside Bulgaria. Persons under 18 years old have not the right to send statements and conclude contracts under the present General conditions. By creating a profile or sending an order the user declares that he/ she is an adult over 18 years old.
4.3. By accepting the present General Conditions the user becomes informed that all the content, including, but not only, pictures, designs, software, database, information and any other type of content published on matraciparadise.com, are property of Mattresses Paradise.
4.4. The user does not have the right to copy, transfer, change, use, display, give and etc. the content of matraciparadise.com, without the explicit written agreement of Mattresses Paradise, except in the cases when this is not with a commercial aim.
V. Order, agreement and payment
5.1. The user has the right to order all the goods displayed on matraciparadise.com. When making an order the user has the right to choose the type and the model of the goods, their quantity, the payment conditions, the way and terms of delivery, according to the offered on matraciparadise.com options. When accomplishing an order the user enters into contractual relationship with Mattresses Paradise for making a sale/ purchase of the chosen item, regulated by the present General Conditions.
The contract for distance sale between Mattresses Paradise and the user is considered concluded from the moment of confirmation of the particular order from the side of Mattresses Paradise.
5.2. All orders, received on Friday evening, Saturday or Sunday, or during public holidays, are processed on the first workday that follows.
5.4. The stated on matraciparadise.com prices are final and with include VAT
5.5. Mattresses Paradise keeps the right to change prices of products, as the changes enter into force from the moment of their publishing in the profile of the particular product.
5.6. Payment is accomplished by: payment on delivery – with the delivery of the ordered product, card payment, leasing or through bank transfer. The bank account of Nekrato OOD is in UniCredit Bulbank, IBAN: BG79UNCR76301066161902, BIC: UNCRBGSF.
6.1. The delivery of a product ordered through matraciparadise.com is made by a carrier firm or company transport to the given by the user address. The delivery is free for the user.
6.2. Deliveries to Sofia and the country are carried out within no more than 3 working days, between 9.00 and 18.00 o’clock. Upon delivery by a courier company to locations serviced according to a relevant schedule, the delivery time may be extended, for which Mattresses Paradise is not responsible.
6.3. The delivery period may be extended due to force majeure occurring where Mattresses Paradise reserves the right to extend the delivery time by up to seven days and the receiver will be notified in due time.
6.4. At delivery the receiver signs a waybill, with which the accomplishment of the order is attested.
VІІ. Claim. Guarantee. Withdrawal from a distance contract
7.1. In cases of obvious flows claims can be made within 30 days after the purchase of the goods and when there are hidden flows – at finding them, but not later than the guaranty period. Products with claims are sent to: Sofia, 1830 Buhovo, 104 Mina Str.
7.2. In cases when the received by the user product is not the same in size as the ordered product, the user has the right to send back the item for exchange with the same but in another size, as the expenses for the sending back and the second delivery are covered by Mattresses Paradise.
7.3. In cases of lack of conformity of the ordered product and the sale/ purchase contract, and when the user is not satisfied with the solvation of a claim, he/ she has the right to choose between the following options: to breach the contract and receive a refund or reduction in the price. The user cannot insist on being given a refund or reduction in the price if Mattresses Paradise agrees to exchange the item with a new one or repair it within one month from the moment the claim has been made. Mattresses Paradise will satisfy any request for breach of contract and will refund the user through his bank account, when, after three claims from the user have been sustained by fixing the same item in the terms of the guaranty under the Consumer Protection Act, there is still a lack of conformity of the ordered product and the sale/ purchase contract. The user cannot claim breach of contract if the discrepancy is insignificant.
7.4. Guarantee, given by Mattresses Paradise does not influence the consumer rights, ensuing from the guarantee given according to Article 112 – 115 from the Consumer Protection Act. In connection with protection of your rights and adherence to the Consumer Protection Act it is important that you are informed of the following:*
(1) In the case of a lack of conformity of the consumer goods with the contract of sale, the consumer shall be entitled to address a complaint, requesting the seller to bring the goods into conformity with the contract of sale. In such case, the consumer may choose either repair or replacement of the goods by new goods, unless this is impossible or the remedy chosen by the consumer is disproportionate in comparison with the other remedy.
(2) A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:
1. the value that the consumer goods would have if there were no lack of conformity;
2. the significance of the lack of conformity;
3. whether an alternative remedy could be offered to the consumer without significant inconvenience thereto.
(1) (New, SG No. 18/2011) Where the consumer goods are not in conformity with the contract of sale, the seller shall be obligated to bring the said goods in conformity with the contract of sale.
(2) (Renumbered from Paragraph (1), SG No. 18/2011) Consumer goods shall be brought into conformity with the contract of sale within one month after the date on which the complaint was addressed by the consumer.
(3) (Renumbered from Paragraph (2), amended, SG No. 18/2011) Upon expiry of the time limit referred to in Paragraph (2), the consumer shall be entitled to have the contract of sale rescinded and to reimbursement of the sums paid or to have a reduction made in the price of the consumer goods according to Article 114 herein.
(4) (Renumbered from Paragraph (3), SG No. 18/2011) The consumer goods shall be brought into conformity with the contract of sale free of charge for the consumer. The consumer shall not be liable for any costs incurred for the dispatch of the consumer goods or any costs of material and labour costs associated with the repair of the goods, and must not sustain significant inconvenience.
(5) (Renumbered from Paragraph (4), SG No. 18/2011) The consumer may furthermore seek compensation for damage resulting from the lack of conformity.
(1) In the case of a lack of conformity of the consumer goods with the contract of sale and where the consumer is not satisfied with the settlement of the complaint under Article 113 herein, the consumer shall be entitled to choose between one of the following options:
1. rescission of the contract and reimbursement of the sum paid thereby;
2. reduction of the price.
(2) The consumer shall not be entitled to claim reimbursement of the sum paid or reduction of the price of the goods where the trader agrees to a replacement of the consumer goods with new ones or to repair the consumer goods within one month after the complaint was addressed by the consumer.
(3) The consumer shall not be entitled to claim rescission of the contract if the lack of conformity of the consumer goods with the contract is minor.
(1) The consumer may exercise the right thereof under this Section within two years as from the time of delivery of the consumer goods.
(2) The period referred to in Paragraph (1) shall be interrupted during the time needed to repair or replace the consumer goods or to reach a settlement of the dispute between the seller and the consumer.
(3) The exercise of the right of the consumer under Paragraph (1) shall not be subject to any period of limitation for the bringing of action for compensation other than the period referred to in Paragraph (1).
Withdrawal from a distance contract
7.4. The user has the right to withdraw from the distance contract without giving any reasons for it. The period in which he/ she can exercise this right is 14 days from the date of delivery, which means the date, on which the user or a specified by the user third party (excluding the carrier) has accepted and physically possesses the goods.
7.5. To exercise the right of withdrawal, the user has to inform Mattresses Paradise giving a name and address for correspondence and, if available, a phone number and an e-mail, as well as to inform about his decision to withdraw from the contract, explicitly stating this and sending the statement on a paper or another durable medium to the following address: Sofia, 1830 Buhovo, 104 Mina Str. Or to e-mail: [email protected]
The user can also complete and send electronically to e-mail address: [email protected] the standard form for withdrawal of Mattresses Paradise (here),in which case Mattresses Paradise will immediately send back a confirmation for receiving the withdrawal. To be kept compliance with the 14-day limit for withdrawal from contract it is enough that the user sends his statement about this within 14 days from the moment he/ she receives the goods.
7.6. The user should send back the goods to Mattresses Paradise not later than 14 days after the day he informs Mattresses Paradise about his withdrawal from the contract. The period limits are considered kept if the user sends back the goods before the end of the 14-day period. The goods should be sent to address: Sofia, 1830 Buhovo, 104 Mina Str. The goods should be sent back in their complete original packaging with all the accompanying documentation and without any damage.
7.7. In case the user withdraws from the contract, Mattresses Paradise will refund the money paid for the price of the goods, except any additional expenses, related to the chosen by the user way of delivery, different from the cheapest standard way of delivery, offered by Mattresses Paradise, not later than 14 days from the date on which the user informs Mattresses Paradise about his decision to withdraw from the contract. The refund is made through the bank account of the user.
7.8. Mattresses Paradise has the right to delay the refund until the goods are received back or there is evidence that the goods have been sent back, depending on which of the two events has happened earlier.
7.9. When exercising the right of withdrawal from the contract, the user should pay the transport expenses for sending the goods back.
VIIІ. Disagreements and complaints
8.1. If there is a situation related to any kind of problematic issues, the customer has the right to turn to any of our assistants on the given address for correspondence.
8.2. All disagreements which might occur between Mattresses Paradise and the users will be resolved by means of amicable settlement. In cases where this is not possible, they will be submitted to the competent Bulgarian court in accordance with the Bulgarian legislation.
* The texts cited are from the Consumer Protection Act