GENERAL TERMS FOR USING https://filstar.com

1.    GENERAL
 
This document constitutes the general terms and conditions or the conditions for using virtual platform for sale of goods https://filstar.com and its subdomains, which establish the rules of use, including the conclusion of a sale and purchase contract with this e-shop. By placing an order to the website https://filstar.com the customer declares that he/she is familiar with these General Terms and Conditions and accepts them for binding in his/her dealings with the Seller, and undertakes to observe them.

2.    INFORMATION ABOUT THE SELLER

2.1.    K&K Ltd. is registered on address: 5 Bulgaria blvd., 4230 Assenovgrad, Bulgaria. VAT: BG825000254, accountable person: Kiril Andreev.

2.2.    K&K Ltd. administrates the e-shop FilStar in the form of K&K Ltd. and the website https://filstar.com

2.3.    K&K Ltd. can be contacted on phone number: +359 884 742 185 or by e-mail on address: mail@filstar.com

3.    DEFINITIONS

3.1. Buyer – any individual of age or legal person or other legal entity that creates an Account, places an Order and signs a distance-purchase agreement through the e-trading platform filstar.com.

3.2 Seller – K&K Ltd.

3.3. Website – the e-shop, hosted on the web address filstar.com and its sub domains.

3.4. The platform – the website of FilStar: https://filstar.com.

3.5. Customer – any individual or legal person or other legal entity using the Platform in any way, including but not limited to, viewing, making orders through it, buying, returning goods, and performing any other action through it.

3.6. Account – a section of the Platform, formed by an email address and password that allows the Customer to send a Purchase Order and which contains information about the Customer and the history of some of his/her actions in the Platform (Orders, Tax Invoices, etc.).

3.7. Order – an online document representing a communication form between K&K Ltd. and the Customer through which the Customer declares to K&K Ltd. via the Platform, his/her intention to purchase Goods and Services from the Platform.

3.8. Product (s) and Service (s) – any product or service, present on the website, including other products and services present upon delivery of the order.

3.9. Campaign – any commercial communication aimed at promoting the Platform, the FilStar brand or certain Goods and / or Services that are available in limited quantities, unless expressly stated otherwise in the commercial communication for a specified period of time specified by the Seller .

3.10. Contract – the distance contract between the Seller and the Buyer for the purchase and sale of Goods and / or Services via the Platform, an integral part of which is the present General Terms and Conditions for the use of the Platform.

3.11. Content:

- all Platform information accessible via an Internet connection and using a device connected to the Internet;

- the content of any message from the Buyer to the Seller sent by online means and / or any other available means of communication;

- any information provided to the Customer by any means by a K&K Ltd.

- the information related to the Goods and / or Services and / or the applicable tariffs by the Seller within a certain period of time;

- Information relating the Customers and related to the Goods and / or Services and / or the applicable tariffs from third parties with which the Seller has entered into some form of contractual treaties;

- Seller details.

3.12. Newsletter – a means of periodically informing about the Products and Services offered by the Seller and / or promotions sent online via e-mail.

3.13. Transaction – Action by K&K Ltd. to recover a sum paid by the Buyer as a result of the termination, refusal or non-conclusion of a contract for purchase through the Platform via a bank transfer or PayPal.

3.14. Specifications – All features and / or descriptions of the Goods and Services as outlined in their description.

4. GENERAL TERMS

4.1. The general terms and conditions of filstar.com are binding for all Platform users.

4.2. Any use of the Platform means that you (a) have become familiar with the general terms of use of the Platform and (b) have agreed to comply with them unconditionally.

4.3. The terms and conditions may be changed unilaterally by K&K Ltd. at any time by updating them. These changes take effect immediately and are binding for all Customers.

4.4. K&K Ltd. has the right to make changes to the terms of use at any time in its sole discretion or if they are imposed by virtue of an enforceable legal act.

4.5. K&K Ltd. makes great efforts to maintain the accuracy of the information presented in the Platform. However, given possible technical errors or omissions in this information, K&K Ltd. specifies that the product images are illustrative and guiding, and the delivered products may differ from the images.

4.6. The features or prices of the products described in the Platform can be changed at any time. For technical reasons, they may contain errors for which K&K Ltd. apologizes to its Customers in advance.

4.7. It is possible, because of the limited space and the consistent structure of the information, that product descriptions are sometimes incomplete. However, from K&K Ltd. we strive to provide the most relevant and important information.

4.8. All goods, including those in promotion / discount, are sold and delivered until stocks are depleted, even if not expressly marked on the Platform.

4.9. The platform may contain links to other websites. K&K Ltd. is not responsible for the privacy policy of websites it does not administrate as well as for any other information contained there.

5. CONCLUDING CONTRACT

5.1. The Customer declares his/her willingness to order and purchase a Product and / or Service through the Platform by making an Order online or by a telephone registered by either himself or by an employee of K&K Ltd..

5.2. K&K Ltd. will send a notification to the Customer that his/her Order was registered in the system, which does not have the meaning of accepting, confirming or undertaking a commitment to its execution. This K&K Ltd. notification is made online (by e-mail) or by telephone.

5.3. Therefore, the Seller has the right not to deliver any or all of the Goods or to fail to perform part or all of the Services of the Order for a variety of objective reasons, including but not limited to the depletion of their stock availability. In any case, K&K Ltd. notifies the Customer by email or telephone.

5.4. The distance-purchase contract between the Seller and the Customer is deemed to have been concluded at the time of receipt by the Customer of his / her e-mail and / or by SMS sent to his / her telephone, a notice that the Goods from the Order are ready to be dispatched or the service can be provided.

5.5. The purchase contract concluded between the Customer and the Seller consists of the present General Terms and any possible additional agreements between the Seller and the Buyer.

6. ONLINE SALES POLICY

6.1. Access to the Platform for the purpose of registering a Purchase Order is allowed to any Customer.

6.2. K&K Ltd. reserves the right, in its sole discretion, to limit the access of any Customer to the execution of an Order and / or to any of the possible payment methods if it considers that this would damage K&K Ltd. by any means. Therefore, the Customer’s sole right is to contact K&K Ltd.’s Customer Service Department to be informed of the reasons that have led to the implementation of the above mentioned measures. K&K Ltd. is not responsible for any damage that the Customer has suffered or could suffer as a result of this decision, regardless of its correctness or merit.

6.3. Communication with the Seller may be done through the means, listed on the Platform in the Contacts section.

6.4. In the event of unusually large traffic on the network, K&K Ltd. reserves the right to require Customers to manually enter the captcha code to protect the published information in the Platform.

6.5. K&K Ltd. may publish advertorial or promotional information about the Goods and / or Services and / or the promotions offered by the K&K Ltd. for a certain amount of time.

6.6. All prices of the Goods and / or Services of the Platform are final, they are in leva (BGN) for the Bulgarian version of the website and in euro (EUR) for the English version of the website and include VAT.

6.7. All images displayed on the Platform are solely intended to give some insight into the type of Goods / Service offered, rather than to represent them accurately. Therefore, some of the Platform’s Goods or Services images (static / dynamic images / multimedia presentations, etc.) may not match the appearance of the Goods in question or create a false impression of the Service offered. The seller will not be held responsible for such inconsistencies.

7. USE THE SERVICE OF SUBCONTRACTORS
 
7.1. Seller has the right to use the services of subcontractors to perform their obligations under the  purchase contract concluded through the Platform without the need to notify or obtain the Buyer’s consent to do so.

8. THE RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY

8.1. Content, as defined in the “Definitions” chapter, including but not limited to logos, any graphic images or inscriptions, trading symbols, dynamic symbols, texts and / or multimedia content of the Platform, are the exclusive property of K&K Ltd..

8.2. K&K Ltd. has and retains all intellectual property rights in any way connected with the Platform, whether it’s its own or obtained through contractual licenses or in any other law-resolved way.

8.3. Nothing in the K&K Ltd. contract concluded between K&K Ltd. and the Customer will be considered as permission by K&K Ltd. to copy, distribute, publish, make available to third parties, modify in any way any part of Content, including, but not limited to, the contents of the trademarks, logos, multimedia content of the Platform, or descriptions of the Products or Services in any way, including by introducing any content external to the Platform, the removal of the characters, meaning K&K Ltd.’s ownership of the Content. The Customer may not transfer, sell, distribute any material created by reproducing (copying), modifying or publishing the Content except with the express consent of K&K Ltd..

8.4. Any Content to which the Customer has access, regardless of the means, is subject to regulation under these terms and conditions.

8.5. The Customer may only copy, transfer, and / or use the Content for personal non-commercial purposes unless this is contrary to the provisions of this Chapter of this document.

8.6. The Customer may only use the Content for Commercial Purposes if he has received K&K Ltd.’s written consent for that and only the part of the Content, the manner and extent of use, and the time limits for which this consent is given explicitly. Any subsequent or different use of the Content will be considered a breach of this agreement between K&K Ltd. and the Customer and for infringement of K&K Ltd.’s intellectual property rights, which has the right to take charge of the Customer for that.

8.7. Simply posting to the Customer or referring to the Content or parts thereof by K&K Ltd. will not be considered as an agreement on the part of K&K Ltd. to allow the Customer to use the Content or parts thereof for purposes other than its personal needs, regardless of the means of communication used by K&K Ltd..
 
8.8. Any use of the Content for purposes other than those expressly permitted in these General Terms or any other explicit written consent given by K&K Ltd. is forbidden.

9. ORDER

9.1. The Customer may make Orders to the Platform by adding the desired Goods and / or Services to the Shopping cart by following the steps specified in the Platform to complete and send the Purchase Order.

9.2. Any Goods and / or Service added to the shopping cart can be bought if available. Adding Goods and / or Service to the Purchase Order without completing the Order does not result in the order being placed and the Goods / Service booked automatically.

9.3. By confirming the Order K&K Ltd. confirms the delivery of only one piece of the respective Goods in the registered order. The remaining quantity of each product will be further confirmed or canceled depending on the available quantities.

9.4. The Customer is responsible for ensuring that all data provided to K&K Ltd. Related to the Order are complete and accurate as of the date of dispatch of the order.

9.5. By sending the order, the Customer authorizes K&K Ltd. to contact him in any possible way when required in connection to the order or contract that has been made.

9.6. The Seller has the right to refuse to execute (cancel) the Order made by the Customer, for which he should notify the Customer. Cancellation of the order does not entail any liability or consequent liability of any party to the other party in relation to it, and respectively none of them may seek compensation from the other party for its cancellation in the following cases:
 
- the data provided by the Customer in the Platform is incomplete and / or incorrect.

9.7. Customer will bear all direct costs of returning Products sent by K&K Ltd. in case he/she withdraws from the Contract and states it within the withdrawal period granted to him/her by K&K Ltd.. This period starts from the date of conclusion of the Service Agreement and from the date of receipt of the purchased Goods by the Buyer or a third party other than the carrier. The Customer shall return the Products to K&K Ltd. at an address, pointed in the company’s Contact page and in the meantime informs the Seller about this by e-mail on: mail@filstar.com.

9.8. The Seller undertakes to refund the paid by the Customer price for the Product/s in the Contract within 14 (fourteen) days from the date on which the Customer has provided evidence that the Customer has returned the relevant Product/s. The amount will be refunded by cash on delivery or bank transfer to the Customer.

9.9. The seller is entitled to delay the refund in cases of withdrawal of a Contract until the Goods sold are received back or receipts a proof that they have been sent.

10. GOODS / SERVICES FOR WHICH THE CUSTOMER HAS NO RIGHT OF WITHDRAWAL

10.1. The Customer has no right to withdraw from the Contract in the following cases:

- sealed products that have been unpacked and cannot be returned with their initial packing state;

- in the case of delivery of goods which, having been delivered and by their nature mixed with other goods from which they can not be separated;
- every other case, determined by law.

11. CONFIDENTIALITY

11.1. The Customer agrees that by providing any personal or other data to K&K Ltd., they may be used by K&K Ltd. for the following purposes: (1) maintaining the Customer’s profile, including registering orders, sending ordered products, performing the services ordered, invoicing, resolving disputes with Customers regarding their Orders or handling their claims; (2) sending Newsletters or periodic notifications by e-mail or SMS; (3) conducting market research, tracking and monitoring sales and customer / consumer behavior.

11.2. The Customer agrees to provide K&K Ltd. unlimited volume and time access to any materials and information that he/she sends to the Seller through or in connection with the Platform, regardless of whether he/she has made a Purchase Order and made a transaction through the Platform. K&K Ltd. has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Customer expressly agrees that K&K Ltd. can freely use and process for its own purposes the ideas, concepts or knowledge that the Customer has given to him in any way through or in connection with the Platform or the actions / inactions that the Customer has made through or in connection with the Platform. K&K Ltd. is under no obligation to keep this information as confidential, in so far as this is not imputed to it by the applicable legislation.

11.3. By providing K&K Ltd. (including e-mail) data, the Customer expressly agrees to be contacted by K&K Ltd., K&K Ltd. partners and marketing service providers, government, municipal or non-governmental agencies, or companies in the field of insurance where this is provided by specific legislation and other companies with which K&K Ltd. may develop common programs for the bidding of Goods and / or Services on the market, etc.

11.4. By providing his/her personal data to K&K Ltd., the Customer expressly agrees to be included in the K&K Ltd. database referred to in paragraph 11.1.

12. ADVERTISING

12.1. The moment the Customer creates a Platform account, he / she has the opportunity to express his / her consent to receive Newsletters.

12.2. The Customer can withdraw his/her consent to receive Newsletters by contacting K&K Ltd. on e-mail address: mail@filstar.com and express his/her wish.

13. INVOICING – PAYMENT

13.1. The prices of the Goods and Services announced in the Platform are final and include VAT as well as all other taxes and fees provided by the applicable Bulgarian legislation.
 
13.2. The price and the method of payment are listed in each order.

13.3. The Customer is obliged to provide all necessary information for issuing the invoice in accordance with the applicable Bulgarian legislation.

13.4. An invoice is issued upon request by the customer.

14. DELIVERY OF GOODS

14.1. The Seller is obliged to deliver ordered and purchased Goods via a courier at an address specified by the Buyer or to an office of the courier company.

14.2. The seller will ensure the appropriate packaging of the Goods and the sending of accompanying documents. If by any chance the shipment does not contain the required by the Customer document, please contact the seller on e-mail address: mail@filstar.com.

14.3. The Delivery terms and shipping costs can be found on the bottom of the website – Shipping.

15. WARRANTIES

15.1. The Seller offers all the products on the platform with guarantee of conformity of the current legislation, except some products that cannot have warranty due to their nature.  

15.2. Regarding complaints related to the purchased goods and / or service, any buyer can make a claim by filling out the standard form to facilitate the the consumer’s right of withdrawal under the Consumer Protection Act and send it by email. The form can be copied here:

STANDARD FORM OF REFUSAL

To ………………………
/ retailer’s name /

…………………………………………………………………… ..
/ address, VAT /

I hereby inform you that I am withdrawing my purchase contract for the following goods / services: …………………………………………………. / Product description / The
goods were ordered on ………………….
Goods received on …………………. / Indicate the date of receipt by the customer /
……………………………………………………………………… ../ Customer name /
City ……………………………………………………………. / User Address /
………………. ……………………………
/ Date / / User’s signature /

16. TRANSFER OF OWNERSHIP

16.1. The ownership of the Goods will be transferred from Seller to the Buyer after the payment has been made by the Seller. The transfer will be confirmed by the Customer’s signature on the waybill, provided by the courier.

17. LIABILITY
 
17.1 The Seller shall not be liable for any damage suffered by the Buyer as a result of force majeure or any such beyond Seller’s control.

18. PERSONAL DATA PROCESSING

You can find our personal data protection policy, which is part of the current document, here.

19. COOKIE POLICY

You can find our cookie policy, which is part of the current document, here.

20. FORCE MAJEURE

20.1. Neither party will be held liable for non-performance of its contractual obligations if such default is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that can not be avoided.

20.2. If, within 14 (fourteen) days of the date of the event in question, it does not cease, either party shall have the right to notify the other party that it will terminate the Contract without owing the other compensation for any possibly endured damage.

21. APPLICABLE LAW – JURISDICTION

This contract is subject to the Bulgarian legislation. Any disputes arising between K&K Ltd. and Customers will be resolved by mutual consent or, if that is not possible, disputes will be settled before the competent Bulgarian judicial authority in accordance with the law in the Republic of Bulgaria.

Follow the link to online dispute resolution:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show