Terms of Use

Please, read these website terms and conditions carefully before using this site

The following rules and conditions apply to online offers, sales and purchase of products and/or services and payments on our website www.wandering.help (our site).

These terms hereby incorporate the terms and conditions of the Privacy Policy that apply to our site, as well the terms and conditions of our Cookie Policy.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

Who we are and how to contact us?

Our site is a site operated by My Kids Academy Ltd (We or Supplier). We are registered in Bulgaria under company number 201556176 and have our registered office at 9 Rostok Street, Varna 9010, Bulgaria, which is also our main trading address. Our VAT number is BG201556176.

To contact us, please email care@wandering.help.

1. General:

1.1 The following terms and conditions apply exclusively for our deliveries. Terms and conditions that are contrary to or deviating from our terms and conditions shall not apply, unless we have expressly agreed to their validity. The following terms shall also apply if we carry out the delivery to the purchaser, without reservation, in knowledge of terms and conditions of the customer contrary to or deviating from our terms and conditions.

1.2 Verbal agreements before or at the conclusion of the contract require our written confirmation to be effective.

1.3 If the purchaser does not accept our offer within a period of two weeks after receipt, we are entitled to revoke it.

1.4 Cost estimates are non-binding and subject to a charge, unless it has been expressly agreed otherwise.

1.5 These terms apply also for all future deliveries to the purchaser until the entry into force of our new terms of delivery.

2. Ordering and contracting:

2.1 When you visit our site, place an order, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us in this manner. This condition does not affect your statutory rights related to electronic communications. 

2.2 You will be asked before the order confirmation to expressly accept these General Terms and Conditions and you represent and warrant that you are eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Verification of information provided by you may be required prior to the confirmation or acceptance of an order or completion of any purchase. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us. 

2.3 After receipt of your order confirmation, we will send to you, without undue delay, an acknowledgement of receipt and the confirmation by email that we have shipped the product and/or the third party service provider has started to provide service to you. Note that we will only deliver products or services to the address you specified. We will inform you by email if, due to circumstances not within the Trader’s reasonable control, a product and/or a service you ordered is unavailable or if we will be unable to ship a product and/or provide the service within the estimated delivery dates. 

2.4 All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise. 

3. Prices and terms of payment:

3.1. If not set forth differently in the Supplier’s order confirmation, all contracts shall be subject to the MMC’s applicable sales prices as per order confirmation date.

3.2. The prices, displayed on our site excluded value added tax. Value added tax shall beadded at the then applicable rate. A calculation of value added tax shall only be omitted in cases where the requirements for a tax exemption of export deliveries are met.

3.3. Where the nature of the products and/or services is such that the price cannot reasonably be calculated in advance, our site shall display the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, we reserve the right to make additional charges for such costs.

3.4. We reserve the right to change our prices accordingly if after conclusion of the contract cost reductions or cost increases occur, in particular due to wage changes, e.g. as a result of collective agreements, or changes in material prices. We will substantiate these to the purchaser upon request.

3.5. Spare part deliveries and returns of repaired goods, insofar as these are not included in the warranty for defects, shall take place against payment of a reasonable postage and packing fee in addition to the remuneration of the service provided by us.

3.6. In the event of a pricing error on an item and/or service that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order. If you do not wish to proceed, we will promptly refund any amounts previously billed. 

 3.7. All payments shall be made within 15 days as from invoice date without deductions and notwithstanding the receipt of supplies. Should the payment not be made within the above 15 day period, the Purchaser shall automatically be deemed to have defaulted on the payment without further notice. As from this time, the Purchaser shall be obliged to pay interest at the legally applicable rate. The Supplier may claim higher default damages. All payments shall be made to the Supplier’s paying office free of charges .

3.8. In cases of default of payment and/or reasonable doubts regarding the sol- vency or creditability of the Purchaser, the Supplier shall be entitled - regardless of its other rights - to fulfil outstanding supplies only against an advance pay- ment or other forms of security to be supplied by the Purchaser and to immedia- tely fix a due date for all claims. In this case the Supplier, until furnish of advance payment or posting of a security by the Purchaser, shall be released from carrying out any further supplies as well as other contractual duties, if applicable.

3.9. The retention of payments by the Purchaser due to counterclaims or alleged product failures shall only be permissible if the counterclaims are undisputed or has become res judicata.

4. Delivery and exsecution:

 

4.1. Times set for supplies can only be observed if all documents to be supplied by the Purchaser, necessary permits and releases, especially concerning plans, are received in time and if agreed terms of payment and other obligations of the Purchaser are fulfilled. Unless these conditions are fulfilled in time, times set shall be extended appropriately. This shall not apply where the Supplier is responsible for the delay.

4.2. If the non-compliance with the delivery periods is due to force majeure and other disruptions for which we are not responsible, e.g. war, terrorist attacks, import and export restrictions, including those affecting the suppliers, the agreed periods of delivery will be extended for the duration of the disruption. The same applies to industrial actions affecting us or our suppliers.

4.3. Where we have failed to fulfil our obligation to deliver the products and/or commence the provision of services at the time agreed upon with you, you shall call upon us to make the delivery and/or commencement within an additional period of time appropriate to the circumstances. If we fail to deliver the products and/or commence provision of services within that additional period of time, you shall be entitled to terminate the contract. The above shall not be applicable to sales contracts and/or services contracts where delivery or commencement within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the products and/or services at the time agreed upon with you, you shall be entitled to terminate the contract immediately. 

4.4. Upon termination of the contract in accordance with the previous clause, we shall, without undue delay and at the latest within 14 days from the order cancellation, reimburse the costs you have incurred under the contract. You may only withdraw from the contract in the case of delay in delivery within the context of statutory provisions if we are responsible for the delay.

4.5. Should the supplies or, if agreed on in the contract, the assembly or erection be delayed due to reasons for which the Purchaser is responsible for, the Purchaser shall be under the obligation to reimburse the Supplier for all cost incurred in connection with reasonable waiting periods and travel expenses of the Supplier or the erection personnel. If dispatch or shipment is delayed at the Purchaser’s request by more than one month after notice of the readiness for dispatch was given, the Purchaser may be charged, for every month commenced, storage costs of 0.5% of the price of the items of the supplies, but in no case more than a total of 5%. The parties of the contract may prove that higher or, as the case may be, lower storage costs have been incurred.

4.6. Orders are shipped on weekdays (Monday through Friday), except for applicable national holidays in the Bulgaria Republic. You will receive a shipment confirmation e-mail with carrier tracking information on the day that your order ships from our warehouse. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on our site. All shipments are made by an independent third party. Shipping dates on our site are estimates and are not binding. 

4.7. Standard and expedited shipping charges will be displayed on our site before you place your order. 

4.8. At the request and expense of the purchaser, deliveries will be insured by us against the usual transport risks.

5. Returns:

5.1. Visible defects shall be notified immediately in writing, at the latest within 15 days after receipt of the goods by the purchaser. The taking back of supplies require as well that the goods are originally packaged. Carton stickers, content labels, and the check slips enclosed with the shipment are to be sent back with the complaint. Objections to other defects are to be raised immediately in writing by the purchaser upon discovery. All returns made by the Purchaser shall be marked with a return identification number issued by the Supplier.

5.2. If defects are notified in error, we are entitled to require that the purchaser compensates us for the expenses thereby incurred, unless the purchaser proves that they are not culpable with regard to the unjustified complaint.


5.3. In the event of late submission of the notice of the defect, claims shall be excluded.

5.4. The purchaser may not refuse receipt of deliveries due to minor defects.

6. Withdrawl:

6.1. As a consumer, you have a period of 14 days to withdraw from the contract, without giving any reason, and without incurring any costs other than those provided for. The withdrawal period will expire after 14 days from: 

▪ in case of service contracts, the day of the conclusion of the contract;

▪ in case of sales contracts for products, the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or: 

6.2. The exercise of the right of withdrawal shall terminate the obligations of the parties to perform the contract. If you exercise your right of withdrawal, any ancillary contracts shall be automatically terminated. 

6.3. In the case that conditions exist according to this contract that allow you to terminate the contract, we shall reimburse to you all payments received from you, including, if applicable, the costs of return (with the exception of the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us). You shall receive reimbursement without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract in accordance with the present section. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided you do not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest. 

6.4. The Products being sent back must be in perfect condition, in their original packaging and contain all included accessories. You have the right to examine the product but not to use or handle it in any way that may damage or change its condition. It is incumbent upon the consumer to carefully package the Product so as to ensure that it is not damaged during shipping. Upon receipt of the returned goods, reimbursement will be made to the same account that was used when making the order. 

6.5. You are only liable for any diminished value of the products if it can be assumed that the diminished value is a result of the handling other than what is necessary to establish the condition and functioning of the products. 

6.6. If you want the performance of services to begin during the withdrawal period, we require that you make an express request. By submitting an express request, you acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you exercise the right of withdrawal after having made such request, but before the service has been fully performed, you shall be liable to pay us reasonable costs in proportion to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract for the service. The proportionate amount to be paid by you to us shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided. 

6.7. The consumer is liable for proving that conditions exist for the right of withdrawal.

7. When you do not  have a right to withdrawal:

7.1.  Service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us;

7.2.  The supply of products or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the withdrawal period;

7.3. The supply of products made to your specifications or clearly personalized;

7.4. The supply of products which are liable to deteriorate or expire rapidly;

7.5. The supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

7.6. The supply of products which are, after delivery, according to their nature, inseparably mixed with other items; and

7.7. The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

8. Withdrawal from our side:

8.1. In case of behaviour of the purchaser contrary to the terms of the contract, in particular for default of payment, we are entitled to withdraw from the contract after a reasonable grace period, without prejudice to our other contractual and legal rights.

8.2. We shall be entitled without setting a grace period to withdraw from the contract if the purchaser cancels their payments or requests the opening of insolvency proceedings or comparable proceedings over their assets for the settlement of debts.


8.3. We are also entitled to withdraw from the contract without setting a grace period,

▪ if a significant deterioration of the financial circumstances of the purchaser occurs or threatens to occur and thereby the fulfilment of a payment obligation towards us is at risk, or


▪ if the purchaser is in a state of insolvency or over-indebtedness.


8.4. Statutory rights and entitlements shall not be limited by the regulations contained in this section.

9. Defects as to quality and liability:

9.1. The Supplier shall be liable for defects (as follows:

▪ All parts or services where a defect becomes apparent within the limitation period shall, at the discretion of the Supplier, be repaired replaced or provided again free of charge irrespective of the hours of operation elapsed, provided that the reason for the defect had already existed at the time when the risk passed.

▪ Claims based on defects are subject to a limitation period of twelve months as from the time when the risk passed. This provision shall not apply where longer periods are described by law , as well as in cases of injury of life, body or health, or where the Supplier intentionally or grossly negligently fails to fulfil its obligation or fraudulently conceals a defect.

▪ The Purchaser shall notify the Supplier in writing for the defecs and without undue delay. The Supplier shall first be given the opportunity to supplement its performance within a reasonable period of time. If supplementary performance is unsuccessful, the Purchaser shall be entitled to cancel the contract or reduce the remuneration, irrespective of any claims for damagesit may have.

In case of notification of a defect, the Purchaser may withhold payments to a reasonable extent taking into account the defects occurred. The Purchaser, however, may withhold payments only if the subject-matter of the notification of the defect occurred is justified beyond doubt. Unjustified notifications of defect shall entitle the Supplier to have its expenses reimbursed by the Purchaser.

▪ There shall be no claims based on defects in cases of insignificant deviations from the agreed quality, of only minor impairment of usefulness, of natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective workmanship, inappropriate foundation soil or from particular external influences not assumed under the contract, or from non-reproducible software errors.

Claims based on defects attributable to improper modifications or repair work carried out by the Purchaser or third parties and the consequences thereof shall be likewise excluded.

▪ The Purchaser shall have no claim with respect to expenses incurred in the course of supplementary performance, including costs of travel and transport, labour, and material, to the extent that expenses are increased because the subjectmatter of the supplies was subsequently brought to another location than the Purchaser’s branch office, unless doing so complies with the intended use of the supplies.

▪ The Purchaser’s right of recourse against the Supplier is limited to cases where the Purchaser has not concluded an agreement with its customers exceeding the scope of the statutory provisions governing claims based on defects.

▪ Furthermore, the provisions of section 9.2. (Other claims for damages) shall apply in respect of claims for damages. Any other claims of the Purchaser against the Supplier or its agents or any such claims exceeding the claims provided for in the present section, based on defect, shall be excluded.

▪ Material defects are not

- natural wear and tear;

- characteristics of the goods or damages, occurring after the transfer of risk due to improper handling, storage or installation, non-observance of installation and handling regulations or excessive operational demands or use;

- characteristics of the goods or damages arising due to force majeure, in particular external influences which are not provided for in the contract or resulting from the use of the goods outside the intended or ordinary use in accordance with the contract;

- non-reproducible software errors.

There shall be no claims for defects if the goods have been changed by third parties or by installation of parts of third-party origin, unless the defect does not have any causal connection with the change. We are not liable for the characteristics of the goods with regard to the construction or the choice of the material, if the customer has stipulated the construction or the material.

9.2. Other claims for damages

▪ Any claims for damages and reimbursement of expenses the Purchaser may have (hereinafter referred to as “Claims for Damages”), based on whatever legal reason, including infringement of duties arising in connection with the  contract or tort, shall be excluded. The above shall not apply in the case of mandatory liability, , in case of intent, gross negligence, injury of life, body or health, or breach if a condition which goes to the root of the contract.

However, Claims for Damages arising from a breach of a condition which goes to the root of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused by intent or gross negli gence or based on liability for injury of life, body or health. The above provision does not imply a change in the burden of proof to the detriment of the Purchaser.

▪ To the extent that the Purchaser has a valid Claim for Damages, it shall be time-barred upon expiration of the limitation period applicable to Defects pursuant to section 9.1.  

10. Governing law, mediation and exclusive jurisdiction:

The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable statutory law. In the event of conflict between these General Terms and Conditions and applicable statutory law, your statutory rights under these laws shall prevail. 

11. How you may use material on our site:

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Prohibited uses:

You may use our site only for lawful purposes. You may not use our site:

▪ In any way that breaches any applicable local, national or international law or regulation.

▪ In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

▪ For the purpose of harming or attempting to harm minors in any way.

▪ To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

▪ To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

▪ To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

▪ Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (see above).

▪ Not to access without authority, interfere with, damage or disrupt: