Terms and Conditions for use of online store „BlackStarBulgaria.com“
The current terms and conditions are executing the relations between online store, owned from the MERCHANT and the persons that use the Website and the online store located at www.BlackStarBulgaria.com
1. GENERAL CONDITIONS
The current terms and conditions are aiming to regulate the relations between the MERCHANT, in his quality of operator of online store accessible through the Website www.PartyDrinks.bg and the CUSTOMERS (visitors and consumers) of the ONLINE STORE.
DEFINITIONS:
“TERMS AND CONDITIONS” represent the current text (document) which regulates the relations between the Customers and the Merchant according to the Law for Obligations and Contracts of the Republic of Bulgaria and which TERMS AND CONDITIONS (also every part of it) is an exclusive intellectual property of PartyDrinks Bulgaria LTD according to the Copyright Law and Certain Related Rights (CLCRRO) of the Republic of Bulgaria. By entering the E-Shop the Customer unconditionally and completely agrees with the meaning of the content of the Terms and Conditions no matter of how the Customer has accessed the Website and also in the cases he/she uses any segment part of the Website. By the acceptance of the current Terms and Conditions the Customer agrees the confirmation of the contract concluded remotely with the Merchant to be done via the provided by the Customer email address, via phone call or via SMS.
„INTERNET“ represents two or more computer networks connected between them through routers and/or switches, which ensure the data transfer between different electronic networks on the basis of TCP/IP protocol.
„WEBSITE“ means the entire information which is accessible via Internet at address www.BlackStarBulgaria.com and contents texts and visualization, which represent intellectual property of the MERCHANT according to the Copyright Law and Certain Related Rights (CLCRRO) of the Republic of Bulgaria.
“E-SHOP”/“INTERNET SHOP”/“ONLINE SHOP” is Website positioned at internet address www.BlackStarBulgaria.com which represents virtual platform for sale-trade of goods and/or services and has the aim to serve for reaching of agreement between the MERCHANT and the CUSTOMER so to help them to conclude a sales transaction between them related towards the offered goods (articles) and/or services on the Website.
“MERCHANT” is the Website www.BlackStarBulgaria.com, which is a property of Black Star LTD and it is designed for sale trade of products (goods and services) via Internet. By the meaning of the current Terms and Conditions “MERCHANT” is a legal entity which the customer concludes a contract for sale trade of concrete good or service from a distance with by the meaning of the Law for Obligations and Contracts (LOC) of Republic of Bulgaria.
“CUSTOMER” is an acting person, who is a visitor of the Website and who has agreed with the current Terms and Conditions regarding the act of buying of the offered goods and/or services on the E-Shop.
“CONTRACT” is a free bilateral agreement between the Merchant and the Customer, by which is concluded the deal of sale trade regarding goods and/or services presented on the E-Shop. The contract is confirmed as concluded in the moment in which the Merchant has confirmed the Order made by the Customer.
“PARTIES” in the contract involve both the Merchant and the Customer as participants in the Contract.
Black Star LTD is а commercial entity registered according to the Commercial Law of Republic of Bulgaria with Unique Identity Number: 203810698 and address of registration Sofia, Bulgaria, which entity manages the Terms and Conditions at the E-shop that sells products and/or services positioned on it.
Black Star LTD has the unilaterally right to change the content of the E-Shop and also the current Terms and Conditions.
“ORDER” means the confirmed by the Customer availability to purchase goods and/or services, which has to be delivered by the Merchant and this availability is delivered in an electronic manner towards the E-Shop with the purpose the sale-trade of goods and/or services. The Merchant sends confirmation of the Order towards a preliminary appointed by the Customer email address or by phone. The confirmation by the side of the Merchant and its approval from behalf of the Customer is done by email or by phone with the purpose the Order and its components to be confirmed between the Parties.
“COURIER” is a person who is an individual or an entity, which delivers the goods, bought by the Customer towards the identified by the Customer address and accomplishes activity according to the Law of Postal Services of Republic of Bulgaria.
“TIME” is calculated according to the official time zone of Republic of Bulgaria is applicable and more precisely the Eastern European Time, shortened as EER, and also written as GMT+2.
“WORKING DAY” is every day in which the Bulgarian National Bank accomplishes activity.
“NON-WORKING DAY” is every day which is announced as official holiday of Republic of Bulgaria and also every Sunday or Saturday, unless it is not declared as a “Working Day”
CASH ON DELIVERY is defined as a manner of payment, which is conducted upon the delivery of the goods and/or services by the meaning of the Law of Postal Services of Republic of Bulgaria
2. CONDITIONS FOR USE OF THE E-SHOP
2.1. The connectivity of the Customers with the E-Shop www.BlackStarBulgaria.com is done via Internet and the access to it is free of charge.
2.2. During the process the Customer to accomplish a purchase from the E-Shop www.BlackStarBulgaria.com is necessary the Customer to register himself/herself with a user name, email and to generate a password for access to the Website and also to present phone number and address for delivery of goods and/or services. The registration is free and it is completed after the filling of a registration form from behalf of the Customer. After the Customer has registered himself/herself he/she has the opportunity to use all the services of the E-shop.
2.3. On the E-Shop www.BlackStarBulgaria.com every good and service are with identified price and every item contains the main characteristics of the product or the service together with additional information that has the purpose to help the Customer to make his/her informed choice for purchase.
2.4. There is a button “Add to Cart” in the description of every product and its pressing adds the chosen product in a virtual list with purchases of the Customer. The content of the cart is saved till the moment the Customer decides to continue with the purchase of products. By pressing the button “Buy” the Customer may continue to observe the content of the virtual product list, to add new products or to remove those which he/she does not want. After pressing the button “Forward” the Customer data is shown at the monitor with the information for delivery and additional review of the chosen goods and services. The Order is activated after press of the second button “Forward”.
3. ORDER OF GOODS AND SERVICES
3.1. For the proper Order of goods and/or services from the e-Shop the Customer is necessary to present exact data about:
3.1.1. Valid email address;
3.1.2. Full and exact address needed for the delivery of goods and services;
3.1.3. Correct contact data that tare consisted by first and third name and a phone number for contact with the Customer;
3.1.4. In case the Customer operates as a legal entity he/she should appoint name, form of registration, person in charge and ID of the entity so the Merchant to be able to issue an invoice with correct data.
3.2. The Order is considered as proclaimed towards the E-Shop by pressing the button “I confirm my Purchase” which is below the delivery data of the Order, which is shown after at least one product has been ordered by the Customer and he/she has pressed the “Add to Cart” button.
3.3. After a successful Order the Customer receives confirmation via email to the appointed by him/her email address, via phone call or SMS to the appointed by him/her mobile phone number. The confirmation includes information about the type and the quantity of the ordered goods and services, the number of the Order, the date and the hour in which it has been generated, and also the time frame in which it will be delivered. The confirmation with a phone conversation is made if additional information or clarification is needed or by the judgement of the Merchant.
3.4. If an ordered good or (concrete item) is not available or if a service cannot be delivered, the Merchant and in case the Customer agrees the Order to be replaced for other good or service (similar item) then the Order is being annulled.
3.5. The Orders on the E-Shop www.BlackStarBulgaria.com are accepted all around the clock and their fulfilment is according to the defined and accepted with the Order time frames.
3.6. Working time of the consultants at E-Shop www.BlackStarBulgaria.com е:
From Monday to Sunday from 08:30 am till 08:30 pm., 20:30 hours.
Non-working day: Sunday.
3.7. Orders that are received with non-completed data, with missing data or with non-exact Customer details (information about the person that purchases goods and/or services) and more precisely First name, Family name, email address, mobile phone number, and address for delivery is being suspended till the moment the missing information is communicated with the customer. Orders with such misleading or missing data are annulled after 48 hours from the moment they are generated, unless the Merchant hasn’t received the full end correct data from the Customer in the process of proper execution of the Order. Such Orders receive status “NON-VALID” because of the objective impossibility they to be delivered.
3.8. The Customer may also to deny an already generated Order without having to mention the reasons for his/her deny and in this case he/she owes only the administrative and transport costs for the delivery which are charged to the Customer account.
4. DELIVERY OF ORDERED GOODS AND/OR SERVICES
4.1. After the Customer generates a Order he/she receives notification about the successfully accepted Order via email, SMS and/or phone call from behalf of the Merchant.
4.2. The Merchant delivers only the successfully accepted Orders.
4.3. The delivery of ordered goods is executed in the time frames according to the confirmed by the Customer Order and it is delivered only during the working hours of the Couriers according to p.4.4 and it is not executed in days which are happening to be Sunday or official holidays of Republic of Bulgaria. The different types of delivery are as follows:
4.3.1. Standard delivery – it is being executed in a term up to 4 working days from the moment of confirmation of the Order from behalf of the Merchant and it is being charged at the basic price for delivery.
4.3.2. Fast delivery - it is being executed in a term up to 2 working days after the day of confirmation of the Order from behalf of the Merchant and it is being charged with an additional fee according to a tariff published by the Merchant and confirmed by the Customer in the process of the generation of the Order.
4.3.3. Express delivery - it is being executed as follow:
4.3.3.1. Express delivery for the city of Sofia is executed in the time frame between 10:00 till 20:00 at the same day of the Order confirmation in the cases it is being confirmed by the Merchant before 15:00 and if the Order is confirmed after 15:00 it is being executed until 15:00 during the following working day of the Couriers according to p.4.4 and it is being charged with an additional fee according to a tariff published by the Merchant and confirmed by the Customer in the process of the generation of the Order.
4.3.3.2. Express delivery for the rest of the country is executed during the first working day following the day of confirmation of the Order and it is being charged with an additional fee according to a tariff published by the Merchant and confirmed by the Customer in the process of the generation of the Order.
4.3.4. Delivery in a preliminary appointed time frame by the customer - it is being executed in a preliminary appointed 2 hour time frame during the working hours of the Couriers according to p.4.4 and it is and it is being charged with an additional fee according to a tariff published by the Merchant and confirmed by the Customer in the process of the generation of the Order.
4.3. The working hours for the Couriers for delivery of drinks at E-Shop www.BlackStarBulgaria.com are:
From Monday till Friday: from 10:00 till 20:00 hours.
Saturday: from 10:00 till 14:00
Non-working time for the couriers: Sunday and every national holiday of Republic of Bulgaria.
4.4. The delivery is transported till preliminary confirmed and appointed by the Customer address (residential or an office one) or to an office of a Courier company in the specific town.
4.5. The prices for delivery of goods and/or services are described immediately after finalizing the Order in dependence of the time frame for delivery and the payment method.
4.6. Every Order is preliminary insured by the Merchant and the insurance expenses are paid from the Merchant.
4.7. If the Customer does not accept the Order at the stated by him/her address and in the stated time frame and in this hypothesis the Customer has not taken precautions which would let him to receive the Order in the preliminary agreed with the Merchant terms (time-frame and location), the Merchant is free from the obligation to fulfill the Order and in this case the price of the goods, the price of the services, the price of the delivery and also the administrative and transport costs are owed by the customer.
4.8. The delivery of Alcohol drinks is executed only towards a Customer if he/she is above 18 years old, which he/she proves by identity document (ID) in the moment of execution of the delivery from behalf of the Courier. If the individual that accepts the delivery cannot prove it is above 18 years old, the Merchant does not execute the delivery of the goods and he is free from the obligation to execute the Order and in this case the price of the goods and all the remaining offered services are charged to the customer.
4.9. In the acceptance process the Customers or a third party accepts the goods and/or the services, signs their accompanying documents and the Order is considered as fulfilled. A third party may be any individual who is not the Customer himself/herself, but accepts the goods and/or the services and is at the appointed by the Customer address in the confirmed to the Customer time frame.
5. PRICES
5.3. All prices at www.BlackStarBulgaria.com are in Bulgarian LEV and include VAT.
5.4. All prices at www.BlackStarBulgaria.com concern specific item with the specified quantity (single item, pack or a box) and in every item is described the quantity from the goods, which is offered for the concrete price and also the single price per item is presented too.
5.5. The prices presented at www.BlackStarBulgaria.com does not include the administrative fees for packing and transporation towards the Customer’s address, and in the moment of finalization of the Order the Customer confirms towards the Merchant the administrative and transport fees which he/she would like to pay, in dependence from the set of additional services he/she would like to use.
5.6. In case the goods are sent outside the territory of the city of Sofia, the Customer has to pay additional transportation fee related to the transportation of the goods to the appointed by the Customer address, which may include price per kilogram, but also price per kilometer and also every other preliminary declared by the Merchant and confirmed by the Customer price.
5.7. All additional prices which are confirmed by the Customer, no matter the confirmation has been made during the process of ordering or during the process of electronic payment are due from the Customer towards the Merchant.
5.8. Prices which are not declared by the Merchant and are not preliminary confirmed by the Customer with the electronic Order or during the process of electronic payment are not due.
6. PAYMENT
6.1. The payment of the Order may be accomplished in five different methods, depending on the desire of the Customer as follow:
- “With a credit/debit card” at the moment of ordering;
- “With an account in the system of Epay (Epay.bg)”;
- “In cash at a cash desk of “EasyPay”;
- By “Cash on Delivery”, which means payment in cash at the delivery;
- “Via bank transfer” to the bank account of the Merchant.
6.2. The final amount of the payment varies according to the chosen by the Customer method of payment and it also depends on the used additional services, Ordered by the Customer and in all cases the final amount for payment is preliminary approved and confirmed by the Customer.
6.3. The price of every good and/or service ordered by the Customer is preliminary announced on the E-Shop and the Merchant keeps the right to make changes in the pricing policy of the Website, which changes cannot affect goods and/or services which are already ordered by the Customer and confirmed by the Merchant.
7. VOUCHERS FOR DISCOUNT AND VOUCHERS FOR PRESENT (electronic and paper versions)
7.1. The electronic discount voucher and/or the vouchers for present (electronically or on paper) is unique code which contain a set of symbols which help the Customer to charge an account. The electronic vouchers are sent to the Customer to the registered by him email or to another confirmed by the Customer email and if the voucher is on paper it is sent to the Customer by mail or via courier to an appointed by the Customer address.
7.2. Before the setup of the code and sent from the Merchant to the Customer via email or by post/via courier, the voucher has to be paid from the Customer according to the manners for payment defined in p.6 with the exception of “Cash on Delivery”
7.3. The voucher may be also provided to the Customer without any compensation due under the form of promotion by the Merchant and un this case it is free for the Customer.
7.4. The voucher may be used also from a Customer different from the Customer who has bought it.
7.5. The Activation of the voucher is when the code from it is inserted by the Customer in the Order before its confirmation.
8. CANCELLATION OF THE CONTRACT. COMPLAINTS
8.1. The Customer has the right of complaint or return of the purchased goods from the E-Shop in a period of 15 days after the receiving of the goods. This right does not concerns services, which are bought from the E-Shop
8.2. The cancellation of the Contract may be done and also in front of the Courier in the moment of the delivery of the goods only in case the goods are delivered after the preliminary set time frame and this delay is not caused by the Customer or a reason for this is an act of god or a force-major factor.
8.3. At the cancellation from the Contract the Customer is obliged to return the bought goods in a non-damaged commercial look, the goods have not to be opened or unpacked and they have to have the remaining whole and non-damaged labels and banderol (when this is applicable).
8.4. In case of cancellation of the Contract and in case the Customer has already paid for the goods, the prepaid amount of the payment is refund to an appointed by the Customer bank account at his/her name in the term of 15 days after the return of the goods. No refund is provided back to the customer unless he returns back the goods in a non-damaged and has good commercial look. If the goods are not returned in the term according to p.8.1. the cancelation of the Contract does not take any effect. The sums paid from behalf of the Customer for services provided from the Merchant are not refundable.
8.5. The right to cancel the Contract in the cases it is already paid is not applicable for food and/or drinks from any kind and also for any services provided from behalf of the Merchant.
8.6. The cancelation may be done only when the bought good is not according to the agreement between the parties according to the Contract and the difference between the Contract and the delivery is one of the following:
8.8.1. The Customer notices manufacturing defects of the goods at the moment of the delivery;
8.8.2. At the moment of the delivery the Customer determines defects of the packing of the goods, which have caused a defect or a harm of the content of the goods;
8.8.3. The Customer determines lacks in the amount of the ordered goods at the moment of the delivery;
8.8.4. The Customer determines that he/she has received wrong goods, different than the ordered in the Contract;
8.8.5. At the moment of the delivery the Customer determines damages of the goods caused from the process of transportation;
8.8. Complaints from the goods may be claimed to the Merchant at the email info@PartyDrinks.bg and simultaneously the customer has to return the goods in the appointed 15-day period according to p.8.1. in the original and un-opened package.
8.9. In case of a complaint the Customer may change a specific item for the same one without any defects or an item similar to the ordered one or to claim a complaint versus refund of the already paid sum regarding delivered good(s). A representative of the E-Shop may offer a change of the item for another one at an equal price or at a price that surpasses the price of the already ordered item and if the price surpasses the price of the Order, the Customer pays the difference and if the price of the replaced item is lower than the price of the ordered one, the Merchant refunds the difference between the price of the ordered and the replaced item.
8.10. If a complaint is necessary except in the cases of a manufacturing defect or due to a transportation damage, the replacement of the items is accomplished under the following conditions:
- The items that are under replacement are with a perfect commercial look (the package is entire, the cap of the bottle is sealed, the banderol is not removed, the pack is not scratched and nothing from it is consumed).
- The goods are with original package, banderol and label.
- The Client pays for the transport fees regarding fulfillment of the complaint.
8.11. All damages, hits, breakages and other physical defects on the goods is necessary to be reported to the Merchant in the moment of the acceptance of the goods from the Customer and in case this is not done in the moment of receiving of the delivery, a complaint under such circumstances cannot be pledged.
8.12. The return of goods, no matter whether it is at a cancelation from the contract or at complaint is accomplished at the address marked at the stock-receipt, which the Customer that has received the Order should present at the exchange.
8.13. In cases of replacement of goods all dual-directional administrative and transport expenses are charged to the Customer, except in the cases in which the replacement should be done by a fault of the E-Shop. In case the Customer would like to replace or return an item, this may be accomplished only after a clear notification towards the Merchant.
8.14. A cancelation of the contract, a complaint, return or replacement of goods of goods is not possible, unless in cases the goods are not presented to the Customer due to fault of the Merchant.
8.15. In case of replacement of goods the Customer should contact the Merchant at a phone number +359889296966 for further clarification of the details that are involved in the process of return or cancelation of the goods.
8.16. The sums for services ordered via the Website owned from Merchant are not refundable.
9. COPIRIGHT
9.8. The entire information which is published on the Website www.BlackStarBulgaria.com and includes the structure of the Website, graphic images, pictures, descriptions of products and descriptions of services, but also the text from the current Terms and Conditions is an intellectual property of INTERACTIV TACTICS LTD.
9.9. It is forbidden any coping of texts or images from the Website www.BlackStarBulgaria.com and their placement into other Websites, online stores, e-shops and other advertising materials from any kind, without the written agreement from behalf of INTERACTIV TACTICS LTD. or without a citation of the source of this information, which is possible only with the placement of the following text: “Source of the information: E-shop for delivery of drinks at a wholesale pricewww.BlackStarBulgaria.com”.
9.10. The E-Shop provides the right the owners of other Websites and also individuals to publish connections to parts of www.BlackStarBulgaria.com with a non-commercial purpose.
10. LIABILITY
10.1. The entire liability for eventual lacks or drawbacks of the goods and regarding the process of fulfilment of the Contract, which includes refund of already paid sums belongs to the Merchant
10.2. Black Star LTD does not take any responsibility in front of third parties in case of such party breaks claims that the published information on the Website breaches any other’s copyright or other rights of intellectual property, unless this party does not present proofs for ownership according to the Copyright Law and Certain Related Rights (CLCRRO) of the Republic of Bulgaria.
10.3. The Merchant does not hold responsibility in the cases of change in the package, the label or the bottle from behalf of the manufacturer due to the changed marketing vision of a product (this is not concerning the contain of the product).
10.4. The Merchant does not hold responsibility for eventual mismatch between package of the product and illustrated image shown in the Website of the Merchant.
11. INFORMATION, NOTIFICATIONSM INFORMATION AND FEEDBACK
11.1. When a Customer has registered on the E-Shop and creates a customer profile on the internet page www.BlackStarBulgaria.com, he/she accepts the Terms and Conditions of the Merchant and gives his/her approval to receive informational notices from behalf of the Merchant, to order goods and/or services and also to confirm or change his/her data.
11.2. The Customer may refuse the receiving of notices from behalf of the Merchant at any time by one of the following ways:
11.2.1. By the button “unsubscribe” in the customer profile at www.BlackStarBulgaria.com
11.2.2. By sending an email to the Merchant at address BlackStarBulgaria@gmail.com with a Order not to receive further notifications.
11.4. The Merchant keeps the right of choice regarding who to be informed f goods and/or services on the Website and by own decision to remove from the database a Customer, who has agreed to receive notifications and/or brochures and also.
11.5. Every Customer has the right of feedback and may ask questions to the Merchant and also to give opinion about the ordered by him/her goods and services.
11.6. The communication with the Merchant is via email at BlackStarBulgaria@gmail.com and also at a phone number +359889296966.
11.7. Black Star LTD is an administrator of the entire information uploaded on the Website, but also on the company profiles on the social networks including the sections for opinions and discussions and in the process of fulfillment of this function the Merchant has the right to remove obscene and offensive qualifications which breach the morale and the good tone.
The current Terms and Conditions are accepted from the CEO OF Black Star LTD on August, 29, 2019.
11.8. In order to make a purchase in the store, as well as a delivery, the buyer must be 18 years old.