General T&C

General terms and conditions of delivery
By placing an order, the customer unconditionally agrees to all the conditions described below:
1.General provisions
1.1.These terms and conditions apply to every order placed by MyTech LTD . Our deliveries, services and offers are made on the basis of the terms and conditions set out below. They are also valid for all our future business relationships, even if they are not explicitly agreed upon again.
1.2. These conditions shall be deemed to have been accepted at the latest upon acceptance of the goods or services by the buyer. Any waiver of these conditions by the buyer due to inconsistency with his terms and conditions of sale shall be invalid. Deviations from these conditions shall only be valid with our written confirmation. Other conditions shall only be binding on us if they have been confirmed by us in writing .
1.3. Oral agreements before and during the conclusion of the contract require written confirmation to be valid.
1.4. Our offers are non-binding. The preliminary price calculation is not binding.
1.5. Calculations are made on the basis of the prices valid at the time of delivery, which were known to the parties. The price does not include value added tax (VAT).
2. Quotation and Delivery
2.1. Our offers, unless expressly stated otherwise, are non-binding. Samples and samples are non-binding framework data. Contracts only become binding after our written confirmation of the order or by our delivery, in which case the invoice replaces the confirmation of the order. Our oral and written technical advice is non-binding - also with regard to the protection of third party rights - and does not release the customer from the obligation to check our products for their suitability for the given method or purpose. The technical specifications sent together with the offers constitute an integral part of them. In the event of a discrepancy between the content of the offers sent and the specifications and/or drawings attached to them, whether due to a technical error or a subjective choice of the supplier, the technical specifications sent in writing shall prevail. In the absence of written objections from the customer regarding the non-conformity of the offered product with the requested one, received before sending an order by the latter or making a payment under the offer, it is considered that there is full agreement with the offered alternative product. The customer is solely responsible for checking whether there is full compliance between the product he is looking for and the offered one, based on the offer and the attached product lists and specifications.
2.2. The delivery times specified in advance in the offer or in the subsequent order are non-binding and are not firm, but indicative, unless explicitly regulated by signing a separate contract.
Any delivery time for products referred to in these general terms and conditions or under a supplementary agreement or specific delivery order (if any) shall be considered approximate (indicative) only. The Company undertakes to make reasonable efforts to comply with the delivery time, but shall not be liable for any delay in delivery for reasons beyond its control, including delays caused by carriers, state or local authorities or other third parties, as well as due to weather or traffic problems or other reasons directly or indirectly related to delivery.
The above delivery times are calculated from the moment of full agreed payment for the goods by the Buyer and receipt by the Company of the complete necessary technical documentation required for the execution of the order. Delivery times do not begin to run before the customer has fulfilled existing joint obligations, in particular the provision of documents or the making of an agreed payment.
In case of non-compliance with the delivery terms agreed in writing, the buyer has the right to give a new reasonable and appropriate deadline for the delivery.
The above reasonable period must be agreed in writing and mutually agreed upon by the Company and the buyer, and after the expiry of this additional period without result, the buyer has the right to terminate the delivery contract. The concept of "reasonable period" depends on the situation, including the type of goods requested, the terms of trade and whether the delay is due to circumstances beyond the trader's control.
Claims for compensation by the buyer for delay are inadmissible, unless it is a matter of intent or gross negligence on the part of the Company, which must be proven in court.
2.3. Force majeure and other events beyond our control that may call into question the smooth execution of the order, especially delays in delivery by our supplier, disruptions in production or transport, labor strikes, shortages of materials and energy, measures by government institutions such as import and export restrictions, entitle us to extend the delivery period accordingly, or, to the extent that the listed events seriously threaten the execution of the order or make it impossible, entitle us to partially or completely cancel the order without owing any penalty to the customer.
2.4. Partial deliveries and corresponding payments are permissible only in the established amounts, and after explicit written confirmation by us.
3. Expedition
3.1. Unless otherwise agreed, the shipment is carried out at the expense and responsibility of the customer from a place previously agreed with the Company . Regardless of the fact that the delivery may be organized by the Company, the Company does not owe the amount for the delivery to the forwarder, as only the buyer is in contractual relations with the aforementioned.
3.2. We do not take responsibility for the cheapest shipping.
3.3. Transport insurance is concluded only upon instruction and at the expense of the client.
3.4. Passing of risk. The risk of loss of the goods passes from the Company to the buyer upon handover of the goods to the forwarder, but no later than the moment of receipt of the goods at the forwarder's warehouse , unless otherwise agreed.
4. Objections and complaints. Return of goods.
Product return policy
Starting from the date of receipt of an online purchased item, if you are an individual, you have the right to return it within 14 days. To do this, you must notify us by email bg@gteek.com or by phone: +359877870879
Send the item(s) to the address from which you received it/them (from our office - MYTECH LTD, Varna, 59 Yan Huniyadi Blvd., office 9 or respectively from the warehouse from which you received it - you will see the information on the courier's waybill), by a courier that is convenient for you, and the costs for the courier service must be at your expense .
A copy of the purchase document (sales receipt or invoice, as well as a copy of the cash receipt received from the courier company, if the purchase was made by postal money order) must be enclosed with the shipment.
The goods you are returning must be in their original packaging and in the condition in which you received them. Products that have been damaged by you, those with damaged or incomplete packaging, with signs of use, or those that have been sent by courier at our expense will not be accepted.
In case the purchased item was in a promo package, you must return everything you received (the item + the gift that was in the promo package).
Once we receive the product, it will be inspected (if necessary by our service technicians) and only if it meets the conditions for return, the amount you paid will be refunded to you.
To refund the amount for the purchased goods, you must send the following information to the email:
- Three names
- Contact phone number
- IBAN number of your bank account
- You will receive the paid amount within 5 working days.
Important!
Items that are not subject to return – those that are made to order by the customer or according to his individual requirements, as well as items with a changed factory appearance. This includes items that are sold per linear meter or are cut from the standard size of the product representing a whole roll or a whole sheet - rubber, plastic, insulation, etc. sheets, cables, ropes, hoses, manufacturing of parts according to customer drawings, cutting any materials to a size other than the standard, etc.
In case you are a legal entity or an individual who purchases products from us for the purpose of using them in your commercial or professional activity, the Right of Withdrawal under Art. 50 of the Consumer Protection Act does not apply to you and the goods cannot be returned, and your order cannot be refused, except due to a defect found and confirmed by us.
4.1. Objections regarding incomplete or incorrect delivery or claims for obvious defects must be made in writing immediately, at the latest within 14 days of receipt of the goods. The date of receipt of the objection by us is decisive. The stickers on the boxes, the content labels and the control sheets for the respective delivery must be sent together with the objection. Other defects must be reported in writing immediately after their discovery. Claims relating to damage that occurred during transport will only be considered on the basis of a claim report prepared by the courier company upon receipt of the goods and in the presence of the customer.
4.2. In case of untimely notification of objections or complaints, warranty claims shall be excluded.
4.3. When manufacturing non-standard parts and materials, specially ordered and/or manufactured specifically according to the needs and dimensions of the client and without the possibility of being used or sold to another client again due to the specificity and uniqueness of the specific client parameters, there is no possibility of replacement or complaint. The client is responsible for the correct choice of material and for the accuracy of the information provided for manufacturing.
4.4. Using our feedback form on the Contacts page, you must describe that you wish to return an item (or all items) from the order, taking into account the following steps and conditions:
- Please indicate your order number, as listed on your invoice.
- specify reason for return
- indicate that you would like a refund from us
- In case of replacement or cancellation of the order, the customer pays for the courier services.
- Important! If you return a shipment after inspection by the courier, the cost of courier services in both directions will be at your expense.
- Important! We do not accept returned shipments sent with cash on delivery, as well as shipments sent at our expense. The value of the products will be refunded to you after we receive the returned goods, and in the event of a complaint and after it is accepted, you will also be refunded the courier costs.
- After we receive the returned goods from you, we will refund the amount within 7 (seven) days, and the method of receiving the amount will be specified with the client. The options for refunding amounts are as follows: by bank transfer to the account specified in the email sent by the client via the email with which the request for the respective goods was registered; as a postal money transfer to the office of a courier company specified by you - please note that in order to receive the postal money transfer at the courier's office, you will be asked for an ID card.
- When exchanging or returning goods, the following requirements must be met:
- The goods must NOT be used;
- The goods must NOT have damaged packaging;
- The goods must NOT have torn or missing labels and/or accessories;
- The goods must NOT be contaminated;
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If a returned item does not meet the above requirements, we reserve the right to return the item to the customer without notice! Important! If a product returned by the Customer is in a condition in which it cannot be sold as new, we reserve the right to charge the Customer a fee to restore the product to its original condition (if possible) or to cover the difference in price obtained when selling the product second-hand. In case the Customer does not agree to these conditions, we may deliver the product back to the Customer at his expense. When returning products, there are signs of use, wear, scratches, abrasions, lack of accessories or parts of the product, we reserve the right to decide whether to accept the return or to retain part of the value of the product - an amount that will be communicated to the User after assessing the damage. The goods must be returned in their original packaging in which they were received;
5. Warranty
5.1. We guarantee the expressly stated properties and faultlessness in accordance with the state of the art. Changes in the design or execution that we have made to the goods before delivery of the order do not give rise to any objections.
5.2. Warranty period
5.2.1. The warranty period for our products is as agreed in the offer accepted by the customer, but is limited in the following cases:
a) for flange gaskets - warranty liability is only for the materials, but not for their installation.
5.3. The warranty period begins
a) for all products upon sending the goods to our client, i.e. at the moment the goods have left our office, and in other cases - after installation, when this is explicitly stated in the accepted offer.
c) in all cases, however, no later than 6 months after sending the goods to our customers.
5.4. Type of guarantee
a) The warranty concerns, at our option, repair or replacement of the advertised product. The replaced parts remain our property.
b) the claimed product is sent for repair to us or to the nearest service center authorized by us to support the relevant product group. The costs of the cheapest transport there and back are at our expense in cases where the claim is accepted. In other cases, item 3 applies.
5.5. A claim for change or cancellation of the order shall not be honored unless we are unable to remedy the damage - even by appropriate modifications to the defective product - or to replace the entire product, or when improvement or replacement is deemed impossible.
5.6. The obligation to fulfill the warranty is waived if the delivered item is modified by a third party through the installation of parts of foreign origin, unless the damage is not causally related to the modification. It is also waived in cases where the instructions for installation and operation of the product have not been followed.
5.7. The warranty excludes natural wear and tear and damage due to improper use. We are not liable in particular for changes in the condition or performance of our product due to improper storage, as well as due to climatic or other influences. The warranty does not cover defects based on construction errors or the customer's incorrect selection of unsuitable materials, as well as when the customer has changed the design or material despite our prior instructions.
5.8. After repair or replacement, the warranty period does not resume.
6. Rights Reserved
6.1. We shall only be liable for claims arising from infringement of copyrights and trademarks if the copyright or trademark is not or was not owned by the customer or a company directly affiliated with the customer or a company affiliated with the customer through multiple capital or voting rights, and the customer immediately informs us of the risks of infringement and (alleged) infringements that have become known to him and, at our request, provides us with the right to conduct legal proceedings (including out of court) if possible, and if at least one of the types of copyrights has been published in the case of the copyrights either by the European Patent Office or in one of the countries of Germany, France, England, Austria and the USA.
6.2. At our option, we have the right to provide the customer with a license for the (allegedly) infringing copyrighted or copyrighted product, or to modify it so that it no longer infringes copyrighted or copyrighted products, or to replace it with a similar product that does not infringe copyrighted or copyrighted products. Section 5.5 shall apply accordingly.
6.3. This liability, which definitively regulates the liability for the freedom of copyright and trademark rights and lapses 5 years after delivery of the relevant product, does not apply in cases where the products are manufactured according to the customer's specifications or the (alleged) infringement of copyright or trademark rights is a consequence of the benefit of joint activity with someone else, not originating from us, or the products have been used in a way that we could not have foreseen.
7. Responsibility
7.1. Unless otherwise provided in these terms and conditions, we are liable for compensation for breach of contractual or non-contractual obligations only in cases of intent or gross negligence.
8. Export
8.1. Goods supplied by us in a disassembled state may only be exported to other countries with our written consent as specified in the order. This does not apply to re-export within the Common Market.
8.2. In case of violation, we have the right, in addition to compensation, to cancel current orders.
8.3. When exporting our products, the client undertakes to comply with the provisions of the established foreign trade regime, the SOCOM regulations, as well as the US EXPORT Administration regulations.
9. Retention of ownership
9.1. We retain ownership of the delivered goods until all claims arising from the delivery have been paid in full . The delivered goods may not be pledged or provided as collateral without our consent. In the event of an infringement by third parties on the goods, the buyer declares that they are our property, informs us immediately and provides the necessary assistance to preserve our rights. In the event of actions by the buyer, such as delay in payment, we are entitled to exercise our right of ownership and demand immediate transfer of the goods, to proceed ourselves or through authorized persons to immediately take possession of the goods or, if necessary, to demand the assignment of the buyer's claims for transfer to third parties. The assertion of the right of ownership is not considered a refusal to perform a signed contract for the delivery of the same goods.
9.2. The customer is entitled to modify our products or to connect them to other products within the framework of his business activities in accordance with the requirements. We acquire ownership of the modifications or connected items to ensure our requirements listed in item 9.1, which the customer transfers to us immediately. The customer shall store the items that are our co-ownership free of charge. The size of the share of our co-ownership is determined by the ratio of the value of our product and the item obtained after the modification or connection.
9.3. We authorize our customer with the right of revocation to resell in the established manner. This right shall lapse in the event that payments are suspended. The customer hereby assigns to us all receivables due to him from the sale together with the accompanying rights. We hereby accept this assignment. The assigned receivables serve as security for all claims under item 9.1. The customer is entitled to collect the assigned receivables, unless we revoke this authority. In addition, the customer is obliged to immediately notify the debtor of the assignment in accordance with Art. 99, para. 4 of the Contractual Liability Act. The authority to collect shall also lapse without express revocation if the customer suspends his payments. At our request, the customer shall immediately notify us in writing to whom he has sold the goods, officially certified certificates of the assignment of the receivables.
9.4. The Client does not have the right to dispose of objects for which we have retained ownership or have co-ownership, or of receivables assigned to us. The Client is obliged to notify us immediately of any seizure or other infringement of rights on objects/receivables that belong to us in whole or in part.
9.5. We are entitled at any time to demand the return of the goods if the customer is in default with any payment. If we exercise this right, the contract shall be terminated - notwithstanding any other mandatory statutory provisions - when we expressly declare this.
9.6. If the value of the insurance policies for us exceeds our receivables by more than 20%, then at our request and upon request from the client, we may waive the insurance policies.
10. Payments
10.1. Payments are made under the payment terms established by us, specified in the issued invoices. We have the right to attribute the payment to the oldest invoice with maturity for the obligations under the contract. In case of delay in payments, all due invoices automatically become due and legal action may be brought against them. In case of non-compliance with the payment terms and in circumstances that cast doubt on the creditworthiness of the buyer, we have the right to immediately demand payment of amounts due, including those already due invoices, whose maturity has not yet occurred.
10.2. In case of overdue payment, regardless of other rights, interest for delay will be charged at the rate of 4.5% per month on the relevant interest rate of the Bulgarian National Bank .
10.3. The Client has the right to repayment only with undisputed or legally established claims.
10.4. In the event of a delay in payment by the buyer, we are entitled to make the agreed deliveries against advance payment or a bank guarantee. If the advance payment or bank guarantee is not made within the relevant period, we are entitled to withdraw from the agreed future deliveries, and the buyer loses any rights of claim in respect of the future deliveries. We are entitled to set off all amounts due from the buyer against those due from us to the buyer for deliveries made or on other legal grounds.
10.5. Invoicing is usually done in Bulgarian leva. The value in Bulgarian leva is also valid in cases where amounts in foreign currency are indicated next to it. Payment will be made in Bulgarian leva at the exchange rate of the Bulgarian National Bank on the day of payment.
11. Additional terms and conditions
11.1. The Buyer waives his right to oppose the "Company" to his own general terms and conditions regarding the delivery made.
11.2. Tolerances.
11.2.1. For hoses and profiles, with the exception of silicone and elastomer products, as well as products made of foam materials, unless otherwise stated in the agreed DIN standards and other production standards and otherwise (e.g. technical delivery conditions), the following tolerances are considered agreed:
- For profiles, as far as can be measured: Width, height and diameter DIN 16941-3A, very rough;
- For insulating hoses: Special dimensions: according to DIN 40621 insulating hoses B (without fabric): Internal diameter: ± 5%, Wall thickness: ± 10%;
- For other hoses: with Internal diameter: up to 5 mm + 0.1/ - 0.2 mm, over 5 to 8 mm + 0.2/ - 0.3 mm, over 8 mm + 2.5% / - 3%. Wall thickness: up to 0.7 mm + 0.1/ - 0.1 mm, over 0.7 to 1.5 mm + 0.15/ - 0.15 mm, over 1.5 mm ± 10%,
- Corrugated/Suction hoses are measured in a fully stretched state
- For production lengths, tolerances measured at room temperature immediately after production are valid, for profiles according to DIN 16941-3A, for joints and rolls: ± 2%.
- For the Shore-A hardness values of the delivered materials, the tolerances are ± 3 for thermoplastics and ± 5 for elastomers. Normal deviations in weight and color do not give rise to a claim for delivery. Sketches, dimensions and weights in our lists, factory standards, offers and order confirmations are approximate, deviations from size, weight, quantity and quality are within the normal tolerances or permissible according to the relevant standards. No guarantee is given for their compliance.
12. Place of competent court; applicable law
12.1. The place of jurisdiction is in the Republic of Bulgaria according to the rules of local and generic jurisdiction.
12.2. Bulgarian civil law is applicable.
13. Trademarks
MyTech Ltd. is an official licensee of the trademark GTEEK ® - a registered trademark with registration number 170329 at the Patent Office of the Republic of Bulgaria.
The use of our trademark without the express written permission of the owner is strictly prohibited ! All names, trademarks and logos used on this site are the property of their respective owners.
Last edited: 29/09/2024