TERMS OF USE OF SERVICES AVAILABLE ON THE WEBSITE SEEMELISSA.COM AND THROUGH THE MOBILE APPLICATION M MELISSA CLIMATE (Terms of Use)

 

The present document contains the general terms and conditions of the contract for the use of the information services and resources provided by Melissa Climate Ltd. through the website seemelissa.com (accessible via www.seemelissa.com and referred to below as the Website) and through the mobile application M Melissa Climate (referred to as below as the App) and regulates the relations between Melissa Climate Ltd. and any user of the information services and resources accessible through the Website and the App.

 

I.         Definitions

 

For the implementation and interpretation of the present Terms of Use, the terms and expressions used shall have the following meaning:

 

1.1.            App is the mobile application M Melissa Climate that allows the User to remotely control its air conditioner via the App.

1.2.            App Demo Version is a version of the App with less features and functionalities which is available to Users after downloading of the App, registration of the User on the App but before purchase of Device.

1.3.            Commercial Communications are communications designed to promote, directly or indirectly, the goods, services or image of a company, organization or person pursuing a commercial, industrial or craft activity or exercising a regulated profession.

1.4.            Device is an universal Wi-Fi Split Systems/Window Air Conditioner Controller which is controlled through the App and enables remote control of one air conditioner.

1.5.            Information system/System is each particular device or combination of connected or similar devices, which is or one of which is designed to store, send and receive electronic documents.

1.6.            Force Major Event is a circumstance of unusual nature unforeseen at the moment of the contract conclusion which makes the provision of the Services objectively impossible.

1.7.            IP address is an unique identification number associating a device, a webpage or a User's resource in a way that allows their localization in the Internet.

1.8.            Link is a link (reference) designated in a particular webpage that allows automatic forwarding to another webpage, information resource or object using standard protocols.

1.9.            Malicious Actions are actions or inactions, violating the Internet ethics or causing damages to persons connected to the Internet or associated nets, as well as sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody elses rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destruction of systems or information massifs (CRACK), sending of Trojan Horses or causing installation of viruses or unauthorized remote control systems, disturbance of the other Internet and associated networks users normal work, committing any actions that can be qualified as crimes or administrative offences according to the Bulgarian or other applicable legislation.

1.10.        Melissa Climate is Melissa Climate Ltd., a limited liability company, incorporated and existing pursuant to the laws of the Republic of Bulgaria, having its seat and registered office at 1000 Sofia, Sredets District, 4 General Y.V. Gurko Str., 2nd floor, registered with the Commercial Register at the Registry Agency with UIC 203131715, tel.: +359 800 3 1010, electronic mail address: hi@seemelissa.com, which provides the services subject to these Terms of Use. Melissa Climate is an entity registered under the Value Added Tax Act with VAT number: BG203131715.

1.11.        Password is a unique combination of letters, numbers and/or symbols selected by the User which, along with the electronic mail address specified by the User upon his/her registration, serves for access to his/her User Account.

1.12.        Registered User is any User that has successfully passed the registration procedure on the App and has set up a User Account in order to use the Services accessible through the App.

1.13.        Server is a device or a system of connected devices, on which system software is installed to perform tasks related to storing, processing, receiving or sending information.

1.14.        Services are the services provided through the Website and/or the App, including searching, access to and the ability to retrieve and store (download) information to the Users end equipment, distance purchasing of Device, ability to remotely control the Users air conditioner(s) and other free or paid services that could be provided by Melissa Climate to Users via the Website and/or the App.

1.15.        Unregistered User is any User not meeting the criteria for a Registered User, as well as User that uses the Service available on the Website.

1.16.        Unsolicited Commercial Communications are Commercial Communications sent without recipients prior request.

1.17.        User is any person that uses the information services and resources provided through the Website and/or the App.

1.18.        User Account is a separate section of the App, containing information of the Registered User, as required by Melissa Climate upon registration and stored at Melissa Climate and the access to the User Account by the Registered User is performed by entering the electronic mail address and Password specified upon his/her registration. The User Account enables the Registered User to use certain limited-access Services, to configure the use of the Services, to supplement, change and update the information of him/herself, to stop the use of the Services, to change the electronic mail address specified by him/her upon registration and his/her Password etc.

1.19.        User Name is the electronic mail address used by the User in the registration for the use of the App which, along with the Password specified by the User upon his/her registration, serves for access to his/her User Account.

1.20.        Webpage is a composite part of the Website.

1.21.        Website is the website www.seemelisa.com, being a specific place in the global Internet accessible through its unified address (URL) under HTTP or HTTPS protocol, containing files, text, programmes (software), sound, picture, image, electronic links or other material and resources, owned by Melissa Climate through which Users are provided with various information services and resources, subject of the present Terms of Use.

 

These Terms of Use are available through the Website and the App in a way that allows their storage and playback. An integral part of these Terms of Use is the Policy for Use and Protection of Information & Use of Cookies on the Website and the App (the Policy), available in a way that allows their storage and playback on the following address: office 3&5, 110 Bulgaria Blvd, Sofia, Bulgaria.

 

II.      Subject

 

2.1.            Through the Website and the App Melissa Climate provides the User with the Services specified in these Terms of Use under the condition of strictly observing the requirements of the Terms of Use by the latter.

2.2.            The Services provided through the Website may be used without preliminary registration. These include, without being limited to, services connected with searching and acquiring access to content, including general information about Melissa Climate and its products and services, news, ads, forums and other information in the form of text, video materials, images, etc., used in the Website, purchase of Device, as well as other services conceded to Unregistered Users of the Website.

2.3.            The Services provided through the App may be used only after the User completes a preliminary registration and creates a User Account. These include, without being limited to, the use of the App Demo Version, remote control of the Users air conditioner(s) through the Device, as well as other services conceded to Registered Users of the App.

2.4.            Some of the Services, namely the remote control of the Users air conditioner(s) through the Device by which the User is allowed to control temperature, operation mode and fan speed, humidity and other functionalities that may be available from time to time require possession of Device that communicates with the App via Wi-Fi connection and the User is able to control his/her air conditioner(s).

2.5.            The Services provided do not include provision of computer or other client equipment (incl. end devices for internet access) and connection for transfer of information packages between the User and the Website/the App, necessary for gaining access to the Website and/or the App. Melissa Climate shall not be responsible if the User cannot gain access due to problems which are beyond the control of Melissa Climate (hardware, software issue, problems regarding Internet connection, etc.).

2.6.            Due to the fact that the Services provided by Melissa Climate are various and are being expanded and modified with view to their improvement and development, the number, the characteristics of the provided Services as well as the regime of Service provision (with or without preliminary registration) may be altered at any time by Melissa Climate.

 

III.   Acceptance of the Terms of Use

 

3.1.            The present Terms of Use are applicable in the relations of Melissa Climate with the Registered Users. The present Terms of Use are also being applied in the relations of Melissa Climate with Unregistered Users, in which case the rights of the Users are limited to using the Services specified in Article 2.2.

3.2.            The text of the present Terms of Use is available on the Internet, on the following Webpage www.seemelissa.com and in a separate section entitled Terms of Use on the App in a form that allows their storage and playback. A Link to the Webpage with the Terms of Use is displayed on every Webpage of the Website and at the time of registration for the use of the App. With every use of the information services and resources of the Website and/or the App, including by opening a Webpage of the Website, opening any section of the App, as well as by clicking on a Link displayed on the home page or any other Webpage of the Website or any other section of the App, the User declares that he/she has read the present Terms of Use, agrees to them and undertakes to observe them. If an Unregistered User does not agree with any requirement provided for in the present Terms of Use, the latter shall not use the Website or any of the Services available thereto.

IV.   Registration

 

4.1.            In order to use the Services specified in Article 2.3 of the present Terms of Use, the User shall create a User Account by completing the electronic registration form, available when starting the App from Users end device (mobile phone, tablet or other) and by agreeing to the present Terms of Use.

4.2.            The User shall complete all fields marked as mandatory in the respective electronic registration form. Upon registration the User specifies a User Name which coincides with the electronic mail address of the User used in the registration form and a Password. The User Name chosen by the Registered User to identify him/herself at the App does not grant any additional rights to the Registered User except for the right of the first registrant of the particular User Name at the App or the term of the contract between the Registered User and Melissa Climate. Upon registration Melissa Climate requires information, such as name, electronic mail address (e-mail), mobile telephone number and other information specified in the electronic registration form. Melissa Climate shall use these data solely in the manner described in the Policy.

4.3.            When a User creates an account on the App by marking the field I have read and accept the Terms of Use in the process of registration and by clicking the Register online button, the User makes an explicit electronic statement within the meaning of the Bulgarian Electronic Document and Electronic Signature Act (EDESA) by which he/she declares that he/she has read the present Terms of Use, agrees to them and undertakes to observe them. By its registration on an information carrier on the Server of Melissa Climate through a common standard for technical conversion which allows reproduction, the electronic statement acquires the status of an electronic document within the meaning of the Bulgarian EDESA. Melissa Climate may keep log files with the IP address of the User on their Server, as well as any other information, necessary for identification of the User and reproduction of the Users electronic statement for agreement to the Terms of Use and his/her registration, in case legal disputes arise. The parties agree that the entering of a password for access to the User Account constitutes a unique identification of the User as an author upon sending electronic statements via the App, respectively identification of the User as a holder of these statements, and that the electronic information received by Melissa Climate which is logically associated with those statements is an electronic signature within the meaning of Art. 13, Para 1 of the EDESA, whose value the parties acknowledge to be equal to that of a handwritten signature in the relations between them. The data filled in by the User in the electronic form upon registration is the information regarding the authorship of his/her statement, logically associated with the statement. The User agrees to be an addressee and to receive electronic statements from Melissa Climate. The parties agree that the communications sent by Melissa Climate to the User via electronic mail address from the following electronic mail addresses noreply@seemelissa.com, constitute electronic statements and that the accompanying information, which is electronic and logically associated with them, indicates that they originate from the specified electronic mail address, constitutes identification of Melissa Climate as an author and a holder of these electronic statements and is an electronic signature within the meaning of Art. 13, Para 1 of the EDESA, whose value the parties acknowledge to be equal to that of a handwritten signature in the relations between them.

4.4.            In case an under-age person wishes to register on the App, a declaration of parental consent with the Terms of Use shall be signed by either a parent or legal custodian of the person. The registration of minor persons as Registered Users on the App is not allowed. The parents exercising rights of custody, the custodians or trustees of the under-age person shall be responsible for all damages committed by the latter, to Melissa Climate and to third persons in the process of registration or usage of the Services, as well as for all damages ensuing from untrue data or inauthenticity of the declaration, specified herein above in this clause of the Terms of Use.

4.5.            When filling the fields of the electronic registration form the User is obliged to enter his/her full and true identification data, as well as all other information required by the electronic registration form; any change in the data mentioned above shall be submitted within a 7-day period as of their change. The User guarantees that the data presented at the moment of registration is true, full and exact and in the event of data change the latter will update them timely. In cases where false data is submitted Melissa Climate is entitled to terminate or to suspend immediately and without prior notification the provision of the Services and the support of the Users registration. In this case, the termination of the provision of the Services shall be considered as an automatic termination of the contract between such User and Melissa Climate.

4.6.            One individual person can have more than one User Accounts registered through different electronic mail addresses.

4.7.            Some of the Services, namely the remote control of the Users air conditioner(s) through the Device, require collecting information by Melissa Climate for the location of the User. The User agrees that with the acceptance of these Terms of Use and activating of the function Geolocation ON / OFF on the App the User accepts Melissa Climate to receive, process and store information about the location of the User and this is a condition for use of all functionalities available on the App.

4.8.            Registration by using aliases is prohibited. Melissa Climate is entitled to refuse to register a User that is assumed to provide false data during registration.

4.9.            Before executing the statement under Article 4.3 of these Terms of Use the User may without any restriction correct the information which he/she has entered in the registration form.

4.10.        In case of refusal to present the required mandatory information in the respective electronic registration form, Melissa Climate is entitled to decline the registration.

 

V.      Conclusion of the Contract

 

5.1.            The contract between the User and Melissa Climate shall take effect at the moment when the consent is expressed as described under Section IV. The contract is concluded in English language. By agreeing to the present Terms of Use the User agrees the communication with him/her to be performed by electronic mail also.

5.2.            After the conclusion of the contract Melissa Climate shall confirm immediately the receipt of the statement under Article 4.3 of these Terms of Use by sending a message to the Users electronic mail address (identifier) specified by the Registered User, which message shall include the name, registered address and contact details of Melissa Climate, the text of the present Terms of Use and of the Policy on a durable medium in the form of an electronic document, as well as a Link for registration confirmation.

5.3.            The term of the contract is:

5.3.1.      for Unregistered Users until termination of Service use;

5.3.2.      for Registered Users for an undefined period until its termination under the terms provided for in these Terms of Use.

 

VI.   User Account

 

6.1.            The User Account is activated and can be accessed by the Registered User after the registration has been completed. For this purpose, the Registered User needs to fill in his/her User Name and Password and click the button Sign In.

6.2.            The information provided by the Registered User in his/her User Account shall be true, exact and not misleading.

6.3.            There is one type of User Accounts registration of a User as individual.

6.4.            The Registered User undertakes not to reveal his/her Passwords to third parties and to immediately notify Melissa Climate in case of irregular access, as well as if there is probability of such. The Registered User is obliged to take all due care and the necessary measures, which are reasonably needed in order to protect his/her Password and shall be fully liable for all actions performed by him/her or by a third party through their use.

6.5.            Melissa Climate shall not verify and shall not be liable for the truthfulness of the information provided by the Registered User upon his/her registration or in the use of the Services, nor whether the names indicated by him/her, affect any rights of third parties, including right on a name and other personal rights, right on a trade name (firm), right on a mark or any other intellectual or industrial property rights.

 

VII.          Providing of Services

 

7.1.            The Services, provided by Melissa Climate via the Website and/or the App are information society services within the meaning of Bulgarian Electronic Commerce Act, where the specific Services, their content, conditions for their providing or use and prices (if any) are published on the Website and/or on the App.

7.2.            Melissa Climate grants web-access (in accordance with HTTP protocol), free of charge for personal use, without registration, to the following resources and Services on the Website:

7.2.1.      ccess to information sources, including text, graphic, audio and video materials, database and others, developed by Melissa Climate, its partners or other Users and published on the Website. The information sources can be found in different sections of the Website including, but not limited to the following sections:

7.2.1.1.         Home: database containing information on the basic principles of functioning of the Website, the App and the Device;

7.2.1.2.         Mobile App: database containing information regarding the features of the App;

7.2.1.3.         Installation: database containing information on the process of installation of the App, its connection with the Device and instructions on the remote control of the air conditioners;

7.2.1.4.         Blog: database containing publications and information regarding Melissa Climates business activity, useful advices and tips for working with the Device and the App, articles and news on eco and health-related topics, etc.;

7.2.1.5.         Distributors: database containing a list of the distribution partners of Melissa Climate, a request form for companies interested in becoming Melissa Climates distributors, etc.;

7.2.1.6.         Support: database containing information regarding the different air conditioner brands compatible with the Device, etc.

7.2.2.      ccess to and opportunity to buy the Devices via a distance contract where the purchase price and the purchase terms are to be specified on the Website.

7.2.2.1.            The User uses a purchase form to make the order which may include name, address, telephone number, electronic mail address, the number of Devices to be purchased and any other relevant information.

7.2.2.2.            The total amount due for the order is VAT included and shall be paid via bank transfer, PayPal or otherwise as specified on the Website.

7.2.2.3.            If the delivery costs are to be paid by the User this is to specified next to the purchase price of the Device.

7.2.2.4.            After the order has been made, the User shall receive a confirmation of the order at the electronic mail address indicated in the purchase form.

7.2.2.5.            In case of purchase of Device trough distance contracts via the Website the User declares that, before the conclusion of the purchase contract, he/she has been provided in a clear and comprehensive manner with the compulsory information under the Consumers Protection Act and for this purpose he/she received from Melissa Climate document entitled Prior Information Provided to Customers Before Conclusion of Distance Contracts Appendix 1 hereto, which is accessible at the following Webpage: www.seemelissa.com

7.2.2.6.            For any distance contract the User is entitled to withdraw from the contract either by using the withdrawal form (Appendix 2) or otherwise, such withdrawal must be notified to Melissa Climate in writing within 14 days from the date of receipt of the Device to the office of Melissa Climate located at 1404 Sofia, Triaditza District, 110 Bulgaria Boulevard, office 3 & 5. After expiry of the 14-day term, the User shall not be entitled to withdraw from the distance contract.

7.2.2.7.            If the User exercised his/her right of withdrawal from the distance contract, he/she must send the Device to Melissa Climate not later than 14 days from the date on which the User notified Melissa Climate for the withdrawal. The direct costs for return of the Device shall be paid by the User.

7.2.2.8.            Provided that the Device has been damaged or tested beyond what was reasonable to test Devices nature, characteristics or functionalities, the User shall be responsible for the reduced value of the Device.

7.2.2.9.            Where the right of withdrawal has been exercised by the User, Melissa Climate shall be obliged to reimburse to the User all sums paid by him/her, including the delivery costs, without undue delay and in any event no later than 14 days from the date on which Melissa Climate was notified of Users withdrawal. Melissa Climate is entitled to delay reimbursement until receipt the Device or of a proof that the User sent back the Device, whichever happened earlier.

7.2.2.10.        The User agrees that all amounts will be reimbursed by Melissa Climate to the bank account specified in the withdrawal notification.

7.2.2.11.        All provisions related to the right of withdrawal shall apply as long as the User is a consumer under the meaning of the Consumers Protection Act.

7.2.3.      Receiving news, newsletters and other communications, as well as information about future events and invitations connected with Melissa Climate and/or its partners. By providing his electronic mail address and accepting these Terms of Use in the Device purchase procedure the User agrees to receive such news, newsletters and other communications from Melissa Climate at the electronic mail address provided in the Device purchase process. Each User is entitled to unsubscribe at any time by sending an email to the following electronic mail address: hi@seemelissa.com

7.2.4.      Other services and resources accessible to Unregistered Users through the Website.

7.3.            Melissa Climate provides the following Services through the App:

7.3.1.      opportunity for a Registered User to create a User Account according to the requirements set by Melissa Climate, to register its Device and to remotely control his/her air conditioner, as well as to use any other available functionalities;

7.3.2.      opportunity to use the App Demo Version and its functionalities;

7.3.3.      receiving news, newsletters and other communications, as well as information about future events and invitations connected with Melissa Climate and/or its partners. By accepting these Terms of Use the User agrees to receive such news, newsletters and other communications from Melissa Climate at the electronic mail address provided in the registration. Each Registered User is entitled to unsubscribe at any time by clicking on the link in the newsletter e-mail body.

7.3.4.      other Services provided to Registered Users via the App.

7.4.            The User agrees that Melissa Climate may carry out telephone connection with him/her via the telephone number provided in the registration in case it is necessary with regard to the use of the Services.

 

VIII.       Rights and Obligations of the User

 

8.1.            The User is entitled to online access to the Services, provided through the Website and/or the App in compliance with the requirements for access determined by Melissa Climate.

8.2.            The User is entitled to access to the content uploaded on the Website and/or the App, solely for personal use and by using the regular functionalities of the Website and/or the App. Access to multimedia content and other content (audio and video records/files) may be carried out only by streaming transmission of a steady stream of audio and video signals via the Internet from the Website and/or the App to the end device of the User, enabling the User to watch and listen to audio and video records in real time whereupon no permanent copy remains and no download, distribution or time shifting is possible, unless that is explicitly and unequivocally allowed by Melissa Climate, such as indication of a download option (a download button or Link) to the respective content.

8.3.            The right of access granted to the User does not include the right to copy or reproduce information, or to use objects of intellectual or industrial property protection, unless it is a negligible amount of information intended for personal use only, provided that the use does not harm the legitimate interest of the authors on other intellectual or industrial property right holders and copying or reproduction is made for non-commercial purposes. Notwithstanding the above, the User shall be obliged not to remove copyright, trademark and any other notices of intellectual or industrial property rights from the materials available to him/her, regardless of the fact whether the right holder is Melissa Climate or a third party.

8.4.            Through the function Share the User can also share materials posted on the Blog section of the Website with contacts selected by him/her in the social networks Facebook, Twitter, LinkedIn, Google +, Printerest by adding a customized message to the shared materials.

8.5.            The User undertakes in the process of use of the Services provided by Melissa Climate not to load/upload on a Server of Melissa Climate and not to make known to third parties in any way content such as information, data, text, sound, files, software, video, photographs, graphics, audio materials, communications, nor any other materials or Links to materials:

8.5.1.      inconsistent with Bulgarian legislation, the applicable foreign laws, these Terms of Use, the Internet ethics, the common rules of decency and morality;

8.5.2.      subject to intellectual or industrial property rights of third parties, save with the consent of the right holder;

8.5.3.      constituting trade or professional secret or any other confidential information, whose disclosure is forbidden by a contract, law or an act of a competent state or municipal authority;

8.5.4.      containing information of other users passwords or access rights without the consent of their holder, as well as software for access to such passwords or rights;

8.5.5.      containing personal data regarding third parties or any other information protected by law, except in compliance with all applicable requirements for their protection, processing and use;

8.5.6.      calling for or containing human or animal violence, humiliation of human dignity, threats to life and physical integrity of persons or animals;

8.5.7.      depicting accidents and other serious incidents or crimes; victims of accidents, incidents or crimes;

8.5.8.      with pornographic or explicit sexual content;

8.5.9.      representing or calling for discrimination, based on sex, race, nationality, ethnicity, citizenship, origin, religion or belief, education, beliefs, political affiliation, personal or public status, disability, age, sexual orientation, marital status, property status or any other signs;

8.5.10.  harmful to the good name, honour or dignity of third parties;

8.5.11.  calling for a violent change of the constitutional order, commission of a crime, personal violence or incitement of racial, ethnic or religious hatred;

8.5.12.  which include content of illegal, sexist, obscene, abusive, threatening, defamatory, hateful or indecent character as well as such that may embarrass, harm the reputation of or insult a third person or disclose a secret protected by law;

8.5.13.  presenting or encouraging behaviour, which threatens environment protection;

8.5.14.  containing information, inciting the commission of terrorist activities and any information relating to terrorism;

8.5.15.  violating any proprietary rights or any legitimate interests of third parties;

8.5.16.  of poor quality and unclear content.

8.5.17.  advertising messages or materials advertising or promoting other websites, business, products or services, such as links, banners, images, logos, slogans, etc. without prior permission.

8.6.            The User undertakes not to access any content uploaded on the Website and/or the App, by any other technology or device, different from the technologies and devices referred to at the Website and/or the App and carried out through their regular functionalities.

8.7.            The User undertakes in the process of use of the Services provided by Melissa Climate:

8.7.1.      not to perform Malicious Actions within the meaning of these Terms of Use;

8.7.2.      not to use, copy and distribute any content accessible on the Website and/or the App for any commercial purposes;

8.7.3.      not to engage in political campaigning or religious propaganda;

8.7.4.      not to call for aggression, racism, cruelty and other actions aimed at creating fear, confusion, panic, hatred, and intolerance;

8.7.5.      not to use methods causing the unwanted loading of content unauthorized by the Internet users by using pop-up, blind link and the like;

8.7.6.      not to interfere with the proper operation of the Website and/or the App, including but not limited to, not to disturb the process of identification of another User, not to gain access beyond that provided to him/her, not to harm the availability, reliability or quality of the Services provided to other Users, as well as not to use the Services in a way that causes a denial of service;

8.7.7.      not to extract by technical means or in a technical way any information resources or parts thereof which are included into the databases available at the Website and/or the App and thus not to create his/her own database in electronic or any other form;

8.7.8.      not to impersonate another person or representative of a person who is not authorized to represent or otherwise mislead Melissa Climate or third parties with regard to his/her identity or affiliation to a certain group of people;

8.7.9.      to immediately notify Melissa Climate of any case of performed or discovered violation in the use of the provided Services;

8.7.10.  to notify Melissa Climate upon detection of damaged files with a view to their removal.

8.8.            When using the functions Be the first to comment/ Add comment the User may not in any way use the comments for publishing, making or accepting any offers for or entering into any legal transactions, or making any other electronic statements within the meaning of the Bulgarian EDESA.

8.9.            Melissa Climate reserves the right to edit, move, block or remove at its sole discretion posts and comments published in the Blog section of the Website or any other User Content published on the Website and/or the App. In case of minor violations of the present Terms of Use, Melissa Climate is entitled to address to the User first and second warning or to suspend temporarily the access of the User to the Blog section of the Website, or to the Website/the App respectively, after a warning has been made. In case that after performing two violations the User performs a third violation of the present Terms of Use, as well as in case that the User performs a single serious violation of the present Terms of Use, Melissa Climate shall be entitled immediately and without prior notification to block the access of the User to his/her User Account, if any. In such cases Melissa Climate is entitled to terminate the registration of the Registered User and to delete from its servers all User Content (including posts, comments, etc.) published by the latter. The contract with the Registered User shall be deemed automatically terminated as of the date of termination of the registration of the latter.

8.10.        The Registered User may cease at any time at his/her sole discretion the use of the Services provided by Melissa Climate by deactivating his/her User Account.

 

IX.   Rights and Obligations of Melissa Climate

 

9.1.            Melissa Climate has no obligation or objective ability to control the way in which the User uses the provided Services and is not liable for the Users posts or comments, neither for the activity of the User in connection with the Use of the Services. Melissa Climate has no obligation to check, monitor or record information, messages and other materials which the Users load, upload, use, distribute or make available to third parties in any manner, neither to seek facts or circumstances indicating illegal activity carried out by the User through the use of the Services.

9.2.            In compliance with the requirement of the legislation in force Melissa Climate stores information for the User (including personal data such as Users name, electronic mail address, telephone number, geolocation data etc.). Melissa Climate shall be entitled to submit the described data (including personal data) to the competent state authorities in the cases where Melissa Climate has been requested by the respective state authorities in compliance with the relevant procedure.

9.3.            Melissa Climate undertakes to take due care to enable the User to use the Services normally (provided that the User complies with all instructions for use of the Website, the App and/or the Device). Notwithstanding the above, Melissa Climate does not guarantee that the Services will satisfy the User, or that these Services will be uninterrupted, timely or secure.

9.4.            In case of purchase of Device, Melissa Climate shall be responsible for any lack of conformity of the Device with the purchase contract that exists when the goods are delivered or appears up to two years after its delivery. When making a complaint for a product, the User may claim a refund of the price of the Device, replacement of the Device with another one that conform with the purchase contract, reduction of the price or a free repair of the Device in compliance with the Consumers Protection Act. When making a complaint, the User is obliged to present to Melissa Climate an original invoice and a warranty card. If the User does not provide either of the documents the User shall not benefit from the rights associated with the guarantee and return of goods. The User shall be entitled to make a complaint in written or oral form, and any claims in connection with the purchase of the Device in the office of Melissa , located at 1404 Sofia, Triaditza District, 110 Bulgaria Boulevard, office 3 & 5. The date of notification shall be the date on which the User has deposited or made notice of complaint/claim.

9.5.            Melissa Climate is entitled, without being obliged, at its sole discretion and without notice to suspend, restrict or change the Services provided to the User, as well as to approach the competent state authorities if, through its behavior the User, in Melissa Climates opinion, violates provisions of the Bulgarian legislation in force, of these Terms of Use or the rights and legitimate interests of third parties.

9.6.            Melissa Climate is entitled, without being obliged at its sole discretion and without notice, to suspend or restrict the access to certain Users posts and comments and respectively to remove partially or in full from the Website Users posts and comments, when Melissa Climate finds that such posts and comments are inconsistent with the Bulgarian legislation in force, these Terms of Use or the rights and legitimate interests of third parties.

9.7.            Upon receipt of claims of third parties that posts and comments of a certain User published on the Website violate their intellectual property rights, as well as in case that the User violates intellectual property rights of Melissa Climate, Melissa Climate shall be entitled at its sole discretion and without prior warning to suspend the access to the Website until settlement of such dispute by an act of a competent state authority. Upon receipt of an order from a competent state authority, concerning the said content, Melissa Climate shall be entitled to suspend the access to it without prior warning and to carry out other actions pursuant to the received order.

9.8.             Melissa Climate is not obliged to store or restore User Content or other information from or for the User, which has been deleted by the User, by Melissa Climate or by a third party, regardless of the reasons for such deletion.

9.9.             Melissa Climate has no obligation to delete information resources published at the Blog section or in any other section of the Website upon the request of the User who posted them.

9.10.        Melissa Climate is entitled to place on each of the Webpages of the Website and on each of the sections of the App, advertisement banners and other forms of advertisement of goods and services, offered by Melissa Climate or by third parties, as well as Links and advertisement banners forwarding to websites out of Melissa Climates control. Melissa Climate is not liable for the content, truthfulness and conformity with the law of such Webpages and resources, neither for goods or resources, which have become known to the User in the process of use of the Services, nor for the content, truthfulness and conformity with the law of the information in the opinions uploaded by them and other User Content.

9.11.        Melissa Climate, as well as any third party which Melissa Climate has granted permission to, are entitled to send Unsolicited Commercial Communications to the Registered Users or to the electronic mail addresses provided by the User in the Device purchase process through the Website for offering information and advertisements regarding either Melissa Climates or third partys goods and/or services, for making inquiries on various issues, for carrying out surveys, etc. By accepting these Terms of Use the User agrees to receive Unsolicited Commercial Communications from Melissa Climate and from any other third party which Melissa Climate has granted permission to.

9.12.        Melissa Climate is entitled without prior notice to deactivate the Password for access to the User Account of the Registered User in case that in Melissa Climates opinion the Registered User violates provisions of the Bulgarian legislation in force, these Terms of Use or the rights and legitimate interests of third parties. In such cases Melissa Climate shall be entitled to cancel the registration of the Registered User and to delete from its servers all the posts and comments he/she has published, if any. The contract with the Registered User shall be deemed automatically terminated as of the date of cancelling his/her registration.

9.13.        Whenever Melissa Climate receives information, which gives grounds to assume that the Users behaviour in the use of the Services may constitute a crime or an administrative violation, Melissa Climate shall be entitled at its sole discretion to approach the competent state authorities and to provide them the necessary cooperation and all necessary information and material, requested in compliance with the relevant procedure, which could be of help for identifying the perpetrator and proving the committed crime or an administrative violation.

9.14.        Melissa Climate retains the right to suspend the provision of particular Services, accessible through the Website and/or the App, after giving a notice by publishing a communication on the relevant Webpages at the Website, the relevant sections of the App and/or in the User Account of the Registered User.

 

X.      Intellectual Property

 

10.1.        By uploading any post, comment, video material, image, text or another material (User Content) on the Website, the User grants to Melisa Climate the non-exclusive right to use it, record it, store it, distribute it publicly on the Internet, including to offer access to it to an unlimited number of persons in a manner allowing this access to be carried out from a place and at a time individually chosen by each of them, for the needs of and in connection with the provision of the Services, subject to these Terms of Use, without due consideration, and without territorial limitations (worldwide).

10.2.        The right under the preceding paragraph shall be granted for the period of time in which the User Content is uploaded on a Server of Melisa Climate, as well as for a reasonable term following its removal or deletion. The right granted to Melisa Climate includes the right to use the User Content for the needs of promoting or advertising Melisa Climate and the Website and/or the App in other media and/or in revised form, including the right to sublicense the use of the User Content to other media in connection with the development of the activity of Melisa Climate. The User declares that he/she is a copyright holder or has the right to use the respective material in the manner specified herein, including the right to sublicense the use of the respective material, having acquired this right on legal, contractual or another lawful grounds, as well as that the uploading of this content on the Website and/or the App and its use in compliance with these Terms of Use does not violate the rights of third parties. In addition, the User declares that he/she has been given the consent of each person, which participates or is depicted or is in any way whatsoever mentioned in the User Content he/she uploads with a view to the shooting, depicting, use of the name or other data regarding such person, as well as the uploading of the respective material on the Website and/or the App.

10.3.        By uploading any User Content on the Website and/or the App, the User agrees and grants to all other Users, including the Unregistered Users, the non-exclusive right to access the uploaded materials, the right to use and reproduce them in the manner provided by Melisa Climate a through the Services, without due consideration and without territorial limitations (worldwide). The right under this paragraph shall be granted for the period of time in which the User Content is uploaded on a Server of Melisa Climate, as well as for a reasonable term following its removal or deletion. For the avoidance of any doubt, the User explicitly agrees that other Users may use and reproduce his/her User Content on their personal websites by using the Share functions provided by Melisa Climate, as well as by offering to an unlimited number of people access to his/her User Content from a place and at a time individually chosen by them for non-commercial purposes.

10.4.        By uploading any User Content on the Website and/or the App, the User agrees and grants to Melisa Climate the right to visualize the uploaded materials in the User Accounts, created by other Registered Users, as well as to use at its sole discretion graphic images, advertising formats, etc. in the designing of the Webpages of the Website or of the App, where the User Content is visualized.

10.5.        In the use of the Services the User may have access to various content and resources, which are subject to copyright or other intellectual or industrial property rights of Melissa Climate, of other Users, or of persons indicated respectively. The User has access to the content with a view to its use for personal needs in compliance with these Terms of Use and is not entitled to use, record, store, reproduce, change, adapt, publicly distribute the content, which has become accessible to him/her during the use of the Services, except for the cases where he/she has been given the explicit consent of the respective right holders.

10.6.        The User shall be obliged not to circumvent, conduct or otherwise obstruct the normal operation of technical or software applications installed by Melissa Climate on the Website and/or on the App with a view to prevention or restriction of the use of the Website and/or the App content in violation of the present Terms of Use.

10.7.        The User is solely liable for the legitimacy of the User Content published or made accessible by the User through the use of the Services, as well as for his/her actions related to the publishing of such content and the consequences of its publication.

10.8.        The intellectual property rights on all materials and resources on the Website and/or on the App are subject to protection pursuant to the Bulgarian legislation, are held by Melissa Climate or another duly designated person that has granted the right of use to Melissa Climate, and may not be used in violation of the legislation in force.

10.9.        In case the User considers that his/her intellectual property rights or other property or intangible rights are violated by another User and wishes to submit a signal for violation related to the User Content on the Website or on the App, the User shall send a notification to the following address:

 

Melisa Climate Ltd.

110 Bulgaria Boulevard, office 3 & 5

1404 Sofia, Triaditza District,

Bulgaria

Electronic mail address: hi@seemelissa.com

 

The notification of the alleged violation shall be in writing and shall contain at least the following requisites:

a) Signature (including qualified electronic signature) of the person or a duly authorized representative of the person that is a holder of the allegedly violated right;

b) Power of attorney in case the notification has been submitted by an authorized representative;

c) Specification of the allegedly violated User Content (in case violation with respect to several materials is claimed a comprehensive list of all such materials), as well as specification of the exact URL address enabling Melisa Climate to identify the User Content;

d) Relevant information for Melisa Climate to contact the person filing the notification specified names, address, telephone and electronic mail address;

e) Declaration by the person filing the notification that he/she believes in good faith that the described use of the User Content has not been authorized by the intellectual property rights holder, his/her representatives and agents or by law;

f) Declaration that the information stated in the notification is authentic and that the person filing the notification acts in his/her capacity as the holder of the allegedly violated right or a duly authorized representative, and relevant evidence of the ownership of the rights.

Melisa Climate, at its sole discretion, undertakes the actions stipulated in the present Terms of Use.

10.10.    In case the User considers the access to the User Content published by him/her to be unduly limited, the same shall send a written notification to Melisa Climate as regulated in Article 10.9. Following the receipt of the notification, Melisa Climate shall forward it to the User that has filed the notification under Article 10.9, and at its discretion shall take the actions stipulated in the present Terms of Use.

 

XI.   Liability

 

11.1.        Melissa Climate takes due care to provide the Services for normal use to the User only in accordance with the instructions for use of the App, provided by Melissa Climate to the User upon registration, and with the instructions for use of the Device, provided by Melissa Climate to the User upon purchase. Melissa Climate is not obliged to and does not guarantee that the Services provided free of charge will satisfy the Users requirements or that the Services will be uninterrupted, timely and secure. By accepting the present Terms of Use, the User declares that the use of the Services provided shall be entirely at his/her risk and liability, and the parties agree that Melissa Climate shall not be liable for any damages that might be incurred by the User in the course of the use of the Services, unless such damages are caused by Melissa Climate intentionally or are due to gross negligence.

11.2.        Melissa Climate shall not be liable for any damages caused on the Users software, hardware, devices and equipment (including air conditioner(s)), neither for any loss of data, arising from any materials or resources uploaded or used in any way through the medium of the Services provided.

11.3.        Melissa Climate shall not be liable for non-provision of the Services owing to any circumstances beyond Melissa Climates control in cases of Force Majeure Events, any problems in the global Internet and in the service provision beyond the control of Melissa Climate, any problems due to the Users equipment, as well as in case of unauthorised access or intervention by third parties in the operation of Melissa Climates Information System or Servers.

11.4.        By accepting the present Terms of Use, the User declares that he/she realises the possibility of any interruptions and other kinds of problems in the provision of the Internet connection to the Website and/or the App that might arise irrespective of Melissa Climates due care. The User declares that he/she will not claim any indemnifications from Melissa Climate for loss of profit, any damages incurred or inconvenience caused as of result of the aforesaid interruptions or problems in the Internet connection, including with respect to the capacity of the Internet connection.

11.5.        The parties acknowledge that Melissa Climate shall not be liable for the non-provision of the Services or provision of Services with worsened quality as result of tests performed by Melissa Climate for examination of the equipment, connections, networks and others, for the purposes of improvement and optimization of the Services provided. In such cases, Melissa Climate shall notify the User in advance of the expected temporary non-provision or provision with worsened quality of the Services by publishing a relevant announcement on the Website and/or on the App or in any other appropriate manner.

11.6.        Melissa Climate shall not be liable for the Users posts, comments or other User Content provided by the User on the Website and/or the App, as well as for the Users activity related to the use of the Services. Besides, Melissa Climate shall not be liable for any damages incurred by other Users as a result of their access to or use of this content provided to them by the User or made accessible through the Website and/or the App. Melissa Climate shall not be liable before the User and any third persons for any damages incurred and loss of profit arising as a result of the termination, suspension, amendment or limitation of the Services, the deletion, modification, loss, unauthenticity, inaccuracy or incompleteness of messages, materials or information used, recorded or made accessible through the Website and/or the App.

11.7.        Melissa Climate shall not be liable for damages incurred and loss of profit by the User or any third persons arising as a result of the termination, change or limitation of the Services or the termination of the contract due to violation by the User of these Terms of Use or the legislation in force, or due to provision of information or execution of orders issued by competent authorities.

11.8.        Melissa Climate shall not be liable for the availability, quality, trustworthiness, suitability for a particular purpose and the safety of goods and content of services presented to the User by means of any information published on the Website and/or on the App, or by publishing on the Website and/or on the App of Links, advertisement banners and communications for sale of goods and provision of services by third persons and/or by attaching such to Commercial Communications sent to the electronic mail address specified by the User at his/her registration or in the Device purchase process. As far as the actions performed by such third persons are beyond the control of Melissa Climate, the latter shall not be liable for the unlawful activity of the third persons or for the arising, guaranteeing, fulfilment, change and termination of undertaken obligations and commitments related to the goods and services provided by such third persons, and shall not be liable for any damages incurred and loss of profit ensuing from these relations.

11.9.        Melissa Climate shall not be liable for any damages caused on the person whose personal data have been used with or without his/her consent by another person for the use of Services provided by Melissa Climate.

11.10.    If the User carries out acts contrary to the Bulgarian legislation or these Terms of Use, Melissa Climate is entitled to suspend the Users access to the Services, whereas in such cases the User agrees that Melissa Climate shall not be liable for failure to provide the Services.

 

XII.          Indemnifications

 

12.1.        The User shall indemnify Melissa Climate and any third party for any and all damages and loss of profit incurred, including for penalty payments, attorney fees, litigation expenses and other expenses arising from filed claims by and/or paid compensations to third persons in relation to posts, comments, User Content etc. published by the User or other information and materials made available to third persons or made accessible by the User through the use of the Services in violation of the Bulgarian legislation, applicable foreign laws, these Terms of Use and in violation of good faith, as well as other breach of the Users obligations under these Terms of Use.

12.2.        Apart from the above, the Registered User shall be obliged to compensate Melissa Climate for all and any damages incurred as a result of the use of the Services by third persons that have been provided by the Registered User with his/her Passwords in violation of these Terms of Use.

12.3.        The parents exercising their parental rights or the custodians of an underage person shall be liable for all damages caused by the latter to Melissa Climate or to third persons upon the registration and the use of the Services, as well as for all damages caused by presentation of false data or unauthenticity of the declaration under Article 4.4.

12.4.        The obligations of the parties under the present Section XII of the Terms of Use shall remain in effect even after the termination of the contract with the User, including after the termination of the activity and existence of the Website and/or the App themselves.

 

XIII.       Termination of the Registration. Termination of the Contract

 

13.1.        Each Registered User shall be entitled to terminate his/her registration at the App and cease the use of the Services provided by contacting Melissa Climate at the following electronic mail address: hi@seemelissa.com. The contract between the parties shall be deemed automatically terminated as of the date of termination of the registration of the Registered User, as Melissa Climate shall suspend his/her access to his/her User Account and shall also be entitled to remove from its Servers all content (opinions, comments etc.) published by the respective User.

13.2.        Besides the cases stipulated in the present Terms of Use, the contract between the parties shall be terminated upon occurrence of one of the following circumstances:

13.2.1.  Termination of Melissa Climates activity or termination of the support of the Website and/or the App;

13.2.2.  Upon mutual consent between the parties;

13.2.3.  In other cases as provided by law or these Terms of Use.

13.3.        In case of termination of the contract between the parties on any grounds, Melissa Climate shall be entitled to immediately terminate the access of the respective Registered User to the User Account, to terminate his/her registration and delete from its Servers the whole content (opinions, comments etc.) published by the respective User in compliance with the provisions of the applicable legislation. In case of termination of the contract, Melissa Climate shall not be liable for damages and loss of profit incurred by the User or third persons arising as a result of the termination of his/her access to his/her User Account, the termination of his/her registration, the deletion from Melissa Climates Servers of content (posts, comments, other User Content, etc.) published by the respective User, and as a result of the provision of information or execution of orders issued by the competent state authorities.

13.4.        If a User wishes content (posts, comments, other User Content, etc.) published by him/her to be removed after termination of the contract, the User shall send an explicit request to Melissa Climate in which case Melissa Climate shall delete it from its Servers in a reasonable term. This shall not apply to the log files with the IP address of the User stored by Melissa Climate, as well as any other information, necessary for identification of the User and reproduction of the Users electronic statement for agreement to the Terms of Use, stored in case legal disputes arise.

13.5.        The provisions of Part X, Part XII and Part XIII of these Terms of Use shall survive termination of the contract.

 

XIV.       Amendments to the Terms of Use

 

14.1.        As far as the Services provided by Melissa Climate are various and constantly supplemented and modified for the purpose of their development and expansion and with a view to legislative changes, the Terms of Use may be unilaterally amended by Melissa Climate.

14.2.        In case of any amendments to the Terms of Use, Melissa Climate shall notify the User of such amendments by publishing them on the Website and/or the App and by sending a notification of the amendments to the electronic mail address specified in the User Account of the Registered User, containing the text of the amendments or a link to a Webpage where they are published within a 7-day term of the change. The User is entitled to withdraw from the contract within a 1-month term as of being notified in the manner described above.

14.3.        If within the term under Article 14.2 the Registered User does not claim to reject the amendments to the Terms of Use, the amendments shall be deemed binding for the Registered User. Should the Registered User state to reject the amendments by sending a notification to Melissa Climate to the following electronic mail address: hi@seemelissa.com or otherwise as specified by Melissa Climate, the contract under Article 5.1 shall be deemed terminated immediately upon the receipt of the rejection notification.

14.4.        An Unregistered User shall express his/her disapproval of the amendments to the Terms of Use by suspending the use of the Services accessible to Unregistered Users.

 

XV.          Other Provisions

 

15.1.        Melissa Climate shall be entitled to collect, store and use information about Users. The conditions for Melissa Climates processing and protection of such information, including the persons to whom Melissa Climate may disclose it and the procedure thereof, are stipulated in these Terms of Use and the Policy, which are integral part of these Terms of Use and the contract under Article 5.1. and are available on the Internet, on the following Webpage www.seemelissa.com and on the App in a form that allows their storage and playback. By accepting these Terms of Use, the User declares to have been introduced to the Policy as well and to accept the latter.

15.2.        No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.

15.3.        Unless otherwise explicitly provided, the written statements and notifications stipulated in these Terms of Use and the Policy shall be deemed valid if made in the form of a letter with a return receipt, electronic mail, pressing of a virtual button on the Website and/or the App and in other similar manner, as far as the statement is technically recorded in a way allowing its reproduction.

15.4.        By accepting the present Terms of Use and entering into a contract, the parties express their consent to deem the electronic statements exchanged between them to be received upon their entry into the information system specified by the addressee, without an express confirmation. In case the User has specified an invalid electronic mail address, the message shall be deemed received upon its being sent by Melissa Climate, even if not actually received.

15.5.        If any provision of the Terms of Use or of the Policy proves to be null and void, this shall not entail nullity of the contract, other provisions or other parts thereof. The void provision shall be replaced by the imperative norms of law or by the established practice or custom.

15.6.        The Website and the App are maintained by Melissa Climate through equipment located on the territory of the Republic of Bulgaria. Melissa Climate cannot guarantee and shall not be liable for the availability and proper provision of the Services outside the territory of the Republic of Bulgaria. In the event that the User uses the Services outside the Republic of Bulgaria, the User shall be solely responsible for their use in compliance with the applicable legislation within the place of use of the Services. The User should contact his/her local distributor for more information about the products that are available in third countries different from the Republic of Bulgaria. Products that are shown on the Website and on the App are only visual images, and, as such, are not in their real size, colour, packaging, etc.

15.7.        These Terms of Use shall not apply to Services assigned with specific rules, unless otherwise provided therein.

15.8.        The Terms of Use and the Policy shall be governed by Bulgarian law and for all matters not settled by the present Terms of Use and the Policy, the provisions of the Bulgarian legislation in force shall apply.

15.9.        All disputes between the parties arising out of or in connection with the contract between them, including those arising from or related to their interpretation, validity, performance or termination, as well as disputes on filling any gaps in the contract or its adaptation to new circumstances, shall be resolved amicably and in good faith, through negotiations and mutual concessions. If it proves impossible to reach agreement within one month as of the arising of the dispute, the dispute may be referred for resolution to the competent court in Sofia, in compliance with the Bulgarian legislation in force.

 

 

These Terms of Use have been approved on ..

 

 


Appendix 1

Prior Information Provided to Customers Before Conclusion of Distance Contracts

 

This information is provided pursuant to Art. 47 of the Consumers Protection Act to individuals who are consumers under the meaning of the Consumers Protection Act.

 

All terms used herein in capital letter shall have the meaning as defined in the Terms of Use.

 

1. Melissa Climate Ltd., a limited liability company, incorporated and existing pursuant to the laws of the Republic of Bulgaria, having its seat and registered office at 1000 Sofia, Sredets District, 4 General Y.V. Gurko Str., 2nd floor, registered with the Commercial Register at the Registry Agency with UIC 203131715.

 

The official contact details of Melissa Climate Ltd. are: telephone number: +359 800 3 1010, electronic mail address: hi@seemelissa.com, website: www.seemelissa.com and address Sofia 1404, 110 Bulgaria Boulevard, office 3 & 5.

 

2. The Device is an universal Wi-Fi Split Systems/Window Air Conditioner Controller which enables remote control of one air conditioner through the use of the App, available for free download through Google Play for Android devices, App-Store for IOS devices, etc.

 

3. The price of the Device is visible on the right bottom corner of the order form next to the words TOTAL AMOUNT DUE and includes all taxes. The order form also specifies the shipping costs. The total amount shall be paid via bank transfer, card payment, PayPal or otherwise as specified in the order form.

 

4. Delivery of the Device is carried out in 7 to 14 days (generally) - term as of the date of receipt of the purchase order by Melissa Climate.

 

5. The User is entitled to withdraw from the purchase contract, and he/she received from Melissa Climate Standard Withdrawal Form for Exercising the Right to Withdraw from the Purchase Contract which is accessible on the following Webpage www.seemelissa.com. For any distance contract the User is entitled to withdraw from the contract and he/she received from Melissa Climate Standard Distance Contract Withdrawal Form (Appendix 2) which is accessible at the following Webpage: www.seemelissa.com. In case the User withdraws from the contact either by using the withdrawal form or otherwise, such withdrawal must be notified to Melissa Climate in writing within 14 days from the date of receipt of the Device to the registered office of Melissa Climate located at 1000 Sofia, Sredets District, 4 General Y.V. Gurko Str., 2nd floor. After expiry of the 14-day term, the User shall not be entitled to withdraw from the contract. If the User exercised his/her right of withdrawal from the distance contract, he/she must send the Device to Melissa Climate not later than 14 days from the date on which the User notified Melissa Climate for the withdrawal. The direct costs for return of the Device shall be paid by the User. Provided that the Device has been damaged or tested beyond what was reasonable to test Devices nature, characteristics or functionalities, the User shall be responsible for the reduced value of the Device. Where the right of withdrawal has been exercised by the User, Melissa Climate shall be obliged to reimburse to the User all sums paid by him/her, including the delivery costs, without undue delay and in any event no later than 14 days from the date on which Melissa Climate was notified of Users withdrawal. Melissa Climate is entitled to delay reimbursement until receipt the Device or of a proof that the User sent back the Device, whichever happened earlier. The User agrees that all amounts will be reimbursed by Melissa Climate to the bank account specified in the withdrawal notification.

 

6. In case of purchase of Device, Melissa Climate shall be responsible for any lack of conformity of the Device with the purchase contract that exists when the goods are delivered or appears up to two years after its delivery. When making a complaint for a product, the User may claim a refund of the price of the Device, replacement of the Device with another one that conforms with the purchase contract, reduction of the price or a free repair of the Device in compliance with the Consumers Protection Act. When making a complaint, the User is obliged to present to Melissa Climate or to the authorized dealer an original invoice and a printout of the warranty activation e-mail message. If the User does not provide either of the documents the User shall not benefit from the rights associated with the guarantee and return of goods. The User shall be entitled to make a complaint in written or oral form, and any claims in connection with the purchase of the Device in the office of Melissa, located at 1404 Sofia, Triaditza District, 110 Bulgaria Boulevard, office 3 & 5. The date of notification shall be the date on which the User has deposited or made notice of complaint/claim.

6. All User complaints related to the distance contract could be addressed to the office of Melissa Climate, located at 1404 Sofia, Triaditza District, 110 Bulgaria Boulevard, office 3 & 5and the following electronic mail address: hi@seemelissa.com


 

Appendix 2

 

Standard distance contract withdrawal form

 

(Please fill in and send the present form only if you wish to withdraw from the distance contract)

 

To: Melissa Climate Ltd., having its seat and registered office at 1000 Sofia, Sredets District, 4 General Y.V. Gurko Str., 2nd floor, registered with the Commercial Register at the Registry Agency under UIC 203131715, telephone number: + 359 800 3 1010, electronic mail address: hi@seemelissa.com

 

Hereby I/we do notify that I withdraw from the distance contract I concluded for the purchase of the following Device*:

___________________________________________________________________________________________________

 

The Device has been ordered/received on the following date/dates ___________________________________________________/have not been received yet.*

 

 

 

_____________________________________________________________________________________*

(Full name and address of the consumer)

 

(Bank account number/BIC/account holder name for return of the costs)

 

Date: __________________

 

Users signature: __________________ (Only if the present form is on paper)

 

 

* What is not applicable shall be crossed out, and the blank fields shall be filled in.