MyKi Family

GENERAL TERMS AND CONDITIONS OF „MyKi FAMILY” WEBSITE
(in force as of 18-th of December 2024)

TABLE OF CONTENTS:
I. SUBJECT MATTER
II. DATA CONCERNING THE MERCHANT
III. DEFINITIONS
IV. GENERAL TERMS AND CONDITIONS
V. DEVICE (MyKi)
VI. MOBILE APPLICATION (MyKi)
VII. ORDER AND DELIVERY through the Website
VIII. REFUSAL OF ORDER. RETURNING OF THE DEVICE.
IX. WEBSITE USE POLICY
X. PERSONAL DATA
XI. WARRANTY
XII. RIGHTS AND OBLIGATIONS OF THE CONSUMER
XIII. INTELLECTUAL PROPERTY
XIV. MISCELLANEOUS

I. SUBJECT MATTER
1. These General Terms and Conditions govern:
(i) Conclusion of distance sales contracts for the purchase of products and services bearing
the commercial name MyKi through the website https://mykifamily.com/,
(ii) Access to information published on the Website, the use of its functionalities, including
the submission of Orders for purchasing of Goods and Services;
II. DATA CONCERNING THE MERCHANT
2. The website https://mykifamily.com/ and the distance sales made through it are
administered by the merchant SHELLY TRADING Ltd. registered in the Commercial
register at the Registry Agency with a seat and managing address in the city of Sofia, No 51
Cherni Vrah Blvd., Building 3, floor 2 and 3, UIC: 203348672,
3. Contact data of Shelly Trading Ltd. on business days from 09:00 a.m. till
22:00 p.m. CET
• tel: +359 2 988 6954
• e-mail: support@myki.watch
III. DEFINITIONS
4. The following words and expressions when commencing with a capital letter (including
when used with a definitive article and/or used in plural) shall have the meaning and content stated
herein unless the context requires otherwise.
• The Device – each device bearing the commercial name MyKi™” from any of the
production series “Smartwatches”, “Trackers”, “Healthcare” offered through the website MyKi
Family.
• Application – mobile application named МyKi for a mobile phone using the operational
systems Android and iOS, accessible for downloading and installing free of charge „Google Play”
and „App Store”, which provides the possibility for connection with Device MyKi.
• Consumer
- An individual within the meaning according to the Bulgarian Consumer Protection Act and
Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011
on consumer rights, who intends to conclude and/or has concluded a distant sales contract
concerning one or more Goods or Services provided by SHELLY TRADING Ltd. on the
ground of these General Terms and Conditions.
- Each CONSUMER of the Application/Device;
• Client
- CONSUMER and any other person making purchase of Goods and Services through Order
on the Website unless this person has not been explicitly defined as CONSUMER. For
avoidance of any doubt, where the text of these General Terms and Conditions refers to the
“CONSUMER”, the relevant text shall not apply to other type of Clients;
- Each person having access to the Website with or without registration of Account
regardless whether it has made Order for purchase and delivery of Products and/or Services
offered through it or not;
• The Website – by which is meant the following website https://mykifamily.com/ and its
sub-web pages;
• Products and Services MyKi – smart devices with commercial name MyKi™ in all
models and modifications, including accessories and maintenance services as well as all services
accessible through the Website (including all its versions and re-works).
• Device Upgrade – A service for upgrade of corps and battery of Device in view of
prolonging the useful life of the Device where the Client chooses the upgrade elements and sends
the Device to SHELLY TRADING Ltd. service for performing the upgrade. When this service is
available, it might be limited to certain elements, model or type of Device.
• Account – a section of the Website consisting of an email address and a password, which
contains Client’s details and history of his/her activities in the Website (orders, payments, delivery
and billing addresses ect.), enabling the Client to follow the status of its Orders and to manage
them.
• Order – electronically submitted through the Website purchase order for purchasing of
Goods or Services with obligation for payment.
• Specifications – all specifications and/or descriptions of the Goods and Services as stated
in their description.
• Comment/Feedback – evaluation of critical remark at the end of a Review or some other
comment based on the personal experience and skills of the evaluating person to make quality
comments and to express an opinion as to whether the product or the service corresponds or not to
the characteristics stated by the producer.
• Queries – questions and requests addressed to SHELLY TRADING Ltd. as regards a
purchase or a Product already purchased and which are submitted through the contact form in the
Website.

IV. GENERAL TERMS AND CONDITIONS
5. These General Terms and Conditions govern the relations between SHELLY TRADING Ltd. (hereinafter referred to as SHELLY TRADING) and each CLIENT of products and services bearing the commercial name MyKi™ in relation to their purchase through the Website https://mykifamily.com/.
6. (1) These General Terms and Conditions are mandatory for all CLIENTS of the Website.
(2) By accessing the Website, the purchasing of products and/or services, the CLIENT states that
it is aware, accepts and is obliged to comply with these General Terms and Conditions. The
CLIENT shall also be obliged to comply with all other terms as established by the laws of the
Republic of Bulgaria and international law, even if these are not expressly established in these
General Terms and Conditions.
7. (1) Each use of the Website means that the CLIENT: (a) has been carefully acquainted
with these General Terms and Conditions and (b) has agreed to comply with them unconditionally.
(2) SHELLY TRADING shall not be liable if the CLIENT has not been acquainted with
these General Terms and Conditions. SHELLY TRADING shall not be liable for any damage,
loss or breach of the warranty conditions arisen out of non-compliance on the part of the CLIENT
of the provisions of these General Terms and Conditions and the applicable laws.
8. These General Terms and Conditions may be amended unilaterally by SHELLY TRADING at any time at its own discretion or if the amendments have been imposed by virtue of legal acts entered into force and without explicit advance notification of the CLIENTS of
the Website. These amendments shall enter into force immediately and are mandatory for all
CONSUMERs as of the date of their publication on the Website. It is possible that the amendments
have a retroactive effect as regards orders already delivered and confirmed.
9. All images published on the Website have as their sole purpose to create an idea of the type
of Products/Services and not to represent them correctly. Respectively, it is possible that some of
the images on the Website (static/dynamic images/multimedia presentations/others) do not
correspond to the appearance of the respective Device. SHELLY TRADING shall not be
liable for any such discrepancies.
10. Given possible technical errors or omissions in the information published on the Website,
SHELLY TRADING clarifies that the product images are of informative and guiding nature,
respectively the delivered products might differ from the images.
11. The characteristics or prices of the products described on the Website might be altered by
SHELLY TRADING at any time and might contain errors.
12. All Products and Services, including those on discount/sale, shall be sold and delivered until
stocks are exhausted, even if this is not specifically indicated on the Website.
13. The Website can contain published advertising or promotional information for Products
and Services of SHELLY or its partners for a certain period of time, as well as information
concerning the stock available.
V. MyKi DEVICE
14. (1) The Device is offered in a variety of models and is accompanied by a charging cable,
instruction manual, warranty card.
(2) The Device MyKI is offered:
1. SIM-free, open for all mobile operators on the territory of the Republic of Bulgaria; or
2. With a SIM card of a mobile operator under the conditions of a subscription plan, in
accordance with the commercial policy of the respective operator.
15. The Device offers/contains integrated functions, a part of which is accessible through the
Myki application, described in a detailed way in the documentation, which is an integral part of
the Product’s package. These functions may vary, with regard to their availability and their specific
parameters, depending on the specific model of the Device:
16. Conditions for the functioning of each MyKi Device:
• Activation through the start button;
• Downloading and Installing of the Mobile Application on the mobile phone with which the
Device will be paired.
• Creating a profile on the Mobile Application.
• Registration of the Device on the Mobile Application or on the Website.
• Installed micro SIM card maintaining mobile Internet and a possibility for
incoming/outgoing calls of a telecommunication operator on the territory of the country
where the Device will be used.
• available coverage from the telecommunication network.
MyKi Devices are aimed entirely at guaranteeing of the safety and interests of the concrete
individual by providing connection of the Device with a limited number of other devices and
CONSUMERs, which limited number is set by its CONSUMER. In view of this, the activation of each
Device necessitates the creation of a profile in the Application through which a connection with it
is established.
For security reasons, each MyKi device has a unique IMEI number, for which only one
profile can be created in the Application. Authorising access to your profile automatically
provides access to data for the paired Device and in view of this, we recommend that you do
not share your profile data with third parties. In case you do so, you bear the entire
responsibility for such action.
VI. MOBILE APPLICATION (MyKi)
17. The mobile application enables a constant connection with the Device and respectively,
with the person using it through a mobile device (phone or tablet).
18. For the purposes of using the functions of the Application, it is necessary for it to be
installed on the mobile device (phone or tablet) with which the Device will be connected and a
registration of the CONSUMER to be made by entering the registration form its interface for
the following data:
• CONSUMER name;
• password;
• identification code of the Device;
• own telephone number;
• telephone number of the Device.
• e-mail address;
• name of the Device
(2) After entering the data in the format under para. 1, the Device receives its identification
code which should be confirmed in the registration form.
19. The MOBILE APPLICATION provides some of the following options depending on
the model of the Device:
• Locating the whereabouts of the Device;
• Tracking the history of events;
• Tracking the history of current and previous whereabouts of the Device, as well as
determining of safety zones and the period of staying within them;
• Chat conversations - Sending text and voice message to the Device;
• Video streaming;
• Control over the wake up-alarms and/or reminder of some event;
• Daily check of the activity history of the Device for the last 30 days;
• Adding numbers in the Device and control over the incoming and outgoing calls
and voice and text messages;
• Entering of defined names and numbers in the phone book of the Device to which
outgoing calls may be made and full control over the SOS and permitted list of
numbers;
• Determining and control over the speed limit and safety zone of the Device;
• Receiving of all notification outgoing from the Device.
With the production of new models and upgrades of the Application, it is possible that part of the
functions listed above may be missing, replaced with others or new ones added to them. When
making its purchasing decision the Client shall get acquainted in advance with all characteristics
of the Device selected by him or her.
VII. ORDER AND DELIVERY through the Website
20. This section governs the conditions for making orders, purchases and deliveries of MyKi
Products and Services made through the website http://myki.watch, administered by SHELLY TRADING, and does not refer to the conditions for sale of MyKi Products and Services
(independently or together with other products) by other persons, distributors, agents or
commercial partners, including mobile operators. As regards products and conditions for sale and
delivery from third persons, including mobile operators. As regards the products and sales
conditions and delivery from third parties, including mobile operators, relating to package sales
and promotions organized jointly with SHELLY TRADING and published on the
Website, the CLIENT shall get acquainted with the general terms and conditions of these
merchants, respectively with the conditions of the respective promotion.
21. The MyKi Device is offered by SHELLY TRADING under the conditions of
a distance sale through the Website (“SIM-free”) or through its partner commercial network of
mobile operators under the commercial conditions determined by them (“with a subscription
plan”).
22. (1) An order of Device may be made through the Website by a registered or non-registered
CLIENT.
(2) The order through the Website contains an application for purchase of a Product and/or Service,
delivery data and contact data (name and surname of the person ordering, telephone and email
address for contact, delivery address). Adding of a Product and/or Service in the shopping basket,
without the Order being finalized, does not lead to registration of the Order. In order to be
registered, the Order should be finalized upon pressing the “Buy” button at the end of the Purchase
application. Upon registration of an Order the CLIENT explicitly confirms that the Order is
related to a payment obligation on his or her part if the Order is concluded.

(3) The Order made through the Website does not constitute a concluded distance sales contract but is rather a
consent on the part of the Client to receive the Product or the Service against payment under the
conditions stated in the Order. In view of this, SHELLY TRADING has the right not to
perform in full or in part the Order on various objective grounds, including but not limited to,
exhaustion of the available stock. In any event, SHELLY TRADING shall notify thereof the
CONSUMER via email or by phone. Under the given circumstances, SHELLY TRADING is
only liable to return eventually the price received in advance, in case the latter has been paid in
advance.
(4) The registration of an Order shall be confirmed via email to the e-mail address stated in the
order form, which does not constitute acceptance, confirmation or obligation to perform it.
(5) The Order of Device “SIM-free” shall be validated and the distance sales contract shall
be deemed validly concluded at the time of receipt on the part of the CLIENT of an email
confirming that the Order shall be performed and the ordered Products or Services can be
delivered. The Order of the Device “with a subscription plan” shall be serviced pursuant to the
terms and conditions of the respective mobile operator, displayed on its website.
(6) The distant sales contract includes these General Terms and Conditions, and the additional
information requested and provided on the Website. SHELLY TRADING shall not be bound
by the General Terms and Conditions of the mobile operator, whose retail network is used for
performing the Order (when the Device is purchased/ordered “with a with a subscription plan”).
(7) Each contract is accompanied by a warranty certificate issued by SHELLY TRADING as
regards the statutory warrant of the Product. For the avoidance of doubt, the warranty certificate
does not constitute an additional commercial warranty, but solely certifies the date and place of
purchase for the purposes of providing the statutory warranty.
(8) All prices stated on the Website are final but excluding VAT. For customers – individuals the applicable VAT might defer and is calculated depending on the place of taxable transaction, namely – the country of delivery.
(9) Upon submitting an Order, the final amount displayed at the moment of sale on the Website includes delivery costs (excluding tax and custom duties) and is displayed separately from the price of the ordered Products. The delivery costs may vary depending on the type and value of the concrete Order and the courier company. THE DELIVERY COSTS SHALL NOT INCLUDE ANY IMPORT TAXES (INCLUDING VAT) OR CUSTOM DUTIES AT THE PLACE OF DELIVERY. THE SELLER SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR TAX AND CUSTOM DUTIES IMPOSED ON THE CLIENT BASED ON THE APPLICABLE TAX AND CUSTOMS LOCAL LAWS IN THE PLACE OF DELIVERY.
(10) Depending on the type of delivery, the CLIENT might choose between cash payment, online payment and PayPal. When payment is made on delivery on the territory of Bulgaria any price in EUR is conversed into BGN by exchange rate 1.95583. THE PRICE OF THE ORDER DOES NOT INCLUDE ANY ADDITIONAL COSTS FOR ONLINE PAYMENTS, BANK TRANSACTIONS, COMMISSIONS ETC. THAT THE CLIENT’S PAYMENT SERVICE PROVIDER MAY IMPOSE AND IF ANY, THESE SHALL BE AT THE EXPENSE OF THE CLIENT. FURTHER FOR PAYMENT IN OTHER CURRENCY THAN EUR OR USD, THE CLIENT MIGHT BE CHARGED A FOREIGN TRANSACTION FEE CHARGED BY HIS/HER BANK OR CARD PROVIDER, A CURRENCY CONVERSION FEE ETC.
(11) In the case of online payments/Pay Pal payments, the SELLER shall not be liable in any way whatsoever for any costs in relation to fees, commissions or other additional payments made by the CLIENT or its bank pertaining to the transaction itself, as well as in the cases of currency exchange rate applied by the bank-issuer of the CLIENT’s card. For Pay Pal payments the conditions of the payment service provider shall apply in their entirety.
23. (1) The deliveries are made under the following conditions:
• Delivery of Products (including Device „SIM-free“)
o On the territory of the country – by courier up to 3 (three) business days as of the
date of validation of the Order to an address stated by the CLIENT in the order
form.
o Abroad – by courier within time limits determined by the courier company
depending on where (in which country) the delivery is made and under the
condition of prepayment.
• Delivery of the Service “Device upgrade” – up to 10 (ten) business days as of the date of
receipt of the Device in the office premises of SHELLY TRADING at the following
address: the city of Sofia, No 51 Cherni Vrah Blvd., Building 3, floor 2 and 3.
• Delivery of Devices in “advance sale/pre-order” shall be effected within the time limits set
out for the concrete device. The time limits for delivery of Devices in “advance sale” shall
be indicative and shall be subject to change on the part of SHELLY TRADING.
(2) Delivery of orders “with a subscription plan” is made by the mobile operator under the
conditions of distant sales of the respective mobile operator. SHELLY TRADING shall not
be liable for delayed deliveries or non-performed deliveries of Orders through the website for
purchasing of Device under the conditions “with a mobile operator contract”.
(3) In case of delay of delivery under a confirmed Order “SIM-free,” SHELLY TRADING
shall be obliged to inform in a timely manner the person ordering by contacting him or her using
the contact details stated in the order form.
4) SHELLY TRADING delivers the Products purchased through the Website through a
courier company selected by the CLIENT in the order form to address/courier office stated by the
CLIENT in the order form. The choice of a courier company is limited to the options available in
the Order Form and SHELLY TRADING is not obliged to deliver the Order using other courier
services, preferred by the CLIENT.
(5) The details concerning the delivery, including but not limited to, those concerning the delivery
time limits, do not constitute a contractual obligation on the part of SHELLY TRADING for
making the respective delivery on the specific date. The delivery date is indicative and depends on
the delivery conditions of the respective courier service effecting the deliveries. The delivery time
limits of Devices in “advance sale” shall be indicative and shall be subject to change on the part
of SHELLY TRADING at any given moment.
(6) The CLIENT shall not have any right whatsoever to claim compensation in cases where the
announced delivery date is not met. In case of delay in delivery of Devices in sale or advance sale,
the CLIENT shall have the right, up until the time of delivery, to cancel the Order through its
Account on the Website or via email at support@myki.watch or to refuse to accept the delivery,
as well as to receive the price paid in advance (if applicable). With the refusal of the Order or the
rejection of the delivery, the distance selling contract will be considered terminated.
(7) SHELLY TRADING shall not be liable for non-performed or delayed deliveries when this
is due to delivery data incorrectly stated by the CLIENT or when the CLIENT or his/her
representative may not be found at the stated delivery address 2 (two) or more times or when no
contact can be established with them through the contact data stated in the order form.
(8) In case the CLIENT is not found at the specified address or the access to the address is limited
and/or other conditions for delivery of the Order are not provided, in accordance with the
conditions of the respective courier company, SHELLY TRADING shall be released from its
obligation to deliver the goods ordered for purchasing. The CLIENT may confirm his / her wish
to have the Order sent back to him/her, bearing all the costs for the delivery.
24. (1) The price of Products and Services stated on the Website is final, and in Bulgarian
currency leva (BGN), for deliveries within the country and in euro (EUR) for deliveries abroad,
VAT included and all other taxes and fees. The price does not include the price for delivery. The price
for delivery within the territory of the Republic of Bulgaria may vary depending on the type and
value of the concrete Order and the courier company’s delivery price, where the price is displayed
next to the price of the respective Product in the order form prior to its submission. As regards the
service “Device upgrade” the price does not include the costs for sending the Device to the office
premises of SHELLY TRADING for performing the upgrade.
(2) The price of the Device for Order “with a mobile operator contract”, stated on the Website, is
formed in accordance with the Conditions of the respective mobile operator, through whose
commercial network the Order is made. SHELLY TRADING shall not be liable for
the manner in which this price is formed.
(3) In the case of online payments/Pay Pal payments, SHELLY TRADING shall not be liable
in any way whatsoever for any costs in relation to fees, commissions or other additional payments
made by the CLIENT or its bank pertaining to the transaction itself, as well as in the cases of
currency exchange applied by the bank-issuer of the CLIENT’s card in the cases where the
currency is different from the currency of payment of the price. For Pay Pal payments the
supplier’s conditions of the payment service shall be applied in their entirety.
25. (1) The price of Products and Services on the Website shall be paid, as follows:
• payment at the time of delivery – only for deliveries on the territory on the Republic
of Bulgaria;
• distance payment through the Pay Pal platform in cases where the CONSUMER
has a registered profile;
• online payment by credit/debit card;
(2) Payment cards data with which the CLIENT makes a payment, as well as the data from the
CLIENT’s Profile in Pay Pal is not accessible for SHELLY TRADING, nor will they be
stored by it in any form whatsoever. SHELLY TRADING receives the amount of payments from
the payments made following their processing by the respective payment services supplier and
shall not be liable for its actions.
(3) The price of the Device “with a mobile operator contract” shall be paid in accordance with
the distance sale conditions of the respective mobile operator through whose commercial network
the Order is effected.
26. The ownership over the Products shall be transferred with their delivery to the CLIENT,
following the payment on its part. Delivery and acceptance of the goods by the CLIENT shall be
certified with the signature of the CLIENT or its representative on the transportation document
provided by the courier for effecting the delivery.
27. SHELLY TRADING shall provide suitable packaging of the Products and sending the
accompanying documents. If the package does not contain a document necessarily attached to
the Product ordered, the CLIENT may claim its sending by email to the following address:
support@myki.watch. SHELLY TRADING shall provide the missing document within the
shortest time limit without additional costs for the CLIENT.
VIII. ORDER CANCELLATION. RETURNING OF DEVICE.
28. (1) Right of withdrawal of the concluded distance contract and returning of goods is vested
only with this CLIENT who has the capacity of “consumer” within the meaning of the Consumer
Protection Act concerning the goods offered and purchased through the Website.
(2) The right of withdrawal of the concluded Purchase contract for a certain Product may be
exercised and the delivered Product may be returned within 14 days as of the delivery date. The
right of withdrawal shall not apply to the upgrade of the Device. The upgrade of the Device shall
be made on the order of the CONSUMER and by sending the Device to the office premises of
SHELLY TRADING for an upgrade, the CONSUMER gives his/her explicit consent for
commencing the upgrade, where he/she agrees that he/she does not have the right to renounce the
upgrade.
(3) The CONSUMER shall notify SHELLY TRADING of the cancellation prior to the expiry
of the stated time limits by sending a filled cancellation form, in the original, at the following
address: the city of Sofia, 51 Cherni Vrah blvd., Building 3, floor 2 and 3 or by explicitly stating the cancellation on the
the contact form on the Website by obligatory stating: name and family name, address, number and
date of the order, type of device, delivery date.
(4) The right of withdrawal of the concluded Purchase contract of Device “with a mobile operator
contract” may be exercised and the delivered Device may be returned in accordance with the
procedure of the mobile operator through whose commercial network the Order is made.
29. (1) Upon the exercised right of withdrawal on the part of the CONSUMER the Product shall
be returned at the following address: the city of Sofia, 51 Cherni Vrah Blvd., Building 3, floor 2 and 3, where the return
expenses shall be borne entirely by the CONSUMER.
(2) The Product shall not have been used, the package shall be intact and in the form in which
it had been delivered – in the original package in its entirety, full package and the accompanying
documentation, without any damage and without removal of the foil and stickers placed by the
manufacturer, with any unchanged software configuration (without installed or removed
applications, no personal information uploaded, without contacts, messages or similar) (if
applicable).
(3) Until the date of receipt of the Product back by SHELLY TRADING the risk of
accidental perishing or damage shall be borne entirely by the CONSUMER. SHELLY TRADING shall not be obliged to return paid amounts in cases of loss, perishing or damage to the Product until it has received it.
(4) Upon the exercised right of withdrawal on the part of the CONSUMER SHELLY TRADING shall return the price of the Product within 14 (fourteen) days as of the date of notification of the withdrawal, but no earlier than the date of receipt of the returned Product. The amounts shall be compensated as follows:
(i) For payments on delivery or online payments – by bank transfer on the bank account stated
by the CONSUMER;
(ii) For payments through PayPal – within the CONSUMER’s profile in PayPal;
The amount shall be reimbursed without this leading to any additional expenses for the
CONSUMER.
30. (1) In cases of a discrepancy of the Product with the purchase contract the CONSUMER has
the right to a claim within 2 (two) years as of the delivery date, certified in a document issued by
the courier in accordance with the warranty conditions contained in the documentation
accompanying the Product (if applicable) and the provisions of the Consumer Protection Act.
(2) The repair of products out of warranty (where the warranty has expired or there is a breach of
warranty) shall be paid by the CONSUMER and shall be made within time limits agreed between
the parties.
IX. WEBSITE USE POLICY
31. MyKiFamily website is accessible at the following address: https://mykifamily.com/ and
provides information for the products of SHELLY TRADING bearing the commercial
name MyKi and enables their online purchase through the functionalities of the Website.
32. The access to the information on the Website, as well as the order of Products and Services,
shall not require mandatory registration of Account.
33. Each CLIENT shall have the right on its own choosing to register on the Website by
creating a personal Account where the CLIENT can manage its Orders and follow their status, as
well as make lists of chosen products, publish opinions and reviews for Products offered through
the Website. The CLIENT shall be liable that the entire information in the Account be correct,
complete and up-to-date.
34. SHELLY TRADING shall keep the right at its sole discretion to limit the access to the
Website and/or some of its functionalities, including the possibility to submit orders and/or some
of the possible legal tenders, including an individual CLIENT in cases of doubt or establishment
of abuses and in order to protect its rights and those of third parties, which might be affected, as
well as in cases of unusually high traffic and other technical grounds. SHELLY TRADING
shall not bear responsibility for the eventual damage sustained by the CLIENT or might sustain as
a result of such actions.
35. Each registered CLIENT shall have the right to publish on the Website Review for a
concrete Product or Service. The feedback shall reflect the personal opinion and impressions of a
given CLIENT stemming from the Product or the Service shall be published on personal behalf
and shall be publicly accessible following their approval by the Website administrator. The
Feedback might be both - positive or negative and shall refer to the characteristics and the manner
of use of a given Product or Service offered through the Website.
36. Upon publishing the review the CLIENTS confer with SHELLY TRADING the right
to use, reproduce, alter, adapt, publish, translate, transfer and display its content. Each registered
CLIENT whose Feedback has been published shall have the right to remove the feedback by
deleting it from its Account or through making a written request to the Administrator of the
The website through the contact form.
37. (1) Each CLIENT, at the time of publishing of Review in the stated sections, shall be
obliged to comply with the following rules:
(i) To refer only to the characteristics and/or the manner of use of a concrete product or service
avoiding information related to aspects which might change (e.g. price or promotional
offers);
(ii) To use suitable language which shall not contain uncensored words, offensive expressions
or words violating the rights and interests of third parties, as well as such words which
contradict applicable laws;
(iii) To publish only such information which is correct, true, non-misleading and in accordance
with applicable laws, and complying also with the rights of other persons – for instance
copyright, intellectual property rights, license rights or other rights of ownership,
advertising rights or confidential rights;
(iv) To not publish content of advertising nature regarding any products or services whatsoever
offered by third persons without the explicit written consent of SHELLY TRADING;
(v) In the event that the published Review contains files or picture material, those shall not
violate the copyright of third persons, shall not contain violence, content not suitable for
children, uncensored language or any other content offending another person/a group of
people based on race or ethnic origin, religion, disability, gender, age, military service,
sexual or political orientation or contains any form of discrimination whatsoever, shall not
contain URLs or water signs to other websites that are not administered by SHELLY TRADING.
(2) SHELLY TRADING shall have the right at its sole discretion to remove from the Website
Feedback when the latter does not comply with the conditions stated herein.
38. Upon submitting a purchase Order, the CLIENT agrees to receive system commercial
messages regarding the status of the Order to the email address stated by the CLIENT in the order
form, as well as to connect directly to the CLIENT on the contact phone stated by the CLIENT in
connection to a given Order.
X. PERSONAL DATA
39. (1) Upon accessing the Website, using the Device Myki, including downloading, installing
and using the Application, grounds for the collection of CONSUMER’s personal data may arise – both
personal data of the person who has installed the Application on their mobile device, and the
personal data of the person who uses the Myki Device. Upon accessing the Website, in the process
of creating a profile in the Application, SHELLY TRADING enables the CONSUMER to get
acquainted, in an easy and CONSUMER-friendly manner, with the Privacy Policy in accordance
with the applicable regulatory requirements, which includes information for the types of personal
data, the grounds and ways of their collection, the technical and organizational measures used for
their protection, the data subject rights, arising in connection with the collection and processing of
personal data, the contact details of the Data Protection Officer; the possible recipients, to whom
the personal data can be disclosed and other detailed information.
(2) The CONSUMER shall use the Device in good faith and not to use it in a way which might
harm or put in danger rights and legitimate interests of third parties. It shall be borne in mind that
the tracking devices bearing the commercial name Myki are targeted at the needs of persons with
low self-dependence in their conduct due to their immaturity, physical/mental/ health state, which
requires their ongoing monitoring and surveillance for the purposes of preserving their safety and
health (children and elderly people, including people with diseases such as dementia, epilepsy,
autism, different forms of delayed mental development, disabilities and other forms, requiring
special care). For the purposes of providing for their security and safety, the tracking devices Myki
are in an ongoing regime of processing of data concerning their location, as of the moment when
they are switched on. It shall be borne in mind that freedom is a basic human right and nobody
should be followed and tracked without their consent. Infringing this right may give rise to criminal
liability. You should always use the Myki Devices taking into consideration the will and rights of
the persons who use the devices. The Myki devices are developed to guarantee safety and security
and are not intended for tracking with unlawful purposes and misuse. In the event that the device
is used by a child, the person, who has installed the Application on their mobile device connected
to the MyKi Device and has registered their own profile in the Application declares and warrants
that he/she possesses parental control for the child – a parent, guardian or has been explicitly
authorized by the person who has parental control.
(3) Receiving commercial messages of advertising nature regarding Products and Goods offered
by SHELLY TRADING and companies affiliated with it shall be up to the CLIENT’s
choosing based on explicit consent on its part which may be withdrawn at any given moment by
clicking on the cancellation link in the content of the advertising message or the Account of the
CLIENT. Canceling receipt of commercial messages shall not equal cancellation of Order or
distance sales contract.
(4) SHELLY TRADING shall affect the Orders for the purchase of products through the
website with the cooperation of a supplier of courier services selected by the CLIENT from the
available options in the order form. Upon sending of Order with a choice of supplier of courier
services through which the Order shall be delivered, the CLIENT shall agree that SHELLY TRADING provide the data stated by the CLIENT for the delivery effected by the respective supplier of courier services.
(5) Detailed information concerning the processing of personal data provided through the use
of the Website and the MyKi Applications shall be contained in the Privacy policy published on
the Website and in the Profile of each CONSUMER in the respective Application.
XI. WARRANTY
40. (1) The legal warranty of the MyKi Devices is 2 (two) years. The warranty covers only the
hardware as a totality of corpus, mechanics, and display and does not cover consumables (battery)
and accessories insofar as these are subject to exhaustion (decrease of their useful life) depending
on the intensity of their use.
(2) Upon upgrade of the Device, the warranty period of 2 (two) years is applicable only to the
upgraded parts of the hardware. As regards the remaining parts of the hardware, the term of the
general warranty under the previous para. continues to run, prolonged by the time limit of the
upgrade.
(3) The warranty of Products purchased through the Website shall apply as of the date of purchase
certified in the receipt by the respective merchant or as of the date of delivery certified in a
document by the respective courier.
(4) This warranty shall not constitute a commercial guarantee within the meaning of art. 117 of
the Consumer Protection Act. ALLTERCO ROBOTICS shall not provide additional guarantee
beyond the statutory one.
41. The warranty on the battery is 6 (six) months. The warranty term shall apply as of the date
of purchase certified in the receipt by the respective merchant or the date of delivery certified in a
document by the respective courier. Upon upgrade of the battery as part of the Service Upgrade of
device, the new battery shall have a warranty of 6 months as of the date of upgrade.
42. (1) (repealed as of 18.12.2024).
43. (1)Content and scope of the warranty:
• The warranty is valid only on the territory of the Republic of Bulgaria;
• The warranty covers only the hardware part of the Device and does not cover the
consumables (battery) and accessories.
• The warranty is valid only where the Product has shown some defect within the
warranty term which is due to the qualities of the Product and is not caused by
actions of the Client (including incorrect use not corresponding to the specifications
of the manufacturer, contained in the documentation, in the package of the Product
and/or intentional damage), incorrect storage/transportation and/or other activities
of third persons beyond the control of the manufacturer SHELLY TRADING.
• The warranty applies when there is a good faith use and in accordance with the
purpose of the Product and the prescriptions of the manufacturer SHELLY TRADING.
(2) Essential elements of the warranty:
1. The warranty of the Devices purchased through the Website shall be provided by the SHELLY TRADING, registered in the Commercial Register
at the Registry Agency with a seat and registered address in the city of Sofia, No 51
Cherni Vrah Blvd., Building 3, floor 2 and 3 in the capacity of merchant, from which the Devices MyKi were
purchased.
2. The guarantee service is carried out by SHELLY TRADING, registered in
the Commercial Register at the Registry Agency with a seat and registered address in
the city of Sofia, No 51 Cherni Vrah Blvd., Building 3, floor 2 and 3 or its authorized repair shop.
3. Claims against the correspondence of a Product with the sales contract are asserted in
the office premises of SHELLY TRADING at the following address: the
city of Sofia, No 51 Cherni Vrah Blvd., Building 3, floor 2 and 3 or before the Merchant – third person, from
which it has been purchased in accordance with its commercial conditions and policies.
SHELLY TRADING shall not be liable for guarantees additionally assumed by the merchant
beyond what is explicitly stated in these General Terms and Conditions or the
documents pertaining to the Device.
4. The guarantee service shall be carried out within 30 (thirty) days as of the date of the
claim but no earlier than 10 (ten) business days as of the date of receipt of the Device in
the repair shop of SHELLY TRADING. SHELLY TRADING shall
not be liable for delayed or incomplete service of the Device when the claim has been
asserted before the Merchant from which the Device has been purchased.
5. SHELLY TRADING is not responsible and does not provide warranty services
regarding repairs to Devices performed by unauthorized repairers and persons
44. Upon a legitimate claim, SHELLY TRADING shall carry out the repair works,
and in case this is impossible – replacement with a new Product. In the case of the service “upgrade
of Device”, where there are defected upgraded parts, only the respective parts of the Device are
subject to repairs or replacement.
XII. RIGHTS AND OBLIGATIONS OF THE CLIENT
45. Upon use of the Website, the MyKi Products, and Services, the CLIENT shall be obliged
to comply with these General Terms and Conditions, as well as with all other conditions imposed
by the laws of the Republic of Bulgaria and international law, even if not mentioned in these
General Terms and Conditions.
46. (1) The CLIENT shall be obliged to and is liable for all provided data in connection to the
purchase of the Device and registration on the Mobile Application – to be true, complete and
accurate at the date of sending of the Order or the registration (when applicable).
(2) SHELLY TRADING shall have the right to refuse to perform (to annul) the Order made
for which it has to notify the CLIENT. Annulment of the Order does not lead to any liability or
the subsequent obligation on the part of SHELLY TRADING and the CLIENT is not entitled to
any compensation or damages for its annulment in the following cases: incomplete information;
insufficient availability of the Device on stock; withdrawal of the Device from the market;
unlawful acts or omissions on the part of the CLIENT established by SHELLY TRADING;
any act or omissions that may on the part of the CLIENT jeopardize the interests of SHELLY TRADING or third parties, order by a competent body and/or statutorily defined obligation.
(3) SHELLY TRADING shall not be liable for the correct functioning of the Device and/or the Mobile
Application when the CONSUMER has inaccurately or incompletely entered data for the Device
and the mobile device which is paired when installing the Mobile Application and making the
registration for its use.
(4) SHELLY TRADING shall not be liable for the correct functioning of the Device and/or
the Mobile Application when the CONSUMER has inaccurately or incompletely entered data for
the Device and the mobile device which is paired when installing the Mobile Application and
making the registration for its use.
47. (1) The CLIENT shall be obliged to settle his/her relations with a mobile operator so that
the SIM card which is put in the Device functions normally and the services and settings of the
operator necessary for the operation of the device will be used. For the normal functioning of the
device it is necessary to use simultaneously voice telecommunication service and transmission of
data via the Internet.
(2) The CLIENT shall be obliged to inform himself/herself in advance of whether the mobile
device on which the Mobile Application will be installed complies with the technical
characteristics necessary for the correct functioning and connecting with the Device MyKi Device.
(3) SHELLY TRADING shall not be liable for the incorrect or impossible functioning of
the Device, when the CONSUMER has not complied with his/her obligations for ensuring the
minimal technical conditions for its use.
48. The CONSUMER shall have the right to cancel the Purchase contract and shall have the
right to return the Device in accordance with these General Terms and Conditions and the
Consumer Protection Act.
XIII. INTELLECTUAL PROPERTY
49. The entire information on the Website, as well as the entire information related to the MyKi
Products and Services, accessible through the Internet connection, and/or other forms of commercial
communication, including but not limited to logos, graphic images or inscriptions, commercial
symbols, dynamic symbols, texts and/or multimedia content, are exclusive ownership of
SHELLY TRADING.
50. SHELLY TRADING has and retains all its rights over the intellectual property, related in some
way to the Website/the Products and/or the Services MyKi, irrespective of whether these are its
own or transferred by way of contractual licenses or in any other legally acceptable manner.
51. Nothing in the distant contract concluded in accordance with these General Terms and
Conditions shall be deemed permission on the part of SHELLY TRADING to the CLIENT to
copy, spread, publish, provide to third parties, change in any other manner any part of the Content
whatsoever under art. 39, including, but not limited to, the content of the commercial brands, logos,
multimedia content or the descriptions of the Products and Services in any other manner
whatsoever, including by inclusion of any external content on the website, removal of signs
marking the right of ownership of SHELLY TRADING over the Content. The CLIENT shall
not have the right to transfer, sell, and spread materials created through reproduction (copying),
amendment or publishing of the Content, except with the explicit consent of SHELLY TRADING.
52. (1)Any Content to which the CLIENT has access, irrespective of the means for this, shall
be subject to regulation in these General Terms and Conditions.
(2) The website may contain links to other websites. SHELLY TRADING shall not bear
responsibility for the privacy policy of any websites which SHELLY TRADING does not
administer, neither for any other information contained on those websites.
53. The CLIENT may copy, transfer and/or use the Content only for personal non-commercial
purposes only in the cases in which this does not contravene these General Terms and Conditions.
54. The CLIENT has the right to use the Content for commercial purposes only when he/she
has received the written consent of SHELLY TRADING for that and only for this part of the
Content, the manner, and extent of its use, as well as within the time limits for which consent has
been explicitly given. Each subsequent or different use of the Content shall be considered as a
violation of these General Terms and Conditions and a violation of the intellectual property rights
of SHELLY TRADING.
55. Sending to the CLIENT or reference to the Content or other parts thereof on the part of
SHELLY TRADING shall not be considered a consent on the part of SHELLY TRADING to allow the CLIENT to use the Content or parts thereof for his/her own purposes, different from his/her personal needs, irrespective of the means of communication used by SHELLY TRADING.
56. Any use of the Content for other purposes, other than those explicitly permitted in these
General Terms and Conditions or in another explicit written permission given by SHELLY TRADING is prohibited.
XIV. MISCELLANEOUS
57. SHELLY TRADING shall have the right to change the technology and design of the Website and/or
the Mobile Application and/or the Device without prior notification thereof.
58. To all matters not governed in these General Terms and Conditions, the effective
Bulgarian laws shall apply.
All rights reserved!
SHELLY TRADING Ltd.