General Terms and Conditions for Concluding a Distance Sale Contract via the Website https://mobileship.eu
1. General Provisions
1.1. These General Terms and Conditions govern the relationship between Mobileship EOOD, EIK 202164723, with registered address at Sofia, postal code 1233, Sredets District, Banishora Residential Complex, Block 16A, Entrance A, Floor 2, Apartment 5, Phone: +359 889 812 411, hereinafter referred to as the SELLER, and a client or potential client (website visitor), hereinafter referred to as the USER.
1.2. For the purposes of these General Terms and Conditions, a “USER” is any natural or legal person who acquires goods or uses services. Article 13, Paragraph 1 of the Consumer Protection Act applies only to a natural person when the acquisition is for purposes unrelated to their commercial or professional activities or when acting outside the scope of their commercial or professional activities.
1.3. The USER shall familiarize themselves with the General Terms and Conditions and the Privacy Policy of the SELLER prior to using the website. Use of the website constitutes agreement with these terms and policies.
1.4. Communication between the SELLER and the USER shall be conducted only in Bulgarian or English. Inquiries in other languages may be processed only on an exceptional basis or may be rejected if not in Bulgarian or English.
2. Subject of the Contract
2.1. The SELLER provides the USER with software as described in the catalog on https://mobileship.eu.
2.2. The characteristics, prices, and conditions of the software are as specified on the website.
2.3. The SELLER makes reasonable efforts to keep the information on the website up to date but reserves the right to modify it without prior notice, provided that changes do not affect already confirmed orders.
2.4. The USER selects software and contacts the SELLER via email, phone, or the contact form on the SELLER’s website to finalize details, payment method, and delivery. Final agreement is documented in writing, with confirmation via email being acceptable.
3. Prices and Payment
3.1. All prices listed on https://mobileship.eu are in the official national currency of the Republic of Bulgaria (Bulgarian Lev / BGN) and include value-added tax (VAT) as applicable by law. Prices do not include delivery costs or other fees, which will be explicitly indicated before finalizing the order, if applicable. These terms apply solely and exclusively to online purchases through the platform https://mobileship.eu.
3.2. Prices are periodically updated based on changes in the price lists of the respective manufacturers/suppliers. The SELLER reserves the right to adjust prices without prior notice, with the current prices always published on the website.
3.3. In the event of the official adoption of the euro as the currency in the Republic of Bulgaria, the transition will be carried out in accordance with the established procedures and regulations of Bulgarian legislation and the European Union, without requiring amendments to these General Terms and Conditions.
3.4. The price in each confirmed order is final and not subject to change.
3.5. Items with a zero value (0.00 BGN or equivalent in another currency) are not subject to sale or delivery and cannot be ordered unless they are part of a clearly designated promotion on the website.
3.6. Payment is made by a method agreed upon by both parties. Payment may be made via bank transfer, credit/debit card, or other methods specified on the website. Unless otherwise agreed, payment is made by bank transfer to the SELLER’s account. Payment must be completed within 5 working days following order confirmation.
4. Delivery
4.1. Delivery of software is carried out only by a method agreed upon by both parties. Unless otherwise agreed, delivery is made by providing a secure download link or license key through a channel approved by both parties. The link is protected with a password and/or restricted access.
4.2. The delivery timeframe is specified upon order confirmation. Unless otherwise agreed, the timeframe is 10 working days. In case of delivery delays, the SELLER notifies the USER within 5 working days with information about a new timeframe.
4.3. Delays due to reasons beyond the SELLER’s control do not entitle the USER to compensation. In such cases, the SELLER shall promptly notify the USER/RECIPIENT.
4.4. The risk of unauthorized use or copying of the Software passes to the USER upon receipt of access to it.
5. Liability
19. The SELLER is liable for defects in the software in accordance with the Consumer Protection Act.
20. The SELLER is not liable for failure to perform the contract due to force majeure circumstances.
21. The SELLER is not liable for achieving specific results from the provided software, as these depend on the individual efforts, capabilities, and engagement of the USER. The SELLER guarantees that the Software complies with the description provided on the website but is not liable for results dependent on the USER’s individual actions.
22. The SELLER is not liable for indirect damages or lost profits, except where such damages result from intentional or grossly negligent violations by the SELLER.
6. Complaints and Withdrawal from a Distance Sale Contract for Software
6.1. Upon receipt of the software (hereinafter referred to as the “Software”), the USER is obliged to immediately verify its functionality and compatibility with their system. In case of apparent issues, such as installation errors, missing documentation, or discrepancies with the description on the SELLER’s website, the USER must notify the SELLER within 48 hours via email to office@mobileship.eu or through the contact form on the SELLER’s website.
6.2. In the event of identified issues or deficiencies, the USER shall submit a written complaint to office@mobileship.eu or through the contact form on the SELLER’s website, providing a detailed description of the issue, accompanied by screenshots, log files, or other relevant evidence. The USER may also use the standardized withdrawal form provided by the Commission for Consumer Protection (CCP): https://kzp.bg/standarten-formulyar-za-uprazhnyavane-pravo-na-otkaz-pri-online-pokupki.
6.3. If the USER fails to submit a complaint within 48 hours for apparent discrepancies, the Software is deemed accepted with respect to those discrepancies. The right to file a complaint for hidden defects remains in accordance with Article 121 of the Consumer Protection Act (CPA).
6.4. Pursuant to Article 57, Paragraph 13 of the CPA, the USER acknowledges that the right to withdraw from a distance sale contract under Article 50 of the CPA does not apply to digital content, such as the Software, when it is not supplied on a tangible medium and is provided with the USER’s express prior consent, with the USER acknowledging the loss of their right of withdrawal upon activation or use of the Software (e.g., downloading, installing, or activating a license key). The SELLER explicitly informs the USER of this condition prior to purchase and requires their written consent.
6.5. In cases where the USER has not yet activated, downloaded, or used the Software and the right of withdrawal under Article 50 of the CPA is applicable, the USER may withdraw from the contract within 14 days from the date of receiving access to the Software (e.g., receipt of a license key or download link). The USER shall notify the SELLER in writing of their decision to withdraw before the expiry of the 14-day period via email to office@mobileship.eu or through the contact form on the SELLER’s website. The SELLER shall promptly send the USER confirmation of receipt of the withdrawal request.
6.6. Upon withdrawal from the contract, the USER is obliged to immediately cease any use of the Software and provide a written declaration to the SELLER confirming that no copies of the Software have been made and that it has not been installed or activated. The SELLER may deactivate the license or access to the Software to prevent further use.
6.7. The USER is responsible for all costs associated with the withdrawal process, if applicable, in accordance with Article 55, Paragraph 2 of the CPA. The deadline for executing the withdrawal, including providing the declaration, is before the expiry of the 14-day period.
6.8. The SELLER refunds the amount paid by the USER within 14 days from the date of notification of the USER’s decision to withdraw from the contract, using the same payment method used by the USER or another method agreed upon by both parties. The refund may be withheld by the SELLER until it is confirmed that the Software has not been used, copied, or activated, or until the declaration under point 6.6 is provided.
6.9. The Software must be in the condition in which it was provided, without being used, copied, or activated, along with all accompanying documentation and license key, if applicable. The SELLER reserves the right to refuse acceptance of the return if it is determined that the Software has been used, copied, or activated, or if the declaration under point 6.6 is not provided.
6.10. The SELLER does not refund costs related to the delivery of the Software (e.g., processing or download fees) if the USER has chosen a delivery provider or method different from those offered by the SELLER.
6.11. In the event of circumstances such as unauthorized copying, activation, or use of the Software, the SELLER does not refund the amount paid for the Software or any related costs.
7. Warranty Conditions
The warranty conditions of Mobileship EOOD for software (hereinafter referred to as the “Software”) are aligned with the general terms and requirements of the respective Software developer.
7.1. The warranty period for the Software is 24 months for natural persons, starting from the date of access to the Software (e.g., receipt of a license key or download link), unless otherwise specified in the Software documentation.
7.2. The warranty period for the Software for legal entities is 12 months, starting from the date of access to the Software, unless otherwise specified in the Software documentation.
7.3. The warranty is valid upon presentation of a valid proof of purchase (e.g., invoice, receipt, or license key) and compliance with the terms of use specified in the Software’s license agreement.
7.4. In the event of a manufacturing defect in the Software during the warranty period, the client does not incur costs for resolving the issue, including the provision of updates or license replacement, if necessary. In all other cases of technical intervention, the warranty is void.
7.5. Warranty support is provided solely through the official support channels of the developer, as specified in the Software documentation or on the developer’s official website. In the event of a warranty issue with Software purchased from Mobileship EOOD, the client should contact the designated support channels. The resolution timeframe is in accordance with the developer’s policy.
7.6. Warranty service may be denied in the following cases:
1. Improper use or non-compliance with the terms of use:
• Using the Software for purposes other than those specified in the license agreement or documentation.
• Violating system requirements (e.g., installing on an incompatible operating system or platform).
2. Unauthorized modifications or interventions:
• Attempts to modify, decompile, reverse-engineer, or hack the Software.
• Use of pirated or invalid license keys.
3. Issues related to incompatibility or improper configuration:
• Using the Software on unsupported devices, platforms, or third-party software versions that do not meet the developer’s requirements.
• Incorrect installation or configuration performed by the user.
4. Damage due to external factors:
• Issues caused by malware, viruses, or other external factors beyond the developer’s control.
• Loss of functionality due to force majeure circumstances, such as cyberattacks or internet connectivity disruptions.
5. Lack of documentation or identification:
• Failure to provide a valid proof of purchase or license key.
• Use of the Software without a valid license or with a deleted/invalid identifier.
6. Expiration of the support period:
• Issues arising after the expiration of the period for free updates or support as specified in the license agreement. Warranty claims are reviewed within 30 days of submission, with the USER notified in writing of the outcome.
7.7. Important:
• All warranty claims are reviewed following a technical assessment conducted by the developer’s authorized support team.
• Denial of warranty service is justified in writing with a detailed report on the identified reasons for the issue.
• In the case of a confirmed manufacturing defect, the USER has the right to choose between rectification of the defect, replacement of the license, or a refund of the paid amount, in accordance with Article 113 of the CPA.
• These conditions do not limit the rights of consumers guaranteed by the Consumer Protection Act and the developer’s support terms.
8. Amendments to the General Terms and Conditions
8.1. The SELLER reserves the right to amend the General Terms and Conditions.
8.2. The current version is published on https://mobileship.eu.
8.3. Any amendments are published on the website at least 30 days before they take effect.
8.4. Amendments do not affect already confirmed orders.
9. Dispute Resolution
9.1. Disputes are resolved by mutual agreement.
9.2. In the absence of such agreement, disputes are referred to the Commission for Consumer Protection (CCP) or the competent Bulgarian court in Sofia.
9.3. The SELLER participates in the online dispute resolution procedure, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=BG
9.4. The contract is governed by Bulgarian legislation. Non-compliance in the General Terms and Conditions does not render the entire contract invalid, only the specific clauses that contradict the law.
Effective Date: 06/01/2025