General conditions

These GENERAL CONDITIONS govern the relations between "Amber Technology" JSC

(hereinafter referred to as “Amber Technology”) on the one hand and the Users of Internet pages and services, located on the domain https://ambersleep.bg (hereinafter referred to as Users) on the other.

"Amber Technology" JSC is a company registered under the Commercial law of the Republic of Bulgaria with USI 204225078, with registered office and address of management: city of Plovdiv, Blvd. "6ti Septemvri" 222A, e-mail address: dreams@ambermattress.com;

“Amber Technology” JSC is registered as a personal data administrator and has a Certificate of personal data administrator № 428414.

Please read fully the published General terms and conditions before using the informational and commercial services offered on the website ambersleep.bg (called for short Services). By visualizing ambersleep.bg each User automatically undertakes to comply with the conditions described below.

This document contains information about the activities of “Amber Technology” and the general terms and conditions for using the services provided by “Amber Technology”, regulating the relationships between us and each of our users.

The confirmation of the General Terms and Conditions is a necessary and obligatory condition for the conclusion of contract between the User and “Amber Technology”.

By accepting with the General Terms and Conditions the User agrees to the processing of their personal data based on the concluded contract between them and Amber Technology. Such data includes names, phone number, address and e-mail.

The User is responsible for the regular revision of the General Terms and Conditions. Amberslepe.bg reserves the right to update attributes, change, update or adjust the General Terms and Conditions at any time without prior notice. The changes take effect immediately after their publication on the SITE and the User agrees to bound by them. The use of the website after the publication of any changes constitutes the consent of the User to the General Terms.

1. SERVICES PROVIDED

The services provided by “Amber Technology” to the User are information society services within the meaning of the Electronic Commerce Act. Art. 2. On the website ambersleep.bg the Users have the opportunity to enter into a contract for purchase and sale and delivery of the products offered by “Amber Technology”.

The page (link) to each item listed on the Site provides information about the price, main characteristics of the product and additional information, aimed at supporting the making of informed choice by Users when purchasing the product.

ambersleep.bg reserves its right to first publish the names, models and other information about the products in English.

All prices listed on the website are in BGN with included VAT. ambersleep.bg has the right at any time and without any notice to make changes in the published products, services, prices and other characteristics of the goods and Users are considered informed about the listed changes from the publication date. Information about part of the published products may not be updated but in all cases Users will be notified in case of an order made on the Site with an online purchase form before their delivery for out-of-date information on the Site, related to the ordered products. ambersleep.bg is not responsible if due to a technical or technological issue, or lack of necessary materials, fails to complete the order made Site.

2. COPYRIGHTS AND RESTRICTIONS RELATED TO IT

ambersleep.bg provides the right to Users to use all the services that are listed on the Site only for private purposes and non-profit aim and under the condition that they do not violate the copyrights of ambersleep.bg or of third parties related directly or indirectly with the materials of the Site. It is expressly prohibited the materials published on this Site to be copied, publicly distributed or given out for any purpose whatsoever by Users. The use of the materials published on this Site in other websites is prohibited and the violators are subject to penalties in accordance with the provisions laid down in the Law on the protection of copyright and related rights. ambersleep.bg reserves the right to assign the rights for publishing of materials and other information published on the Site, to third parties for an additional contract in writing, laying down the legal relations between ambersleep.bg and the person publishing the information. When purchasing a product representing an object of copyright and/or patent rights ambersleep.bg does not grant any additional rights for use and distribution, except the expressly mentioned rights and/or licenses from the manufacturer/distributor of the product. All goods and services provided by ambersleep.bg are protected under the Law on the protection of copyright and related rights are made available to the Users in their original form, packing, and carrier without any influence on the side of the ambersleep.bg and according to the licenses and the distribution rights, given by their manufacturers and/or distributors for the Republic of Bulgaria.

3. ORDER AND PRICES

Users use the interface of the “Amber Technology” website to enter into sales contracts for the products offered by “Amber Technology”. In case of out-of-stock goods, “Amber Technology” reserves its right to cancel the order or negotiate an individual delivery time. After selecting one or more products offered on the “Amber Technology” website, the User has to add those in the list of orders for purchase. It is necessary for the User to provide data for the delivery and choose the method and moment of payment of the price, then confirm the order through the interface of the site. When placing an order, the User receives an e-mail confirmation that the order is accepted.

“Amber Technology” has the right to refuse to enter into a contract with an incorrect User. “Amber Technology” has the right to treat a User as incorrect in the cases when:

  • There is a non-compliance by the Used with the General Terms and Conditions;
  • An incorrect, arrogant or rude attitude towards the representatives of “Amber Technology has been established”;
  • Systematic abuses by the User towards “Amber Technology” have been established.

ambersleep.bg has the right to change the prices indicated on the Site at their discretion, at any time and without being obligated to notify Users in advance. The User is obligated to pay the price that has been indicated on the Site at the time of placing the order, regardless of whether it is lower or higher than the updated price. In case of technical errors in the information published on the Site, as a result of which the order cannot be executed, ambersleep.bg has the right to refuse the execution of the order and does not owe any compensation to the User, except for a refund of the amounts paid and/or deposited by the User for the canceled order, if any.

4. DELIVERY OF PURCHASED GOODS

The deadline for delivery of the goods stated in the order to your home is within 15 working days after receipt of confirmation of the order, and the deadline may be extended in public holidays and/or weekends with the duration of the non-working days. In all cases a delay in the delivery is possible but you will be notified promptly about it by our associate. The delivery of the ordered goods is carried out in the way selected by the  User and according to the indicated time limits. Ambersleep.bg reserves the right to extend the specified terms, as Users are informed in advance about that by an associate of “Amber Technology". The delivery of the products ordered by ambersleep.bg is free of charge on the territory of the Republic of Bulgaria. The delivery is made to the address of the customer. Bringing the product to the customer’s personal front door (in multi-family buildings) or bringing the product into the customer’s home is treated as an additional service offered by ambersleep.bg, which is charged separately Ambersleep.bg and the partner courier company undertake to transport the product to the front door (in multi-family buildings) or to bring the product into the customer's home only upon prior request by the customer and payment of the relevant fee for this additional service.

Ambersleep.bg may require additional confirmation, including by phone, fax, email of the order made. In case that the User refuses to provide the information required by ambersleep.bg, the refusal to provide it automatically leads to cancellation of the order with or without additional notice to the User. The cost of delivery is listed under the information published for the item and is calculated automatically in the value of the order. ambersleep.bg is not responsible for any delay in the case that the delay is due to the fault of the courier, carrying out the delivery and/or due to circumstances beyond the control of ambersleep.bg. carrying out the delivery and/or due to circumstances beyond the control of ambersleep.bg. At the time of delivery, the goods should be examined carefully by the User and/or by a person authorized by them. Upon finding any externally visible defects during the examination, any breakage hits, and other damages, established on delivery, the User should sign a protocol about damages in the presence of the courier immediately and should notify an associate of “Amber Technology” on tel: 0700 20 876. In case of acceptance of the shipment by the User without comments, all and any claims about externally visible defects are deemed groundless and as such should not be covered. In case a protocol for damages is not drawn up and signed in the presence of the courier upon receipt of the parcel and/or an associate of Logistics Department of “Amber Technology” JSC is not immediately notified, the User loses their right to bring the externally visible defects in accordance with the sale's contract.

In cases where ambersleep.bg specifies in writing an exact date and time for delivery, this statement has a binding force. In cases of false or incorrect address, contact person and/or phone when filing the order, “Amber Technology” is not liable for the improper performance of the order as a result of the provision of false information by the User. Upon handing over the goods, the User or a third party designated by them, are obliged to sign the accompanying documents. A third person is considered any person who is not a holder of the application but accepts the goods upon delivery at the address for delivery indicated by the User. In case that the User cannot be found in the period of performance of the delivery at the address specified by him/her and/or access to the address for delivery is not granted, ambersleep.bg is released from its obligation to deliver the requested goods and the User loses their rights under the order made by him for the supply of goods. When the delivered goods clearly do not correspond to the stated purchase order by the User, and it can be verified in plain inspection of the delivered goods, the User has the right to ask for a replacement of the delivered product with such that corresponds to the application he has made for purchasing goods within 24 hours of notification of such request to our associate on tel: 0700 20 876.
ambersleep.bg reserves the right to change the subcontractor performing the delivery without being obliged to inform the User in advance provided this does not reflect on the way and time limit of delivery. 

5. PAYMENT OF PURCHASED GOODS AND SERVICES

When making a cash payment of ordered goods and services, the User is obliged to deposit at the time of delivery to “Amber Technology” or their representative/subcontractor involved in the delivery, the full value of the delivered goods in accordance with the confirmed order. In case that within 14 (fourteen) days from the date of delivery the User refuses the goods purchased partially or entirely, ambersleep.bg is obliged to recover partially or entirely the deposited amount for their purchase. In case that the User does not implement the right of refusal of goods or services purchased in the abovementioned period, “Amber Technology” automatically transforms the deposit as payment for the value of the ordered goods or services.
When the payment is done by a bank transfer, the User shall deposit an amount equal to the value of the delivered goods in accordance with the confirmed order to the bank account of "Amber Technology" JSC referred to in the invoice generated and only after the deposit is confirmed as received and the bank account is validated with the corresponding amount, ambersleep.bg performs the delivery of the ordered goods and services. In case that within 14 (fourteen) days from the date of delivery the User refuses the goods purchased partially or entirely, ambersleep.bg is obliged to recover partially or entirely the deposited amount for their purchase. In case that the User does not implement the right of refusal of goods or services purchased in the abovementioned period, ambersleep.bg automatically transforms the deposit as payment for the value of the ordered goods or services.
When paying via a virtual POS terminal, the User deposits an amount equal to the value of the delivered goods in accordance with the confirmed order via a virtual POS terminal and only after the transaction of the deposit is confirmed, ambersleep.bg performs the delivery of the ordered goods and services. In case that within 14 (fourteen) days from the date of delivery the User refuses the goods purchased partially or entirely, ambersleep.bg is obliged to recover partially or entirely the deposited amount for their purchase. In case that the User does not implement the right of refusal of goods or services purchased in the abovementioned period, ambersleep.bg automatically transforms the deposit as payment for the value of the ordered goods or services.

6. REFUSAL OF PURCHASED GOODS

The User has the right to refuse and to request return of the ordered and purchased goods within 14 (fourteen) days from receipt of the goods at the address of delivery, in the event that the same are preserved with packaging undamaged (the packaging of the parcel may be opened), fully equipped and the goods are as received with the accompanying documentation (invoice and warranty card) and under the conditions set out in art. 55 of the Law on consumer protection.
The period of refusal is 14 days from the date of receipt of the goods. To exercise the right of refusal, you must inform us of your name, address, and telephone number, and for your decision to opt out of the contract with a letter sent by regular mail. The courier shipment back to the ambersleep.bg factory is at the expense of the User. To keep the deadline for refusal stated in the contract, it is sufficient to send your message for exercising the right of refusal before the expiry of the time limit for refusal under the contract.

Please, have in mind:

  • Products can ONLY be in good commercial condition, without nay visible signs of wear and staining.
  • The products are returned ONLY the original plastic packaging + accompanying transportation bag, in cases where they are sold with one, and with the warranty card attached.
  • Тhe products are returned together with a warehouse receipt, which the ambersleep.bg team sends to the User via mail. It is attached to the product in a visible place. Products without attached receipt are returned to the sender.
  • The User bares all transportation costs for returning the product, which include on-site inspection and transport to the warehouse of ambersleep.bg. If any of the above requirements is not met, the product is returned to the customer and the right of refusal is not exercised.

7. 100 NIGHTS TRIAL PERIOD

“Amber Technology” offers a 100-night trial period of the mattresses mentioned in the product list on the site. The trial period does not apply to the top mattresses, pillows and other accessories offered on the site ambersleep.bg.

Upon request, after the purchase of one of the mattress models, the USER has the right to withdraw from the contract without stating any reason, without paying compensation. In order to exercise their right of withdrawal, the User has to unambiguously notify “Amber Technology” JSC about their decision to withdraw from the contract by filling in a standard form for exercising the right of withdrawal from the contract attached here.
Dear customers, please take into account the following:

If you want to use the option for a 100-night trial period, treat the products extremely carefully and keep them because you are actually not using them as your property. Products returned from a 100-night trial period that do not match the conditions described below will be returned to the customer and the trial period is considered an invalid option in cases where any of the described conditions is missing.

  • Only mattresses in a good commercial condition can be returned, without visible signs of wear and staining.
  • The products are returned ONLY the original plastic packaging + accompanying transportation bag, in cases where they are sold with one, and with the warranty card attached.
  • Тhe mattresses are returned together with a warehouse receipt, which the ambersleep.bg team sends to the User via mail. Products without attached receipt are returned to the sender.
  • The mattresses are approved for return from a 100-nigth trial period after 5 sent photos with a mail at dreams@ambermattress.com, which have to be clear and the product to be photographed from all sides. If upon receipt of the product, the ambersleep.bg team finds damage on the mattress, a partial refund of the amounts paid follows. In this regard, we advise customers to return the product via courier, taking advantage of the option to insure the product.
  • The customer bares all transportation costs for the return of the product, which do not include on-site inspection and transport to the warehouse of ambersleep.bg.
  • If the order of a product with a valid 100-night trail period has been accompanied by a gift, then upon return of the product after the trial period, the value of the gift is deducted from the refund amount.

8. WARRANTIES AND COMPLAINTS

With every order of products, subject to warranty service, ambersleep.bg issues and provides to the User a proper warranty card with details of the product entered and all the warranty terms of the granted commercial warranty specified.
The user cannot invoke and loses his rights under the guarantee:

  • in case of a lost warranty card;
  • in case of damages caused by an improper operation;
  • in case of violations of the physical integrity of the product;
  • in case of a chemical, electrical and/or other effects not related to the normal use of the product;

The products and services referred to on this Site are restricted only to the General conditions specified in the Site with no provision of warranties other than those referred to, including commercial and targeted ones.

9. CANCELLATION AND TERMINATIONS OF THE CONTRACT

“Amber Technology” has the right at their discretion, without giving notice, to terminate unilaterally, if it is found that the provided services are used in violation of the current General Terms and Conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.

Except in the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon termination of the activities of “Amber Technology” or termination of the maintenance of its website.

In addition to the above cases, each party may terminate this agreement by handing in a one-week notice to the other party in case of failure to perform the obligations upon their contract.

The written form of the contract is considered complied with by sending a message via e-mail, clicking the electronic button on the content page, which can be filled in or selected by the User or by a check box on the website and others similar in so far as the statement is technically recorded in a way that allows it to be played.

10. SAVING CLAUSE

The parties declare that in case that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the whole contract or other parts of it. The invalid clause will be replaced by the mandatory norms of the law or the established practice.

PROTECTION OF PERSONAL DATA

1. PURPOSES

“Amber Technology” collects and uses the information for the purposes of:
1. Direct marketing
2. Fulfillment of its contractual obligations towards Users

“Amber Technology” processes users’ personal data on the basis of the concluded contract between the Used and “Amber Technology”. The User agrees to the processing of their personal data for the purposes of direct marketing by checking a checkbox. The User can withdraw from the given consent by checking a checkbox, which is located at ______.
The User’s personal data is stored for a period of 5 years.

2. USERS’ RIGHT

Each User of the site enjoys all rights to personal data protection under Bulgarian law and European Union is entitled to:

1. Awareness (in relation to the processing of their personal data by the administrator)
2. Access to their own personal data
3. Corrections (if the data is incorrect)
4. Deleting personal data (the right “to be forgotten”)
5. Restriction of processing by the controller or processor of personal data
6. Portability of personal data between individual administrators
7. Objection to the processing of their personal data
8. The data subject also has the right not to be subject of decision based solely on automated processing, including profiling, which has legal consequences for the data subject or similarly affects them significantly
9. Right to judicial or administrative protection in case the data subject’s rights have been violated

The User can request deletion if one of the following condition holds:

1. Personal data is no longer necessary for the purposes it has been collected for or processed in another way
2. The User withdraws their consent, on which the data processing is based and there is no other legal reason for the processing
3. The data user objects to the processing and there are no legal reasons for the processing to take precedence
4. Personal data has been processed illegally
5. Personal data must be deleted in order to comply with a legal obligation under Union law of a Member State applicable to the controller
6. Personal data has been collected in relation to the provision of services to information society services to children and the consent has been given by the parent responsible for the child.

The user is entitled to restrict the processing of their personal data by the administrator when:

1. They dispute the accuracy of personal data. In this case, the processing restriction is for a period that allows the administrator to check the personal data accuracy
2. The processing is illegal but the User does not want their personal data to be deleted, and instead requires restricting its use
3. The administrator no longer needs personal data for the processing purposes but the User requires it for the establishment, exercise or protection of legal claims
4. They object to the processing pending verification of whether the legal grounds of the administrator take precedence over the interests of the User
5. Portability right

The data subject is entitled to receive the personal data concerning them and which they have provided to the administrator in a structured, widely used and machine-readable format and is entitled to transfer this data to another administrator without hindrance from the administrator to whom the personal data has been provided when the processing is based on consent or a contractual obligation and the processing is executed in an automated way. When exercising their right to data portability the data subject shall also be entitled to receive a direct transfer of personal data from one administrator to another where this is technically feasible.

Right to object.
Users are entitled to object to the administrator against the processing of their personal data. The administrator of personal data shall be obliged to terminate the processing, unless he/she proves that there are convincing legal grounds for the processing which take precedence over the interests, rights and freedoms of the data subject, or for the establishment, exercise or protection of legal claims. In the event of an objection to the processing of personal data for the purposes of direct marketing, the processing should be stopped immediately.

Complaint to the supervisory authority.
Each User is entitled to file a complaint against illegal processing of their personal data to the Commission of Personal Data Protection or to the competent court.
 

3. OBLIGATIONS OF THE PERSONAL DATA ADMINISTRATOR:

The administrator of personal data has the following obligations:
1. Processes the data in accordance with the principles of personal data protection set out in the regulation, being able to prove this (accountability)
2. Provides data protection at the design stage and by default
3. Notifies the supervisory authority and the data subject in case of violation of personal data security, as well as documentation of any violation of personal data security, incl. the facts related to the violation, the consequences thereof, the actions taken to deal with the violation.
4. Performs data impact assessment
5. Implements appropriate technical and organizational measures to ensure data security, such as:
- Pseudonymization;
- Encryption;
- Ensuring constant confidentiality, integrity, availability and sustainability of processing systems and services;
- Timely restoration of the availability and access to personal data in case of a physical or technical accident;
- Regular testing, evaluation and assessment of the effectiveness of technical and organizational measures;
- Cooperation with the supervisory authority for personal data protection in fulfilling the obligations arising from the regulation.
6. 6. Prepares and implements internal procedures regarding acceptance, consideration and response within one month of requests from Users for exercising their rights as personal data subjects.

4. REGISTER MAINTENANCE

Amber Technology maintains a register of the processing activities for which it is responsible. This register contains the whole information listed below:

1. The name and contact details of the administrator;
2. The processing purposes;
3. A description of the categories of data subjects and the categories of personal data;
4. The categories of recipients to whom personal date is or will be disclosed, including recipients in third countries or international organizations;
5. The different categories of data;
6. Where possible, a general description of the technical and organizational security measures,

Summarizing personal data.

The personal data administrator uses the services of a personal data processor – “SuperHosting.BG” Ltd., Sofia, Iztok district, 36 Dr. G.M. Blvd., UIC 131449987. The data processor does not include any other data processor without prior specific or general written permission of the administrator.

5. AUTHORITIES REGULATING THE ACTIVITIES

The authorities regulating the activities of Amber Technology are the Consumer Protection Commission / CPC/ and the Personal Data Protection Commission (CPDP), with the following contact details:

About CPC:

Website: https://kzp.bg/kontakti
Tel: 0700 111 22
E-mail: info@kzp.bg
Address: Sofia, 4A Slaveykov Sq., fl. 3, 4 and 6

About CPDP:

Website: https://www.cpdp.bg/
Tel: 02/91-53-518
E-mail: kzld@cpdp.bg
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.

6. DISPUTES

Users can use the European Dispute Resolution Platform (ODR), available at / http://ec.europa.eu/odr / a single access portal that allows EU consumers and traders to settle disputes between them.
Alternative dispute resolution (ADR) between consumers and traders is out-of-court conciliation on a voluntary basis.
The Joint Conciliation Commissions shall assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and provision of services.
The Joint Conciliation Commissions are determined on a regional basis, and the General Conciliation Commission with headquarters in Plovdiv and area of action in the territory of Plovdiv District, Smolyan District, Pazardzhik District and Stara Zagora District is competent to resolve disputes between Amber Technology and the User;
The consolidated list of recognized ADR bodies of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show