General terms and conditions for using the website www.fertitron.com
These General Terms and Conditions for Using the Website managed by “Feritron Bulgaria“ EOOD, referred to hereinafter as the „General Terms and Conditions”, shall govern the relations with users, the access to the Website, its functioning, as well as any other activities and services, provided through the Website.
These General Terms and Conditions and the Terms of Delivery, forming an integral part of these General Terms and Conditions shall govern the rights and obligations of the Users of the Website, managed by “Feritron Bulgaria“ EOOD, registered with the Business Register at the Registry Agency UIC 13104011, with seat and registered office at 11, Hadzhi Dimitar St, fl. 1, ap. 3, Sredets District, Sofia.
The parties under these General Terms and Conditions are “Feritron Bulgaria“ EOOD as the one party and any User, who has loaded/opened the Website, managed by “Feritron Bulgaria“ EOOD, as the other party.
The User confirms that he/she is aware of these General Terms and Conditions for Using the Website, as well as each active action and/or any inaction on his/her part, after the Website is loaded/opened in a browser, shall constitute an electronic statement of will, that he/she these fully accepts these General Terms and Conditions for Using the Website and the Terms of Delivery - integral part of these General Terms and Conditions.
The User confirms that he/she is fully aware of the meaning and agrees to the definitions of the terms, mentioned below. The terms and notions, used in the General Terms and Conditions below, shall have the following meaning:
1. “Feritron Bulgaria“ EOOD, registered with the Business Register at the Registry Agency UIC 13104011, with seat and registered office at 11, Hadzhi Dimitar St, fl. 1, ap. 3, Sredets District, Sofia - the company that manages the Website www.fertitron.com, referred to hereinafter as Feritron Bulgaria and/or we/us.
2. Website is a specific place on the global Internet network, accessible through its unified address (URL) based on a HTTP or HTTPS protocol and containing files, programmes, text, sound, picture, images, electronic links or other materials and resources, an aggregate of web pages with a common home web page, which is loaded in a browser when the following electronic address is entered: www.fertitron.com. Unless otherwise specified, Website, including its entire content, such as design, text, graphics, logo, images, audio clips and other materials, related thereto, is protected by copyright and other applicable laws regarding the intellectual and industrial property and is the property of Feritron Bulgaria.
3. Web page within the meaning of these General Terms and Conditions means a separate and constituent part of the Website.
4. Browser is a computer software application, enabling the transfer, processing and visualization of data, by means of various types of data transfer protocols.
5. Interface is a combination of graphic objects, associated with software code, used by the User to communicate with the Website in an accessible and user-friendly manner.
6. Electronic reference is the link, specified in a certain web page, which enables the automatic reference, through standardized protocols to another web page, information resource or object.
7. User (of the Website)– each and every physical person or legal entity, who has entered the electronic address or reached the web page or the website by reference from another website and who, in case of interest, would review goods and/or services, offered on the Website.
8. Order- inquiry by the User for purchasing goods or using services, published on the Website or a proposal of the “offer“ type.
9. Malicious actions are any actions or inactions, violating Internet ethics or causing harm or damage to any persons, connected to the Internet and/or associated networks, sending unsolicited email messages (SPAM), obtaining access to resources, using someone else’s names and passwords, using any defects or shortcomings of the systems, for personal benefit or for obtaining information (HACK), performing actions, which may be qualified as industrial espionage or sabotage, damaging or destroying of systems or information arrays (CRACK), sending "Trojans" or causing the installation of viruses, obstructing the normal work and operation of the other Internet Users and/or associated networks, performing any actions whatsoever, which may be qualified as a crime or administrative violation, according to the Bulgarian legislation or other applicable law.
10. "Server" means a device or system of connected devices, where system software has been installed for the performance of tasks, related to the storage, processing, receiving or transmission of information.
11. “Blog” is a Website, with content that is regularly supplemented with comments, description of events, files and other information materials, presented chronologically.
12. “Accidental event” is an event, unexpected and unforeseeable at the moment of signing the Contract, of extraordinary nature, which renders Contract’s performance objectively impossible.
13. “Commercial messages” are advertising or other messages, directly or indirectly presenting the goods, services or reputation of a person, performing commercial or craftsman’s activities or exercising regulated professions.
2. General provisions
2.1. The subject matter of these General Terms and Conditions is the access to and use of the Website. By using the Website, the Users agree and accept these General Terms and Conditions, also undertaking to observe them. If the User does not agree to and does not accept the General Terms and Conditions or violates them, his/her access to the Website may be limited or discontinued.
2.2. Feritron Bulgaria reserves its right to amend and/or supplement these General Terms and Conditions at any time, without expressly notifying the Users. The Users shall be considered notified of any changes to the General Terms and Conditions, as of the date of their publication on the Website as any subsequent use of the Website shall be considered a statement of consent by the Users to the respective changes.
2.3. We provide you with limited rights of access to and use of our Website for your personal use. You may not: (i) reproduce, disseminate, copy, sell, broadcast, transfer, distribute or exploit in any other way our Website, including its entire content, for any purposes whatsoever, without our prior written consent; (ii) to collect and make any lists of products, descriptions and rates; (iii) to imitate our Website or its content; (iv) to download or copy any information to the benefit or for the purposes of commercial activities; and/or (v) to use data extraction tools, robots or similar data extraction or collection tools.
You may print a reasonable number of copies and download excerpts of any page(s) on our Website. You may not modify any paper or digital copies, which you have printed or downloaded, in any manner whatsoever, and may not use any illustrations, photographs, video and audio clips or any graphics, separate from the text that accompanies them.
2.4. You may not use our Website in an inappropriate manner, intentionally uploading viruses or other materials, which are malicious or technologically harmful, or try to obtain unauthorized access to our Website or attack our Website by means of attacks for system breakdown (DDoS). Any breach to this provision may constitute a criminal offence and we may refer any such actions on your part to the respective competent authorities, as this shall not prejudice any other legal remedies we may be entitled to, which we may use to recover any thus inflicted damages.
2.5. The access to or the use of our Website (or information, materials, products and/or services on our Website) may be prohibited by law in some countries or jurisdictions. You are responsible for your compliance with all applicable laws and provisions in the country, from which you access our Website. We give no guarantees whatsoever, that our Website (or information, materials, products and/or services on our Website) is appropriate or available for use at locations, outside the European Union.
2.6. Our website may contain links to websites, managed by third parties (“Third-party websites”). These links are merely intended for providing additional information. The inclusion on our Website of a certain link to a Third-party website does not mean that we check, approve, acknowledge, confirm or assume responsibility for such Third-party website, its content or use, or the use of products or services, provided thereby. We are not obliged to filter or monitor and have not verified or monitored any Third-party websites for accuracy, completeness or conformity with the provisions of the applicable law. We are not responsible for any damages or losses, arising from or as a result of Your use or trust in any such Third-party websites, as you use any Third-party websites at your sole risk. All the General Terms and Conditions and policies of the Third-party websites, which you may visit, shall apply to you, while you are on such websites and we strongly recommend that you review and familiarize yourself with such General Terms and Conditions.
3. Services, provided on the website
3.1. Feritron Bulgaria provides the Users of the website with the following on-line services:
3.1.1. provision of information on the goods and services, offered by Feritron Bulgaria through the Website;
3.1.2. subscription by sending email messages for news, newsletters etc. with respect to the goods and services, offered by Feritron Bulgaria through the Website;
3.1.3. sending inquiries, regarding the goods and services offered on the Website by means of an e-mail through the „Contacts“ page;
3.1.4. searching for goods and services, reviewing information, published on the Website;
3.2. For using the services, specified above in item 3.1, the Users of the Website shall not pay any additional fee or other additional remuneration to Feritron Bulgaria.
3.3. The use of the services on the Website, specified in para. 3.1 above is not and should not be considered sale and/or an offer for the sale of a product or service, by the Users to Feritron Bulgaria. The acceptance of the proposals and/or orders for the purchase of goods and/or services, shall be carried out by Feritron Bulgaria and the User in the manner, provided for by the law, and entirely outside the Website.
3.4. Feritron Bulgaria makes constant efforts to ensure continuous access for the Users to the Website and to the services, specified in paragraph 3.1. above, provided thereon. However, Feritron Bulgaria is entitled to terminate, limit and prohibit the access to the Website of individual Users at any moment and without express notifications.
3.5. Feritron Bulgaria may amend, limit or remove any information, published on the Website, which violates the legislation of Republic of Bulgaria and/or these General Terms and Conditions, at any time without any express notice to that effect.
3.6. The access to the Website may be temporarily limited at any time for maintenance and/or due to technical failures, without the need of any notice to the Users.
3.7. We assume no obligation whatsoever to update the information, published on the Website, unless this is required by the applicable law. We reserve our right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Website and/or the information, materials, products and/or services, accessible through it.
4. Rules on the use of the website
4.1. The Website may be used by Users without the need of creating a Profile, which enable the Users to use the services, specified in item 3.1. above. The User does not have to be registered on the website, or provide any personal data, required for the signing, execution and performance of a contract.
4.2. Depending on which of the services, pursuant to item 3.1. he/she wishes to use, the User may state that he/she wants to receive email notifications, regarding news, newsletters, information, published on the Website etc.
5. Rights and obligations of the users
5.1. The User may use the services, pursuant to item 3.1. of these General Terms and Conditions.
5.2. The User must strictly observe these General Terms and Conditions and the legislation of the Republic of Bulgaria when using the Website and the services, pursuant to item 3.1. of these General Terms and Conditions.
5.3. When creating an Order- inquiry, the User must enter the minimum information required, and may not publish any misleading or false information.
5.4. The User agrees to make the order- inquiry in Bulgarian or English language.
5.5. the User agrees to make the order- inquiry on the Website, including only information and images, for which he/she owns all necessary copyrights, trademarks, distribution and publishing rights. Feritron Bulgaria shall not be responsible to the Users and any third parties, for damages, arising from the unlawful use of information, images, copyrights, trademarks, distribution and publishing rights by the Users.
6. Prohibition of the use and provision of illegal content
6.1. The use and provision on the Website of any illegal content and information, is strictly prohibited. Such illegal content and information may include, but is not limited to:
• the use of the Website and the information, published thereon, in a manner, which is in conflict with their respective purpose, with these General Terms and Conditions and/or the legislation of the Republic of Bulgaria;
• the use, provision and publishing on the Website of information and/or images, which violate the legal and moral rules and standards, depicting or distributing violence, hatred, racism, cultural or ethnic discrimination of any type whatsoever, violation of personal rights or offending the dignity of any third parties;
• publishing and sending unsolicited commercial or personal messages to the Users of the Website, which violate Users’ rights, as well as the conducting of any advertising or commercial activities, in breach of the good commercial practices established;
• breaching the privacy of the Users of the Website, as well as their rights in any manner whatsoever, including, but not limited to the collection, possession and distribution of information and personal data of other Users or publishing their photographs without their express consent, with the exception of the cases, if these actions are compatible with the legal provisions;
• the undertaking of any actions, which may obstruct the functioning of the Website, may change, damage, limit or block the access to it and/or to User data, which may violate or limit Feritron Bulgaria’s rights to the Website, as well as any third-party rights.
6.2. It is strictly prohibited to use, provide and publish on the Website, when making Orders, any information, which offer, advertise or make announcement for goods and/or services in violation of the legislation of the Republic of Bulgaria or any rights of third parties, as well as the good moral, including, but not limited to any information regarding:
• goods or services, in conflict with the moral rules and standards, with offensive textual or graphic content;
• goods or services, encouraging any discrimination behaviour and hatred;
• goods or services, violating the copyrights, registered trademarks and intellectual property and harming the material and non-material rights of third parties;
• goods or services, described in a manner, which may mislead the Users, as to the brand, manufacturer, quantity, quality, ingredients, method of production, usefulness, applicability, repair, maintenance and other significant characteristics;
• any stolen goods, goods of unproven origin, unlawfully acquired or containing unlawfully acquired, false or misleading information and information, facilitating or encouraging illegal actions;
• goods or services with pornographic, paedophile, homosexual, bisexual content, in particular materials, openly depicting sexual behaviour between individuals, masturbation, sexual sadism or masochism, display of genitals, related to the use of violence or with the participation of animals, including films, photographs, magazines and any other media;
• tobacco products;
• spirits, wine and beer, with the exception of the cases of indirect advertisements, within the meaning of the Health Act, i.e.: use of the name or brand of the alcoholic beverage, as well as the company name or brand of the manufacturer of alcoholic beverages on products and goods, which are not alcoholic beverages; not intended for persons below the age of 18; no persons below the age of 18 participate in the advertisement; the advertisement does not bind the use of alcoholic beverages with sports and physical achievements or with the driving of vehicles; the advertisement does not contain false claims, regarding health benefits, social or sexual wellbeing or success or representing abstention or moderateness in a negative light;
• drugs, medicinal products or pharmaceutical products;
• hazardous chemical substances, which endanger the human life, health or the environment;
• narcotics, psychotropic substances, opiates, steroids, muscle-enhancement powders and shakes, bodybuilding supplements, with effects and ingredients similar to those of the steroids, as well as any other controlled substances;
• animals, human and animal organs;
• currency, products or other related services for online gaming;
• sale of currency at reduced value or currency exchange;
• false money and postal stamps;
• identity documents (of any type), personal data, any false documents;
• registration documents and registration number plates for motor vehicles, offered without the respective motor vehicles, to which they refer;
• theses, essays and other papers and reports of similar kind, as well as services, related to the writing of such papers;
• goods or services, related to the participation in the so-called “Ponzi schemes“;
• goods, specifically designed, developed, configured, adapted or modified for military use, as well as goods, which do not possess characteristics, making it possible to use them for civil purposes;
• firearms and ammunition and devices, producing shots of gas, including pepper gas, the possession or trade of which, are limited by law;
• fishing tools and accessories, the use of which is limited by law;
• explosives and pyrotechnical materials, fire-extinguishers, radioactive materials and flammable gases and solid substances, toxic substances and any other products and materials, hazardous for human life and health or for the environment;
• skeleton-keys, picklocks and decoders;
• non-licensed software, software, containing code that is malicious for its user, software, used for breaking passwords, for penetration or tracing;
• software under “Not for sale" licenses, undergoing tests, freeware, provisionally free program products, software versions, which are not supported;
• software and services, which allow the collection of information from computer users without their knowledge;
• software, enabling the generation of email addresses from web pages or enabling mass sending of messages to Users of Internet services or instant messaging services etc., who have not declared their express consent to receive such messages;
• activation codes, CD-keys, registration number plates, offered without the original bearer, to which they refer;
• account on instant messaging platforms on the Internet (e.g. Gadu-Gadu, Tlen, Skype, Jabber, AQQ, ICQ);
• free email accounts (email addresses), personal data and email address lists;
• settings of accounts on free Internet platforms or invitations for the use of such services or for creating accounts therein;
• accounts in programmes for incentives for loyal clients and services, related to such programmes;
• systems for investments on the stock exchange and systems for numerical games and bookmaker betting, as well as services, related to assistance in the joining of such games or betting;
• airplane tickets, excursions, insurances and other tourist activities and services, requiring registration, according to the Tourism Act, unless the Users, offering such services are registered or entitled to offer such activities and services according to the law;
• adverts for online employment, as well as any type of Affiliate Marketing Programmes;
7. Protection of the intellectual property rights
7.1. The information, content and materials, published or contained on the Website, are property of Feritron Bulgaria or the Users, who have published/provided them.
7.2. Any and all intellectual property rights, including, but not limited to names, logos, images, registered trademarks, patents, software, domain, know-how and other similar rights, whether or not such rights are registered, related to the Website, are the property of Feritron Bulgaria or its partners and are used by Feritron Bulgaria with their express consent.
7.3. The use, temporary reproduction, copying or storage of information, content, materials and images, published or contained on the Website, is strictly forbidden, with the exception of the cases, when intended for personal use, without any commercial or economic purpose and in strict observation of the requirements and provisions of the legislation of the Republic of Bulgaria.
8. Responsibility of FERITRON BULGARIA
8.1. Feritron Bulgaria is not responsible for any actions of the Users during or with respect to the use of the Website.
8.2. Feritron Bulgaria is not responsible for any damages, suffered by the Users in the provision of the service, with the exception of damages, caused through culpable action or inaction of Feritron Bulgaria’s employees.
9. Provision of personal data
9.1 Feritron Bulgaria is registered as personal data administrator and as such is entitled to collect and process personal data in strict compliance with the requirements of the legislation of the Republic of Bulgaria, but the use of the Website and the provision of the services, offered pursuant to item 3.1. of these General Terms and Conditions, do not require the disclosing of Users’ personal data.
9.2 Feritron Bulgaria acts with the care of a good businessman, but is not responsible for the protection of Users’ personal data and the information provided by them, disclosed to Feritron Bulgaria with respect to the communications with the latter, since the use of the Website does not require disclosing of personal data.
9.4 By sending a request and by his/her consent to receive news, newsletters etc., the User to receive personal, advertising or commercial messages from Feritron Bulgaria in his/her user accounts on Facebook or anywhere else in the virtual space or on the е-mail he/she has specified.
10.1 If the services, specified herein, cannot be provided by Feritron Bulgaria or are not provided in accordance with these General Terms and Conditions, the User may submit an electronic complaint. The Complaint must contain a detailed description of the complaints.
10.2 If, after receiving a complaint, pursuant to item 10.1., further data or information needs to be provided, Feritron Bulgaria may contact the User before reviewing the complaint, requesting any such further data, provided that the User has specified sufficient contact details.
10.3 Feritron Bulgaria shall review the complaint, received from the User in due course, notifying the respective User of its reply, within 5 days after receiving the complaint. Feritron Bulgaria may refuse to review the complaint, as in this case it shall notify the User accordingly within the deadline, specified in the previous sentence.
10.4 if the User has complaints regarding information and an Order-inquiry, published on the Website by other Users, or regarding the actions of other Users or third parties, he/she should address his/her complaint directly to the respective User and/or third party.
11.1. For the goods and the services, which we offer through the Website, we guarantee full compliance with the description, high quality and the provision of any and all accompanying documents, required by law
11.2. You will always be entitled to the rights of user guarantee, provided in accordance with the imperative provisions of the applicable law, but as far as no order- inquiry, or the submission of an offer, are not considered to constitute a contract, Feritron Bulgaria’s responsibility shall only start to exist after the signing of a contract for the sale of goods or provision of services. If the guarantee, provided hereby, limits or precludes any rights, which you may have, in accordance with the imperative provisions of the applicable law, such imperative provisions shall prevail.
11.3. The guarantee shall not apply either in case of deviation from the description, resulting from the normal wear and tear of the goods (or parts thereof), caused by standard use. The guarantee does not apply either to defects, caused by improper use, unprofessional or inappropriate treatment or any potential damages, occurring as a result thereof.
12. Final provisions
12.1. The website and the services, offered thereon, pursuant to item 3.1. of these General Terms and Conditions, is intended for use by unlimited number of people.
12.2. Should any of the clauses of these General Terms and Conditions is or becomes invalid, inapplicable or unlawful for any reason whatsoever, such clause shall not prejudice the effect of any of the other clauses of the General Terms and Conditions.
12.3. These General Terms and Conditions shall be regulated and interpreted, based on the currently effective legislation of the Republic of Bulgaria.
12.4. Any and all disputes, arising from or related to these General Terms and Conditions, their breach, validity or interpretation, shall be settled by negotiations between the Users and Feritron Bulgaria and through mediation. If no agreement can be reached within 30 days after receiving the notice of the occurrence of the dispute, each Party shall be entitled to refer the dispute to the Arbitration Court at the Bulgarian Chamber of Commerce and Industry ("arbitration at the BCCI ") in accordance with BCCI’s arbitration rules (the "rules") by a single arbiter, appointed in accordance with the Rules. The place of arbitration shall be Sofia, Bulgaria. The arbitration is conducted take place in Bulgarian. The arbitration award shall be final and binding for the Parties.
These General Terms and Conditions for Using the Website were last updated on 01.03.2017.