General terms and conditions
GENERAL TERMS OF USE OF https://filstar.com
1. SUBJECT
This Document constitutes the general terms and conditions or terms of use of filstar.com , which govern the rules for the use of filstar.com , including the conclusion of a purchase and sale contract with the Seller.
2. SELLER DATA
2.1. K and K OOD is a company with a registered address in the city of Asenovgrad, Bulgaria Blvd. No. 5. UIC: BG825000254, MOL: Kiril Andreev
2.2. K and K OOD administers the FilStar e-shop under the form of K and K OOD and the website https://filstar.com
2.3. You can contact K and K Ltd. by phone +359 884 742 185 or by e-mail at mail@filstar.com
3. DEFINITIONS
3.1. Buyer - an individual aged 18 or over, a legal entity or other legal entity who creates an account on the Platform, places an order and concludes a distance purchase and sale contract.
3.2 Seller - K and K Ltd.
3.3. Website - the e-store hosted at the web address filstar.com and its subdomains
3.4. The Platform - FilStar Website: https://filstar.com
3.5. Client - any natural person over 18 years of age, legal entity or other legal entity who gains access to the Content through the means of communication provided by K and K OOD (electronically, by telephone, etc.) or under an existing contract for use with K and K OOD and who has requested the creation and use of an Account.
3.6. User - any natural person over 16 years of age, legal entity or other legal entity who has registered on the Platform and who, by completing the Account creation process, has given his/her consent to certain clauses in the General Terms and Conditions section of the Platform.
3.7. Account - a section of the Platform, formed by an email address and password, which allows the Buyer to send an Order and which contains information about the Buyer/User and the history of some of his actions on the Platform (Orders, tax invoices, etc.). The User is responsible for ensuring that all information entered in the Account is correct, complete and up-to-date.
3.8. Cart - a section in the Account that allows the Buyer/User to add Goods or Services that he/she wishes to purchase at the time of their addition or at a later stage; in case the Goods and Services are not purchased at the time of their addition by placing an Order, the Buyer/User will use the Seller's service to track the Goods and Services by receiving Commercial Messages from the Seller.
3.9. Order - an electronic document representing a form of communication between K and K OOD and the Client, through which the Client declares to K and K OOD through the Platform his intention to purchase Goods from the Platform.
3.10. Goods(s) / Service(s) - any product or service available on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Contract.
3.11. Campaign - any advertising message aimed at promoting the Platform, the FilStar brand or certain Goods or Services that are offered in limited quantities, unless the commercial message explicitly states otherwise, for a certain period of time specified by the Seller.
3.12. Contract - represents a distance contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are these general terms and conditions for use of the Platform.
3.13. Content:
- all information on the Platform that is accessible through an Internet connection and using a device connected to the Internet;
- the content of any message from the Buyer to the Seller sent by electronic means and/or any other available means of communication;
- any information provided, in any way, by an employee/associate of K and K Ltd. to the Client via electronic or other means of remote transmission;
- the information related to the Goods and/or the tariffs applied by the Seller in a certain period of time;
- information concerning Customers and related to the Goods and/or applicable tariffs from third parties with whom the Seller has concluded partnership agreements in some form;
- data about the Seller.
3.14. Commercial communications - any type of message sent through electronic communication channels (such as e-mail, SMS, mobile device push / web push, etc.), containing general and thematic information, information about similar or suitable products to those purchased, information about offers or promotions, information about Goods and Services added to the “Account/My Cart” section or the “Account/Favorites” section, as well as other commercial communications such as market and consumer research.
3.15. Transaction - the action taken by K and K Ltd. to refund an amount paid by the Buyer as a result of cancellation, termination, refusal or failure to conclude a purchase and sale contract through the Platform, carried out through a courier company or by bank transfer.
3.16. Specifications - all characteristics and/or descriptions of the Goods, as indicated in their description.
4. GENERAL PROVISIONS
4.1. The General Terms and Conditions of K and K Ltd. bind all Clients/Buyers/Users of the Platform.
4.2. Any use of the Platform means that you have (a) carefully read the general terms and conditions for its use and (b) agreed to comply with them unconditionally.
4.3. K and K Ltd. reserves the right to update and amend the General Terms and Conditions of the Platform periodically to reflect any changes in the way the website operates and the conditions or any changes in legal requirements. The Document may be opposed to the Clients/Users/Buyers from the moment it is published on the Platform. In the event of such a change, we will publish on the Platform the amended version of the Document, therefore we ask you to periodically check the content of this Document.
4.4. If any of the provisions of these general terms and conditions for use of the Platform prove to be invalid or unenforceable, regardless of the reason for this, this shall not entail the invalidity or unenforceability of the remaining provisions.
4.5. K and K OOD makes serious efforts to maintain the accuracy of the information presented on the Platform. However, taking into account possible technical errors or omissions in this information, K and K OOD specifies that the images of the products are illustrative and indicative in nature, respectively, the delivered products may differ from the images.
4.6. Due to limited space and the consistent structure of the information, product descriptions may sometimes be incomplete. However, K and K Ltd. strives to provide the most relevant and important information.
4.7. All goods, including those on promotion/discount, are sold and delivered until stocks last or the promotion period ends, even if this is not explicitly stated on the Platform.
4.8. The Platform may contain links to other sites. K and K Ltd. is not responsible for the privacy policies of websites that it does not administer, as well as for other information contained therein.
5. CONCLUSION OF A CONTRACT
5.1. The Customer declares his/her desire to order and purchase Goods through the Platform by placing an Order electronically or by telephone and which is respectively registered by him/herself or by an employee of K and K Ltd. on his/her behalf.
5.2. K and K Ltd. will send a notification to the Client for registering the Order in its system, which does not constitute acceptance, confirmation or undertaking to fulfill it. K and K Ltd. will make this notification electronically (email) or by telephone.
5.3. Therefore, the Seller has the right not to deliver part or all of the Products from the Order for various objective reasons, including but not limited to exhaustion of their stock. In all cases, K and K OOD shall notify the Customer of this by email or by phone.
5.4. The distance purchase contract between the Seller and the Buyer is considered concluded at the time of receipt by the Buyer of his e-mail and/or via SMS sent to his phone of a notification that the Product from the Order is ready for shipment.
5.5. The purchase and sale contract concluded between the Buyer and the Seller consists of these general terms and conditions and any possible additional agreements between them.
6. ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering an Order is allowed to every User.
6.2. K and K OOD reserves the right, at its sole discretion, to limit the access of any User/Buyer to the execution of an Order and/or to any of the possible payment methods, if it considers that this would be detrimental to K and K OOD in any way. In such a situation, the Client's only right is to contact the Customer Service Department of K and K OOD to be informed about the reasons that led to the implementation of the above-mentioned measures. K and K OOD is not liable for any damages that the Client has suffered or may suffer as a result of this decision, regardless of its correctness or validity.
6.3. Communication with the Seller can be carried out through direct contact with him or through the contact methods indicated on the Platform.
6.4. In case of unusually high traffic on the Internet network, K and K Ltd. reserves the right to require Customers to manually enter captcha-type validation codes or other methods for validating a real user, in order to protect the information published on the Platform.
6.5. K and K Ltd. may publish advertising or promotional information about the Goods and/or Services for the promotions offered by it on the Platform for a certain period of time.
6.6. All prices of the Goods on the Platform are final and announced in leva (BGN) for the Bulgarian version of the site and in euros (EUR) for the English version of the site with all other taxes or fees required by law.
6.7. In the case of payments by bank transfer, the Seller shall not be liable for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in cases of currency exchange applied by the bank that issued the customer's card in cases where the currency is different from BGN.
6.8. All images placed on the Platform are intended solely to create a certain idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the respective Product. The Seller shall not be liable for such discrepancies.
7. USE OF SUBCONTRACTORS
The Seller has the right to use subcontractors to perform its obligations under the distance sales contract concluded through the Platform without the need to notify or obtain the Buyer's consent to this. The Seller will be liable for the actions of these subcontractors as if they were its own.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The content, as defined in the "Definitions" chapter, including, but not limited to, logos, any graphic images or inscriptions, trade marks, dynamic symbols, texts and/or multimedia content of the Platform, are the exclusive property of K and K OOD.
8.2. K and K Ltd. owns and reserves all intellectual property rights related in any way to the Platform, whether owned by it or obtained through contractual licenses or in any other lawful manner.
8.3. Nothing in the distance contract concluded between K and K OOD and the Buyer shall be deemed as permission by K and K OOD for the latter to copy, distribute, publish, provide to third parties, change in any way any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform or descriptions of the Products in any way, including by introducing any content external to the Platform, removing the signs indicating the ownership right of K and K OOD over the Content. The Customer is also not entitled to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of K and K OOD.
8.4. The Client may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this does not contradict the provisions of this chapter of this document.
8.5. The Client has the right to use the Content for commercial purposes only and only if he has received the written consent of K and K OOD for this and only to the part of the Content, to the manner and extent of its use, as well as within the time limits for which this consent has been expressly given. Any subsequent or different use of the Content will be considered a breach of this agreement between K and K OOD and the Client and a violation of the intellectual property rights of K and K OOD, which has the right to hold the Client liable for this.
8.6. The mere sending to the Client or referencing of the Content or parts thereof by K and K OOD shall not be deemed as consent by K and K OOD to allow the Client to use the Content or parts thereof for their own purposes other than their personal needs, regardless of the means of communication used by K and K OOD.
8.7. Any use of the Content for purposes other than those expressly permitted in these general terms and conditions or in other express written consent given by K and K OOD is prohibited.
9. ORDER
9.1. The Customer may place Orders on the Platform by adding the desired Products for purchase, following the steps indicated on the Platform to complete and submit the relevant Order.
9.2. Any Goods added to the Cart can be purchased if available. Adding a Goods to the Shopping Cart without completing the Order does not result in the registration of the order and the automatic saving of the Goods.
9.3. By confirming the Order, K and K OOD confirms the delivery of only one item of the relevant Product in the registered order. The remaining items of the Product model in question will be additionally confirmed or refused depending on the available quantities.
9.4. The Client undertakes and is responsible for ensuring that all data provided to K and K OOD in connection with the Order is true, complete and accurate as of the date of sending the order. The Client grants permission to K and K OOD to provide this data to the relevant subcontractor through whom K and K OOD will fulfill the order.
9.5. By sending the order, the Client/Buyer authorizes K and K Ltd. to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.
9.6. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer, of which it shall notify the Customer. The cancellation of the order does not entail any liability or subsequent obligation of either party towards the other in connection with it and accordingly neither of them has the right to seek compensation from the other for its cancellation in the following cases:
- carrying out the monetary transaction, which does not result in funds being credited to the Seller's account for online payments;
- the data provided by the Client on the Platform are incomplete and/or incorrect;
- the seller has made two unsuccessful attempts to deliver the Product ordered by the Customer.
9.7. The Buyer will bear all direct costs of returning Products offered by K and K OOD, in case he withdraws from the Distance Contract and declares this within the withdrawal period provided to him by K and K OOD. This period begins to run from the date of receipt of the purchased Product by the Buyer or a third party other than the carrier. The Customer must return the Goods to the address specified on the website, in the meantime notifying the Seller of this at mail@filstar.com .
9.8. The Seller undertakes to refund the price paid for the Distance Selling Contract from which the Buyer has withdrawn within 14 (fourteen) days from the date on which proof is received from the Buyer that the latter has returned the relevant Goods. The amount will be refunded as follows without this resulting in any additional costs for the Buyer. Payments are made by cash on delivery.
9.9. The Seller has the right to delay the refund in cases of withdrawal from a concluded Contract until receipt of the Products sold or until receipt of proof that they have been sent, in case he has not offered to collect the Goods himself, whichever of the two events occurs earlier.
10. GOODS FOR WHICH THE BUYER DOES NOT HAVE THE RIGHT OF REFUSAL
The Buyer does not have the right to withdraw from the concluded Contract in the following cases:
- upon delivery of sealed Products that are unsealed after delivery and cannot be returned due to reasons related to the regular commercial form of the packaging;
- upon delivery of Products which, after being delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
- in all other cases provided for by law.
11. CONFIDENTIALITY
11.1. The Client/User agrees that by providing any of his/her personal or other data to K and K OOD, he/she agrees that they may be used by the latter for the following purposes: (1) maintaining the Client/User's account, including registering orders, sending ordered products, performing ordered services, invoicing, resolving disputes with Clients/Users/Buyers regarding their Orders or considering their requests; (2) sending Commercial communications or periodic notifications by e-mail or via SMS; (3) conducting market research, tracking and monitoring sales and client/user behavior.
11.2. The Client/User/Buyer agrees to provide K and K OOD with unlimited access in volume and time to any materials and information that he sends to the Seller through or in connection with the Platform, regardless of whether he has placed an Order and completed a transaction through the Platform. K and K OOD has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Client expressly agrees that K and K OOD may freely use and process for its own purposes the ideas, concepts or know-how that the Client has provided to it in any way through or in connection with the Platform or the actions/inactions that the Client has taken through or in connection with the Platform. K and K OOD has no obligation to keep the information thus received confidential, to the extent that this is not an obligation imposed on it by the applicable legislation.
11.3. By providing their data to K and K Ltd. (including e-mail), the Client/User/Buyer expressly consents to being contacted by K and K Ltd. or third parties, partners of K and K Ltd., who are couriers, marketing service providers, state, municipal or non-governmental agencies or companies in the field of insurance or financial services, when this is provided for by specific legislation, as well as other companies with which K and K Ltd. may develop joint programs for offering the Goods on the market, etc.
11.4. By providing their personal data to K and K Ltd., the Client/User/Buyer gives their explicit consent for them to be included in a database of K and K Ltd., which will store and use them in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679).
12.COMMERCIAL MESSAGES
12.1. At the moment the Client creates an account on the Platform, he has the opportunity to express his consent to receive Commercial Communications.
12.2. The Buyer/User may withdraw his/her consent given to the Seller to receive Commercial Communications, which withdrawal may be expressed at any time by contacting the Seller at mail@filstar.com .
12.3. Refusal to receive Commercial Communications does not mean automatic refusal of the consent to conclude this contract.
12.4. The Client / User may unsubscribe at any time from receiving Commercial Communications pursuant to Art. 12.5 above with K and K OOD at mail@filstar.com .
13. INVOICING - PAYMENT
13.1. The prices of the Goods announced on the Platform are final and include all other taxes and fees provided for in the current Bulgarian legislation.
13.2. The price and payment method are specified in each Order.
13.3. In case the Customer/User has more than one address saved in their account, the delivery will be sent to the one indicated as the primary one.
13.4. The Buyer is obliged to provide all necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation.
14. DELIVERY OF GOODS
14.1. The Seller undertakes to deliver the ordered and purchased Products via a courier company to the address specified by the Buyer.
14.2. The Seller will ensure the appropriate packaging of the Products and the sending of the accompanying documents. If by any chance the shipment does not contain a document necessary for the ordered product, please contact us at mail@filstar.com and we will do everything possible to provide it to you as soon as possible.
14.3. The terms of delivery for the products offered by K and K Ltd. are located at the bottom of the Platform page - Delivery.
15. WARRANTIES
15.1. The Seller offers all Goods on the Platform with a guarantee of conformity of the goods with the Contract in accordance with the applicable legislation. Exceptions are certain categories of goods that, due to their nature, cannot have a guarantee.
15.2. Regarding claims and complaints related to the purchased goods and/or service, Buyers should contact the Customer Service Department at the contact details specified in these General Terms and Conditions. Each buyer can also make their claim by filling out the standard form to facilitate the exercise of the right of withdrawal under the Consumer Protection Act and sending it by e-mail. You can copy the form from here:
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
To ……………………
/merchant's name/
…………………………………………………………………………..
/address, UIC/
I hereby give notice that I withdraw from the contract I have concluded for the purchase of the following goods/services:
…………………………………………………. /product description/
The goods were ordered on ………………….
The goods were received on …………………. /indicate the date of receipt by the consumer/
………………………………………………………………………../User name/
Town/city………………………………………………………………………. /User's address/
………………. …………………………….
/Date/ /User's signature
16. TRANSFER OF OWNERSHIP
Ownership of the Goods will be transferred from the Seller upon delivery to the Buyer after payment has been made by the Buyer. Delivery of the Goods will be evidenced by the Buyer's signature on the transport document provided by the courier.
17. LIABILITY
The Seller is not liable for any damages suffered by the Buyer as a result of force majeure circumstances or those beyond the Seller's control.
18. PROCESSING OF PERSONAL DATA
Please review the Privacy Policy, which is part of this Document and can be viewed here.
19. USE OF COOKIES
Please review the cookie policy, which is part of this Document and can be viewed here.
20. FORCE MAJEURE CIRCUMSTANCES
20.1. Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event, beyond the control of the parties, which cannot be avoided.
20.2. If it does not stop within 14 (fourteen) days from the date of the relevant event, each party has the right to notify the other party that it is terminating the Contract without owing the other any compensation for any damages possibly suffered.
21. APPLICABLE LAW - JURISDICTION
This contract is subject to Bulgarian law. Any disputes arising between K and K OOD and Clients will be resolved by mutual agreement or, if this is impossible, the disputes will be resolved before the relevant competent authorities in accordance with the laws of the Republic of Bulgaria.
Link to online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
1. SUBJECT
This Document constitutes the general terms and conditions or terms of use of filstar.com , which govern the rules for the use of filstar.com , including the conclusion of a purchase and sale contract with the Seller.
2. SELLER DATA
2.1. K and K OOD is a company with a registered address in the city of Asenovgrad, Bulgaria Blvd. No. 5. UIC: BG825000254, MOL: Kiril Andreev
2.2. K and K OOD administers the FilStar e-shop under the form of K and K OOD and the website https://filstar.com
2.3. You can contact K and K Ltd. by phone +359 884 742 185 or by e-mail at mail@filstar.com
3. DEFINITIONS
3.1. Buyer - an individual aged 18 or over, a legal entity or other legal entity who creates an account on the Platform, places an order and concludes a distance purchase and sale contract.
3.2 Seller - K and K Ltd.
3.3. Website - the e-store hosted at the web address filstar.com and its subdomains
3.4. The Platform - FilStar Website: https://filstar.com
3.5. Client - any natural person over 18 years of age, legal entity or other legal entity who gains access to the Content through the means of communication provided by K and K OOD (electronically, by telephone, etc.) or under an existing contract for use with K and K OOD and who has requested the creation and use of an Account.
3.6. User - any natural person over 16 years of age, legal entity or other legal entity who has registered on the Platform and who, by completing the Account creation process, has given his/her consent to certain clauses in the General Terms and Conditions section of the Platform.
3.7. Account - a section of the Platform, formed by an email address and password, which allows the Buyer to send an Order and which contains information about the Buyer/User and the history of some of his actions on the Platform (Orders, tax invoices, etc.). The User is responsible for ensuring that all information entered in the Account is correct, complete and up-to-date.
3.8. Cart - a section in the Account that allows the Buyer/User to add Goods or Services that he/she wishes to purchase at the time of their addition or at a later stage; in case the Goods and Services are not purchased at the time of their addition by placing an Order, the Buyer/User will use the Seller's service to track the Goods and Services by receiving Commercial Messages from the Seller.
3.9. Order - an electronic document representing a form of communication between K and K OOD and the Client, through which the Client declares to K and K OOD through the Platform his intention to purchase Goods from the Platform.
3.10. Goods(s) / Service(s) - any product or service available on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Contract.
3.11. Campaign - any advertising message aimed at promoting the Platform, the FilStar brand or certain Goods or Services that are offered in limited quantities, unless the commercial message explicitly states otherwise, for a certain period of time specified by the Seller.
3.12. Contract - represents a distance contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are these general terms and conditions for use of the Platform.
3.13. Content:
- all information on the Platform that is accessible through an Internet connection and using a device connected to the Internet;
- the content of any message from the Buyer to the Seller sent by electronic means and/or any other available means of communication;
- any information provided, in any way, by an employee/associate of K and K Ltd. to the Client via electronic or other means of remote transmission;
- the information related to the Goods and/or the tariffs applied by the Seller in a certain period of time;
- information concerning Customers and related to the Goods and/or applicable tariffs from third parties with whom the Seller has concluded partnership agreements in some form;
- data about the Seller.
3.14. Commercial communications - any type of message sent through electronic communication channels (such as e-mail, SMS, mobile device push / web push, etc.), containing general and thematic information, information about similar or suitable products to those purchased, information about offers or promotions, information about Goods and Services added to the “Account/My Cart” section or the “Account/Favorites” section, as well as other commercial communications such as market and consumer research.
3.15. Transaction - the action taken by K and K Ltd. to refund an amount paid by the Buyer as a result of cancellation, termination, refusal or failure to conclude a purchase and sale contract through the Platform, carried out through a courier company or by bank transfer.
3.16. Specifications - all characteristics and/or descriptions of the Goods, as indicated in their description.
4. GENERAL PROVISIONS
4.1. The General Terms and Conditions of K and K Ltd. bind all Clients/Buyers/Users of the Platform.
4.2. Any use of the Platform means that you have (a) carefully read the general terms and conditions for its use and (b) agreed to comply with them unconditionally.
4.3. K and K Ltd. reserves the right to update and amend the General Terms and Conditions of the Platform periodically to reflect any changes in the way the website operates and the conditions or any changes in legal requirements. The Document may be opposed to the Clients/Users/Buyers from the moment it is published on the Platform. In the event of such a change, we will publish on the Platform the amended version of the Document, therefore we ask you to periodically check the content of this Document.
4.4. If any of the provisions of these general terms and conditions for use of the Platform prove to be invalid or unenforceable, regardless of the reason for this, this shall not entail the invalidity or unenforceability of the remaining provisions.
4.5. K and K OOD makes serious efforts to maintain the accuracy of the information presented on the Platform. However, taking into account possible technical errors or omissions in this information, K and K OOD specifies that the images of the products are illustrative and indicative in nature, respectively, the delivered products may differ from the images.
4.6. Due to limited space and the consistent structure of the information, product descriptions may sometimes be incomplete. However, K and K Ltd. strives to provide the most relevant and important information.
4.7. All goods, including those on promotion/discount, are sold and delivered until stocks last or the promotion period ends, even if this is not explicitly stated on the Platform.
4.8. The Platform may contain links to other sites. K and K Ltd. is not responsible for the privacy policies of websites that it does not administer, as well as for other information contained therein.
5. CONCLUSION OF A CONTRACT
5.1. The Customer declares his/her desire to order and purchase Goods through the Platform by placing an Order electronically or by telephone and which is respectively registered by him/herself or by an employee of K and K Ltd. on his/her behalf.
5.2. K and K Ltd. will send a notification to the Client for registering the Order in its system, which does not constitute acceptance, confirmation or undertaking to fulfill it. K and K Ltd. will make this notification electronically (email) or by telephone.
5.3. Therefore, the Seller has the right not to deliver part or all of the Products from the Order for various objective reasons, including but not limited to exhaustion of their stock. In all cases, K and K OOD shall notify the Customer of this by email or by phone.
5.4. The distance purchase contract between the Seller and the Buyer is considered concluded at the time of receipt by the Buyer of his e-mail and/or via SMS sent to his phone of a notification that the Product from the Order is ready for shipment.
5.5. The purchase and sale contract concluded between the Buyer and the Seller consists of these general terms and conditions and any possible additional agreements between them.
6. ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering an Order is allowed to every User.
6.2. K and K OOD reserves the right, at its sole discretion, to limit the access of any User/Buyer to the execution of an Order and/or to any of the possible payment methods, if it considers that this would be detrimental to K and K OOD in any way. In such a situation, the Client's only right is to contact the Customer Service Department of K and K OOD to be informed about the reasons that led to the implementation of the above-mentioned measures. K and K OOD is not liable for any damages that the Client has suffered or may suffer as a result of this decision, regardless of its correctness or validity.
6.3. Communication with the Seller can be carried out through direct contact with him or through the contact methods indicated on the Platform.
6.4. In case of unusually high traffic on the Internet network, K and K Ltd. reserves the right to require Customers to manually enter captcha-type validation codes or other methods for validating a real user, in order to protect the information published on the Platform.
6.5. K and K Ltd. may publish advertising or promotional information about the Goods and/or Services for the promotions offered by it on the Platform for a certain period of time.
6.6. All prices of the Goods on the Platform are final and announced in leva (BGN) for the Bulgarian version of the site and in euros (EUR) for the English version of the site with all other taxes or fees required by law.
6.7. In the case of payments by bank transfer, the Seller shall not be liable for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in cases of currency exchange applied by the bank that issued the customer's card in cases where the currency is different from BGN.
6.8. All images placed on the Platform are intended solely to create a certain idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the respective Product. The Seller shall not be liable for such discrepancies.
7. USE OF SUBCONTRACTORS
The Seller has the right to use subcontractors to perform its obligations under the distance sales contract concluded through the Platform without the need to notify or obtain the Buyer's consent to this. The Seller will be liable for the actions of these subcontractors as if they were its own.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The content, as defined in the "Definitions" chapter, including, but not limited to, logos, any graphic images or inscriptions, trade marks, dynamic symbols, texts and/or multimedia content of the Platform, are the exclusive property of K and K OOD.
8.2. K and K Ltd. owns and reserves all intellectual property rights related in any way to the Platform, whether owned by it or obtained through contractual licenses or in any other lawful manner.
8.3. Nothing in the distance contract concluded between K and K OOD and the Buyer shall be deemed as permission by K and K OOD for the latter to copy, distribute, publish, provide to third parties, change in any way any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform or descriptions of the Products in any way, including by introducing any content external to the Platform, removing the signs indicating the ownership right of K and K OOD over the Content. The Customer is also not entitled to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of K and K OOD.
8.4. The Client may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this does not contradict the provisions of this chapter of this document.
8.5. The Client has the right to use the Content for commercial purposes only and only if he has received the written consent of K and K OOD for this and only to the part of the Content, to the manner and extent of its use, as well as within the time limits for which this consent has been expressly given. Any subsequent or different use of the Content will be considered a breach of this agreement between K and K OOD and the Client and a violation of the intellectual property rights of K and K OOD, which has the right to hold the Client liable for this.
8.6. The mere sending to the Client or referencing of the Content or parts thereof by K and K OOD shall not be deemed as consent by K and K OOD to allow the Client to use the Content or parts thereof for their own purposes other than their personal needs, regardless of the means of communication used by K and K OOD.
8.7. Any use of the Content for purposes other than those expressly permitted in these general terms and conditions or in other express written consent given by K and K OOD is prohibited.
9. ORDER
9.1. The Customer may place Orders on the Platform by adding the desired Products for purchase, following the steps indicated on the Platform to complete and submit the relevant Order.
9.2. Any Goods added to the Cart can be purchased if available. Adding a Goods to the Shopping Cart without completing the Order does not result in the registration of the order and the automatic saving of the Goods.
9.3. By confirming the Order, K and K OOD confirms the delivery of only one item of the relevant Product in the registered order. The remaining items of the Product model in question will be additionally confirmed or refused depending on the available quantities.
9.4. The Client undertakes and is responsible for ensuring that all data provided to K and K OOD in connection with the Order is true, complete and accurate as of the date of sending the order. The Client grants permission to K and K OOD to provide this data to the relevant subcontractor through whom K and K OOD will fulfill the order.
9.5. By sending the order, the Client/Buyer authorizes K and K Ltd. to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.
9.6. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer, of which it shall notify the Customer. The cancellation of the order does not entail any liability or subsequent obligation of either party towards the other in connection with it and accordingly neither of them has the right to seek compensation from the other for its cancellation in the following cases:
- carrying out the monetary transaction, which does not result in funds being credited to the Seller's account for online payments;
- the data provided by the Client on the Platform are incomplete and/or incorrect;
- the seller has made two unsuccessful attempts to deliver the Product ordered by the Customer.
9.7. The Buyer will bear all direct costs of returning Products offered by K and K OOD, in case he withdraws from the Distance Contract and declares this within the withdrawal period provided to him by K and K OOD. This period begins to run from the date of receipt of the purchased Product by the Buyer or a third party other than the carrier. The Customer must return the Goods to the address specified on the website, in the meantime notifying the Seller of this at mail@filstar.com .
9.8. The Seller undertakes to refund the price paid for the Distance Selling Contract from which the Buyer has withdrawn within 14 (fourteen) days from the date on which proof is received from the Buyer that the latter has returned the relevant Goods. The amount will be refunded as follows without this resulting in any additional costs for the Buyer. Payments are made by cash on delivery.
9.9. The Seller has the right to delay the refund in cases of withdrawal from a concluded Contract until receipt of the Products sold or until receipt of proof that they have been sent, in case he has not offered to collect the Goods himself, whichever of the two events occurs earlier.
10. GOODS FOR WHICH THE BUYER DOES NOT HAVE THE RIGHT OF REFUSAL
The Buyer does not have the right to withdraw from the concluded Contract in the following cases:
- upon delivery of sealed Products that are unsealed after delivery and cannot be returned due to reasons related to the regular commercial form of the packaging;
- upon delivery of Products which, after being delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
- in all other cases provided for by law.
11. CONFIDENTIALITY
11.1. The Client/User agrees that by providing any of his/her personal or other data to K and K OOD, he/she agrees that they may be used by the latter for the following purposes: (1) maintaining the Client/User's account, including registering orders, sending ordered products, performing ordered services, invoicing, resolving disputes with Clients/Users/Buyers regarding their Orders or considering their requests; (2) sending Commercial communications or periodic notifications by e-mail or via SMS; (3) conducting market research, tracking and monitoring sales and client/user behavior.
11.2. The Client/User/Buyer agrees to provide K and K OOD with unlimited access in volume and time to any materials and information that he sends to the Seller through or in connection with the Platform, regardless of whether he has placed an Order and completed a transaction through the Platform. K and K OOD has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Client expressly agrees that K and K OOD may freely use and process for its own purposes the ideas, concepts or know-how that the Client has provided to it in any way through or in connection with the Platform or the actions/inactions that the Client has taken through or in connection with the Platform. K and K OOD has no obligation to keep the information thus received confidential, to the extent that this is not an obligation imposed on it by the applicable legislation.
11.3. By providing their data to K and K Ltd. (including e-mail), the Client/User/Buyer expressly consents to being contacted by K and K Ltd. or third parties, partners of K and K Ltd., who are couriers, marketing service providers, state, municipal or non-governmental agencies or companies in the field of insurance or financial services, when this is provided for by specific legislation, as well as other companies with which K and K Ltd. may develop joint programs for offering the Goods on the market, etc.
11.4. By providing their personal data to K and K Ltd., the Client/User/Buyer gives their explicit consent for them to be included in a database of K and K Ltd., which will store and use them in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679).
12.COMMERCIAL MESSAGES
12.1. At the moment the Client creates an account on the Platform, he has the opportunity to express his consent to receive Commercial Communications.
12.2. The Buyer/User may withdraw his/her consent given to the Seller to receive Commercial Communications, which withdrawal may be expressed at any time by contacting the Seller at mail@filstar.com .
12.3. Refusal to receive Commercial Communications does not mean automatic refusal of the consent to conclude this contract.
12.4. The Client / User may unsubscribe at any time from receiving Commercial Communications pursuant to Art. 12.5 above with K and K OOD at mail@filstar.com .
13. INVOICING - PAYMENT
13.1. The prices of the Goods announced on the Platform are final and include all other taxes and fees provided for in the current Bulgarian legislation.
13.2. The price and payment method are specified in each Order.
13.3. In case the Customer/User has more than one address saved in their account, the delivery will be sent to the one indicated as the primary one.
13.4. The Buyer is obliged to provide all necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation.
14. DELIVERY OF GOODS
14.1. The Seller undertakes to deliver the ordered and purchased Products via a courier company to the address specified by the Buyer.
14.2. The Seller will ensure the appropriate packaging of the Products and the sending of the accompanying documents. If by any chance the shipment does not contain a document necessary for the ordered product, please contact us at mail@filstar.com and we will do everything possible to provide it to you as soon as possible.
14.3. The terms of delivery for the products offered by K and K Ltd. are located at the bottom of the Platform page - Delivery.
15. WARRANTIES
15.1. The Seller offers all Goods on the Platform with a guarantee of conformity of the goods with the Contract in accordance with the applicable legislation. Exceptions are certain categories of goods that, due to their nature, cannot have a guarantee.
15.2. Regarding claims and complaints related to the purchased goods and/or service, Buyers should contact the Customer Service Department at the contact details specified in these General Terms and Conditions. Each buyer can also make their claim by filling out the standard form to facilitate the exercise of the right of withdrawal under the Consumer Protection Act and sending it by e-mail. You can copy the form from here:
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
To ……………………
/merchant's name/
…………………………………………………………………………..
/address, UIC/
I hereby give notice that I withdraw from the contract I have concluded for the purchase of the following goods/services:
…………………………………………………. /product description/
The goods were ordered on ………………….
The goods were received on …………………. /indicate the date of receipt by the consumer/
………………………………………………………………………../User name/
Town/city………………………………………………………………………. /User's address/
………………. …………………………….
/Date/ /User's signature
16. TRANSFER OF OWNERSHIP
Ownership of the Goods will be transferred from the Seller upon delivery to the Buyer after payment has been made by the Buyer. Delivery of the Goods will be evidenced by the Buyer's signature on the transport document provided by the courier.
17. LIABILITY
The Seller is not liable for any damages suffered by the Buyer as a result of force majeure circumstances or those beyond the Seller's control.
18. PROCESSING OF PERSONAL DATA
Please review the Privacy Policy, which is part of this Document and can be viewed here.
19. USE OF COOKIES
Please review the cookie policy, which is part of this Document and can be viewed here.
20. FORCE MAJEURE CIRCUMSTANCES
20.1. Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event, beyond the control of the parties, which cannot be avoided.
20.2. If it does not stop within 14 (fourteen) days from the date of the relevant event, each party has the right to notify the other party that it is terminating the Contract without owing the other any compensation for any damages possibly suffered.
21. APPLICABLE LAW - JURISDICTION
This contract is subject to Bulgarian law. Any disputes arising between K and K OOD and Clients will be resolved by mutual agreement or, if this is impossible, the disputes will be resolved before the relevant competent authorities in accordance with the laws of the Republic of Bulgaria.
Link to online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
