I. GENERAL PROVISIONS
Art.1. /1/ These terms and conditions are pre-established provisions that govern the basic rules and features of using the services available through the website www.vdbmetal.com
/2/ The general terms and conditions govern the contractual relationship between VDB METAL LTD., company entered in the Commercial Register of the Registry Agency with tax identification number UIC 206065238, headquarters and management address: 7000 Rousse, 100 “Tutrakan” blvd, represented by Vladislav Nikolaev Barbukov and Denitsa Nikolaeva Barbukova, hereinafter referred to as “the SUPPLIER” and the right of each of the USERS to use the services and resources available through the website www.vdbmetal.com, hereinafter referred to as “the USERS”, subject to the conditions below.
/3/ The general terms and conditions are obligatory for all USERS of the website. By accessing and loading the website, USERS agree to be bound by these Terms and Conditions and any subsequent changes thereto, and agree to abide by them.
/4/ The parties may agree in writing on terms other than the general terms and conditions. These terms are specified in a written contract and are only valid for the specific transaction. In the event of a discrepancy between what has been agreed by the parties and the general terms, what is agreed shall be effective.
II. DATA FOR THE WEBSITE HOLDER
Art.2. Information under the E-Commerce Act and the Consumer Protection Act:
1. Name of the SUPPLIER: VDB METAL LTD.
2. Headquarters and management address: 7000 Rousse, 100 “Tutrakan” blvd
3. Activity address: 7000 Rousse, 100 “Tutrakan” blvd
4. Mailing address: 7012 Rousse PO Box № 8
5. Entry in public registers: VDB METAL LTD., UIC 206065238
6. Supervising authorities:
6.1. Personal Data Protection Commission
Address: 1592 Sofia, 2 “Prof. Tsvetan Lazarov” blvd
Telephone: 02/91 53 555
6.2. Consumer Protection Commission
Address: Sofia, 4A Slaveikov square, 3rd. floor, 4 & 6
Telephone: 02/ 980 25 24
Fax: 02/ 988 42 18
Hot line: 0700 111 22
7. Registration under the Value Added Tax Act BG206065238
III. SUBJECT OF THE CONTRACT – SERVICES PROVIDED BY THE SUPPLIER TO THE USERS
Art.3 The Website www.vdbmetal.com provides the USERS with the services provisioned in these general terms and conditions /the Services/, subject to strict compliance by the USERS with the requirements specified in these general terms and conditions.
Art.4. /1/ The website www.vdbmetal.com is a platform that provides the following Services: Online trading.
/2/ Some of the Services on the website www.vdbmetal.com are provided to all USERS without requiring prior user registration. They are, but are not limited to: visiting and viewing internal pages of the website, such as about us, products, detailed product information, contacts and more; using the contact form to send inquiries; and other
/3/ The use of a part of the Services on the website www.vdbmetal.com is possible only after pre-registration, creating USER’s User Profile and entering a username and password. They are, but are not limited to: tracking order history; change of profile data; and other
IV. SCOPE. GENERAL TERMS AND CONDITIONS AGREEMENT
Чл.5./1/ These general terms and conditions represent a Service contract that is considered to be concluded and has a mandatory binding force between the USER on the website www.vdbmetal.com and the SUPPLIER.
/2/ These general terms and conditions are to be applied in the relationships with the USERS who registered on the website www.vdbmetal.com /”the registered USERS”/. These general terms and conditions apply accordingly to relationships with USERS who have not registered on the website www.vdbmetal.com /”not registered USERS”/, and their rights are restricted to the use of the services, described in Art. 4, line 2.
/3/ The content of these general terms and conditions is available online on the following internet page address https://www.vdbmetal.com/en/general-terms/ uploaded in such a way as to permit its storage and reproduction. By accessing and loading the website, USERS declare that they are familiar with these general terms, agree to them and undertake to comply with them.
Art. 6. /1/ To use the services under Art. 4, line 3, the USER is obliged to fill-in an online registration form, in which he submits his personal data, for which authenticity it guarantees, with the same being the holder and author of the online statement within the meaning of Art. 4 of ELECTRONIC DOCUMENT AND ELECTRONIC TRUST SERVICES ACT and provided that it expresses a will on behalf of another person alien to its identity, it then negotiates on behalf of another person and for another person’s account, and will be responsible for the damage / if any / as a consequence of the action without representative power.
/2/ By filling in the online registration form, the USER explicitly declares his / her agreement with these general terms and conditions, and at the moment of receiving the willstatement in the information system of the SUPPLIER the Service contract is considered concluded.
V. USER NAME AND PASSWORD. USER’S PROFILE
Art.7./1/ When registering, the USER specifies a username and password. If the username is not occupied already, the USER receives the username and password that he / she has requested. Through them, the USER gains access to his User’s profile, as well as the opportunity to use the Services under Art. 4, line 3.
/2/ The user name is a unique code of letters, numbers and signs, through which the USER identifies himself when using the Services under Art. 4, line 3. The SUPPLIER does not verify and is not responsible for the coincidence of the username with the name of the USER, whether it affects the rights of third parties and in particular the right of name or other personal rights, right of trade name / company /, trademark or other intellectual property rights.
/3/ A password is a code of letters, numbers, and characters that, together with a username, serves to access a specific USER’s profile
/4/ The USER’s profile is a separate part of the website www.vdbmetal.com, containing information about the registered USER provided during the registration process. Through his profile, the USER may use, adjust, activate or deactivate the use of various services under Art. 4, line 3.
/5/ In order to access the paid services on the web site www.vdbmetal.com, the USER must make a separate registration on the designated web site or other actions, as required by the page.
VI. CONCLUSION OF THE SERVICE CONTRACT
Art.8. /1/ The contract between the parties shall take effect from the moment of reaching an agreement, objectified in the manner specified in Art. 5, line 3.
/2/ The contract is concluded in Bulgarian language.
/3/ The Agreement shall have the following effect: for unregistered USERS – until the use of the Services under Art. 4, line 2, and for the registered USERS – for an indefinite period from the registration of the USER until the termination of the contract according to the procedure stipulated in these general terms and conditions.
/4/ Upon conclusion of the contract between the USER and the SUPPLIER, the USER makes an explicit electronic willstatement in the sense of the Law on Electronic Documents and Electronic Certification Services / ELECTRONIC DOCUMENT AND ELECTRONIC TRUST SERVICES ACT/, declaring that he is familiar with, agrees with them, and agrees to abide by the general terms and conditions of the website and is aware of the Personal data protection policy.
VII. MODIFICATION AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art.9 The general terms and conditions may be unilaterally changed by the SUPPLIER at any time by updating them.
Art.10 The SUPPLIER has the right to make changes to the general terms and conditions of use of the website www.vdbmetal.com at any time and at its own discretion or if they are imposed by virtue of a legal act that has entered into force.
Art.11. /1/ In each case of change of the terms and conditions, the SUPPLIER will inform the USERS thereof by posting the changes on the website.
/2/ Changes to these terms and conditions apply to all USERS from the time they are posted on the website. In this sense, each USER is obliged to make a reference to any changes to the general terms and conditions of the website at each use.
VIII. USER’S RIGHTS AND OBLIGATIONS
Art.12. /1/ The USER himself provides the necessary equipment for the use of the Services provided by the SUPPLIER /terminal devices for access to the Internet and related software applications/ and access to the Internet.
/2/ The USER has the right to access the Services provided through the website www.vdbmetal.com, subject to the conditions and access requirements set by the SUPPLIER
/3/ The USER undertakes to use the Services provided by the SUPPLIER and:
а. not to commit malicious acts within the meaning of these terms and conditions;
б. to notify the SUPPLIER immediately of any case of committed or discovered infringement when using the provided services;
в. not to impersonate another person or representative of a legal person or group of persons that he is not authorized to represent, or otherwise mislead third parties about his or her identity or affiliation with a particular group of people.
/4/ The USER has the right at any time, at his own discretion, to terminate the use of the Services provided by the SUPPLIER by disabling the provision of them by his profile or other designated webpage or terminate his registration on the website www.vdbmetal.com, accordingly discontinue the use of the Services under Art.4, line 2. From the moment of termination of the registration, and for the unregistered USERS – from the moment of termination of the use of the Services under Art. 4, line 2, the contract between the parties shall be considered automatically terminated, and the SUPPLIER shall suspend the access of the respective USER to his profile. Deactivating the provision of certain Services does not terminate the contract.
/5/ The USER may access and use any content posted on the website www.vdbmetal.com solely for non-commercial personal use, subject to the requirements of these terms and conditions.
IX. RIGHTS AND OBLIGATIONS OF THE SUPPLIER
Art.13. /1/ The SUPPLIER undertakes to take due care to enable the USER to use the Services normally.
/2/ In accordance with the requirements of the Bulgarian legislation in force, the SUPPLIER stores information materials and resources, located by the USER on the SUPPLIER’s server, and has the right to make them available to the competent state bodies in cases where this is necessary to preserve the rights, legitimate interests and security of the SUPPLIER. or to third parties, as well as when duly requested by the relevant public authorities.
/3/ The SUPPLIER has the right, but not the obligation, at its own discretion and without giving a warning to suspend access to and / or remove USER’s content when the same is contrary to the requirements set out in these general terms and conditions.
/4/ The SUPPLIER shall have the right, at its discretion and without warning, to suspend or temporarily restrict the USER’s access to the Services under Art.4, line 3 when, at the discretion of the SUPPLIER or according to information received from third parties, the USER uses the Services in violation of the Bulgarian legislation, these general terms, good morals or other applicable norms.
/5/ The SUPPLIER reserves the right to temporarily or permanently suspend the provision of specific Services available through the website www.vdbmetal.com by notifying the USER with a message on the respective websites or on his USER’s profile.
X. INTELLECTUAL PROPERTY
Art.14. /1/ All publications on the website are the exclusive intellectual property of the SUPPLIER and are subject to protection under the Copyright and Related Rights Act, and they may not be used in any way whatsoever without the prior written consent of the SUPPLIER.
/2/ The images on the website, as well as other visual elements presenting the SUPPLIER’s intellectual property, may not be used and reproduced in any way by third parties without its prior written consent.
/3/ Any unauthorized use of the materials posted on the website without the permission of the SUPPLIER is considered as violation for which the offender bears civil, administrative-criminal and criminal liability in accordance with the current Bulgarian legislation.
Art.15. /1/ The SUPPLIER does not allow the content of the website to be used in any way by displaying all or part of the material posted on it on another website.
/2/ Reference to material on the website from other websites is allowed if it is done in accordance with good practices and commercial practices, and if the reference and the ways in which the link is presented do not raise doubts about the authorship of the SUPPLIER so that the USERS are not misled.
XI. PROTECTION AND PROCESSING OF PERSONAL DATA
Art.16. /1/ The SUPPLIER shall take measures to protect the personal data of the USER in accordance with the Personal Data Protection Act.
/2/ For the USERS’ personal data security reasons, the SUPPLIER sends the data only to the E-mail address which was specified by the USERS at the time of registration.
/3/ The SUPPLIER accepts and announces a Personal Data Protection Policy on its website. The USER agrees with the SUPPLIER’s Personal Data Protection Policy.
/4/ The USER agrees that the SUPPLIER has the right to process his personal data in accordance with his Personal Data Protection Policy.
/5/ At any time before, during or after the provision of the Service, the SUPPLIER shall have the right to require the USER to legitimize and certify the authenticity of each of the circumstances and personal data submitted during the registration.
XII. RESPONSIBILITY. LIMITATION OF LIABILITY
Art.17. /1/ The SUPPLIER takes care to enable the USERS to make normal use of the Services available through the website www.vdbmetal.com, but has no obligation and does not guarantee that they will satisfy the USERS’ requirements, nor will they be continuous, timely or secure. By accepting these general terms, each USER declares that the use of the provided Services will be entirely at his own risk and responsibility, and the parties agree that the SUPPLIER shall not be liable for any damages caused to the USER, unless they are caused by the provided Services, by the SUPPLIER intentionally or with gross negligence.
/2/ The SUPPLIER is not responsible for the damages and lost benefits of the USERS caused by the information contained on the website.
/3/ The SUPPLIER is not responsible for any damages caused by the USERS to third parties as a result of using the website and the information contained therein.
/4/ The SUPPLIER is not responsible for the non-provision of Services in circumstances beyond its control – in cases of force majeure, accidental events, problems on the global Internet and in the provision of services beyond the Administrator’s control, problems due to the equipment of the USER, as and in the event of unauthorized access or intervention by third parties in the functioning of the SUPPLIER’s servers.
/5/ The SUPPLIER shall not be liable to the USER and third parties for any damages and lost profits resulting from the termination, suspension, modification or limitation of the provision of any of the Services used or made available through the website www.vdbmetal.com
/6/ The Parties agree that the SUPPLIER is not responsible for the failure to provide the Services or the provision of poor quality Services as a result of tests performed by him to verify equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the services provided. In such cases the SUPPLIER shall notify the USER in advance of the possible temporary failure to provide, respectively, the deteriorated quality of the services.
/7/ By accepting these general terms, the USER declares that he/she is aware of the possibility of eventual interruptions and other difficulties in connection with the Internet connection to the website www.vdbmetal.com, which may arise regardless of the care taken by the SUPPLIER. The USER declares that he/she will not claim for any compensation from the SUPPLIER for any missed benefits, damages or inconvenience caused by the above-mentioned interruptions or difficulties on the Internet connection, including with respect to the capacity of this connection.
/8/ The SUPPLIER is not responsible and owes no compensation to a person whose personal data is misused by another person for the request and use of the Services provided by the SUPPLIER, whether or not the data subject has given his or her consent. The protection of their personal data is a primary obligation of the data subjects.
Art.18 For all matters not resolved by this contract, shall apply the provisions of the Bulgarian legislation in force.
Art.19 All disputes arising between the parties will be resolved through negotiations. In the event that an agreement is not reached, all outstanding disputes arising out of or between the parties to the contract, including disputes arising out of or concerning its interpretation, invalidity, performance or termination, as well as disputes to fill in the gaps in the contract or its adaptation to new circumstances will be resolved by the competent court in Rousse.
XIV. ENFORCE AND OPERATION OF THE GENERAL TERMS AND CONDITIONS
Art.20 These general terms and conditions are effective for all USERS from 01/04/2020
Art.21 In case of modification of these terms and conditions, the SUPPLIER is obliged to announce these on its own webpage within 30 / thirty / days prior to their entry into force. When the changes have been provisioned by a legal act, they shall enter into force on same date as the enforcement date of the respectful legal act.