General Terms and Conditions
29 March 2022
I Parties
Art. 1.
These General Terms and Conditions govern the relationship between Gatsby Metals Ltd., on one hand, and the person who has accepted the General Terms and Conditions on the website gatsbymetals.com., hereinafter referred to as "Customer" or “Client”, on the other hand.
II Definitions
Art. 2.
In interpreting and applying these General Terms and Conditions, the following terms and expressions have the following meaning:
1. A "website" is a dedicated place on the World Wide Web, accessible through its unified address (URL) over HTTP, HTTPS or another standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
2. Gatsby Metals Ltd. (gatsbymetals.com) is a website (portal) - a virtual commercial and legal information resource on the Internet, which allows users to use various services, purchase products and discover information through hyperlinks to resources located on the server of Gatsby Metals Ltd. or on other servers outside the control of Gatsby Metals Ltd.
3. Gatsby Metals LTD. is an e-commerce website - a virtual information resource on the Internet for the sale and delivery of goods published in it, which is an integral and separate part of Gatsby Metals LTD..
4. "IP address" is a unique identification number, associating a computer, website or resource of the Client, in a way that allows their localization in the global Internet network.
5. "Customer" is a natural or legal person who has electronically requested products for purchase from gatsbymetals.com, thereby accepting these general terms and conditions and has agreed to enter into the contract.
6. "Customer Information" is a separate part of the website of Gatsby Metals LTD., sending information to our e-mail required by Gatsby Metals LTD. at the conclusion of the contract and stored at gatsbymetals.com. The same information is only and exclusively for corporate purposes and will not be provided to third parties, except in cases provided by law.
III Purchase order
Art. 3.
In order to receive the right to make valid orders for the purchase of the goods offered at Gatsby Metals LTD., the Client must:
1. Enter correct data when confirming his order in the electronic registration form located at gatsbymetals.com.
2. Agree with these General Terms and Conditions in the manner described in Art. 4.
IV Consent
Art. 4.
(1) With their e-mail, registered upon successful order through the e-shop, any person using the services of Gatsby Metals LTD. may request or refuse the opportunity to use the resources and services provided by Gatsby Metals LTD. through its e-shop with a deliberate electronic statement of intent in the order described in para. 2.
After agreeing to these General Terms and Conditions a person who may use the resources and services provided by Gatsby Metals LTD. through gatsbymetals.com is considered bound by the provisions of the General Terms and Conditions and is obliged to comply with them.
(2) By pressing the virtual button "Continue" the Client makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms and Conditions and accepts them. By recording it on a suitable medium in the server of Gatsby Metals LTD. through a generally accepted standard for conversion, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. Gatsby Metals Ltd. stores in log files on its server the Client's IP address, client's name, address, valid phone number and e-mail, this information is needed to identify the Client and reproduce his electronic statement of acceptance of the General conditions, in case of a legal dispute, as well as for the sending and receiving of the goods purchased by him. Gatsby Metals Ltd. does not store information about the client's bank and card credentials.
(3) A separate individual contract is concluded for each purchase order between the Client and Gatsby Metals LTD. on the basis of these General Terms and Conditions. All rights and obligations under these General Terms and Conditions arise under the individual contracts for the parties.
(4) In the event of a dispute as to which person has expressed a will to be bound by the text of the individual contract, the person who has paid the price of the goods ordered for purchase shall be considered a party to it.
V Publication of information about the goods at the Gatsby Metals Ltd. store
Art. 5.
(1) Gatsby Metals Ltd. at http://gatsbymetals.com publishes a short description and price of each of the goods that can be purchased through Gatsby Metals Ltd.
(2) Gatsby Metals LTD. shall not be liable for incorrect information provided by the manufacturer of the goods.
VI Public invitation
Art. 6.
(1) The publication of a description and price of goods in Gatsby Metals LTD. is a public invitation within the meaning of Art. 290, para. 1 of the Commercial Law to make an application for purchase in accordance with them as described in Art. 7.
(2) When there is absence of stock (it is possible that some of the goods are still with the manufacturer) of ordered goods, Gatsby Metals LTD., within one working day after receiving the purchase application under Art. 7, shall notify the Client of its unavailability by sending a message to the e-mail of the Client or by telephone call to the telephone number registered at the time of purchase.
VII Making a purchase
Art. 7.
(1) The customer receives access to the form for making applications for the purchase of goods offered in Gatsby Metals Ltd. after selecting the goods and quantities he wishes to purchase and add them to the shopping cart using the "add to card" button.
(2) The declaration of intent to purchase goods from Gatsby Metals Ltd. is considered made after pressing the button "Submit my order" after selecting and reviewing the goods, method of payment and method of delivery, assuming that the customer has agreed with the general conditions before proceeding to the form of payment.
(3) If an incorrect or wrong address and / or telephone number is indicated when submitting the application for Gatsby Metals LTD., there may be no obligation to conclude a contract with the Client and fulfill the order.
VIII Concluding an individual contract
Art. 8.
(1) The individual contract shall be considered concluded after purchase application following the conditions of art. 7 has been accepted by Gatsby Metals LTD..
(2) The purchase application is accepted by sending a message to the e-mail of the Client
(3) The contract shall take effect between the parties after checking the availability of the goods subject to the purchase application and after confirming the validity of the application.
IX Price
Art. 9.
(1) All prices are in EUR with VAT included.
(2) The prices of the individual goods indicated on the website of Gatsby Metals LTD. are for a single quantity and are with free delivery on the territory of Sofia for orders over BGN 100 with VAT.
(3) The price due by the Client is the one indicated in the invitation for purchase of the goods at the moment of execution of the application in the manner described in Art. 7.
X Time and methods of payment
Art. 10.
(1) The price under art. 9 and delivery costs may be paid in any of the following ways:
1. in cash / cash on delivery / upon receipt of the goods by the Customer or by a third party on behalf of the same;
2. in another way indicated on the web page of Gatsby Metals LTD..
XI Rights and obligations of Gatsby Metals LTD.
Art. 11.
Gatsby Metals Ltd. undertakes:
1. to transfer to the Client the ownership of the goods ordered for purchase by him
2. to deliver in time the goods ordered for purchase
3. to take due care for the fulfillment of its obligations.
XII Rights and obligations of the Customer
Art. 12.
(1) The client undertakes:
1. to indicate exact and valid telephone and delivery address;
2. to pay the price of the goods;
3. to pay the delivery costs, if any;
4. to provide access and opportunity for receiving the goods;
5. to receive the ordered goods;
(2) The client shall:
1. not submit fictitious applications or other information;
2. to observe the Bulgarian legislation, the applicable foreign laws, the present General Terms and Conditions, the Internet ethics, the rules of morals and good manners;
3. not to violate other people's property or non-property rights;
4. not to impersonate another person or a representative of a legal entity or a group of people whom he is not authorized to represent, or in any other way to mislead third parties about his identity or belonging to a certain group of people;
XIII Delivery
Art. 13.
(1) The goods part of the purchase order shall be delivered to the delivery address indicated by the Client within:
1. up to 5 working days - for Bulgaria
(2) The term for delivery under par. 1 starts running:
1. in case of payment in cash - from the moment of concluding the contract under the conditions of art. 8
(3) The goods shall be delivered appropriately packed according to their type and transport for delivery.
(4) the delivery term is considered fulfilled in respect of Gatsby Metals LTD. with the delivery of the goods, appropriately packaged according to its type of delivery.
(5) The goods may from time to time be delivered with the help of the courier company Econt and according to their general conditions.
XIV Delivery of the goods
Art. 14.
(1) The goods are handed over to the Client or to a third party, who accepts and confirms the receipt of the same on behalf of the Client.
(2) In the cases of art. 10, para. 1, item 1 the goods shall be handed over to the persons under the preceding paragraph after payment of the due price and the delivery costs.
(3) Upon delivery of the goods, the Client or the third party under para. 1 shall sign the accompanying documents.
(4) In case of refusal to accept the goods outside the cases under art. 15, para. 1, the refusal shall be considered unfounded and the Customer shall pay the costs for delivery and return of the goods. In this case, the Customer is obliged to indemnify Gatsby Metals LTD. for all damages and lost profits, including any other costs other than the costs of delivery and return of goods incurred as a result of the refusal.
(5) In case the Customer is not found within the deadline for delivery to the specified address or access and conditions for delivery of the goods are not provided within this period, Gatsby Metals LTD. is released from its obligation to deliver the goods ordered for purchase. The customer can confirm his desire to receive the goods even after the expiration of the delivery period, in which he was not found at the address, bearing all costs of delivery. In this case, a new delivery period starts to run from the moment of the confirmation under the previous sentence.
XV Refusal to receipt the goods
Art. 15.
(1) The customer has the right to refuse the receipt of the goods ordered for purchase, when it is delivered to him under one of the following conditions:
1. the delivered goods obviously do not correspond to the one ordered for purchase by the Client and this can be established through its ordinary inspection.
2. the goods are damaged during transportation.
3. the price, which the Client should pay, does not correspond to the due price under art. 9.
4. Gatsby Metals LTD. did not meet the delivery deadline, namely it did not hand over the goods to the respective shipping company. Gatsby Metals LTD. cannot be held liable for damages in case of undelivered or delivered goods with defects by the shipping company, and the customer reserves the right to return the goods if he wishes in such circumstances.
(2) Refusal to receive the goods under the conditions of the preceding paragraph shall be inadmissible after signing the accompanying documents under Art. 14, para. 3.
(3) Under the conditions of para. 1, item 1, as well as in case of discrepancy between the ordered for purchase and the delivered goods, which could not be established at the time of delivery, the Customer may request that the delivered goods be replaced with corresponding to his purchase application within 24 hours of receipt.
XVI Personal data
Art. 16.
When processing personal data, Gatsby Metals LTD. strictly fulfills its obligations in accordance with the General Regulation on Data Protection.
Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC), the Personal Data Protection Act and its implementing regulations.
An integral part of these General Terms and Conditions is the Privacy Policy.
(1) Gatsby Metals LTD. takes due care to protect the personal data of the Client, which became known when filling in the electronic form for making a purchase application.
This obligation is waived if the Client has provided incorrect data.
(2) In compliance with the applicable legislation and the provisions of these General Terms and Conditions, Gatsby Metals LTD. may use personal data of the Client only for the purposes stipulated in the contract.
(3) Gatsby Metals LTD. has the right to use the information under para. 1 for offering goods and / or services to the Client, for promotions, sending congratulations,organizing raffles, inquiries, for statistical and any other lawful purposes, except in the case of explicit disagreement with the same, sent to the following e-mail address: office@gatsbymetals.com
(4) The purposes described above, for which the data may be used, are not exhaustively listed and do not give rise to obligations for Gatsby Metals LTD.. Any other purposes for which the data is used will be in accordance with Bulgarian legislation, applicable international instruments, Internet ethics, morals and good faith.
(5) The personal data shall be processed on the territory of the Republic of Bulgaria.
(6) Gatsby Metals LTD. processes personal data for a period necessary for the fulfillment of the specific purpose for which they are processed, unless a normative act or a legitimate legitimate interest requires them to be processed for a longer period, for example:
• 1 (one) year - from termination of the contract or until final settlement of all financial obligations and expiration of the statutory obligations for data storage, such as obligations under the Electronic Communications Act and the Electronic Document and Electronic Certification Services Act;
• 11 (eleven) years according to the Accounting Act for storage and processing of accounting data;
• 5 (five) years according to the Law on Obligations and Contracts (limitation periods for filing claims);
• 5 (five) years according to the obligations for providing information to the court, competent state bodies, etc. grounds provided for in the current legislation.
(7) The Client may:
1. Check the accuracy, completeness and timeliness of his personal data, as well as to correct them by logging in to his account.
2. To request confirmation that personal data relating to him or her are being processed and, if so, to access the data, as well as information about the recipients of this data.
3. To request a copy of his personal data from Gatsby Metals LTD.;
4. To request from Gatsby Metals LTD. correction of personal data when they are inaccurate, as well as when they are no longer up to date;
5. To request from Gatsby Metals LTD. deletion of personal data (right "to be forgotten");
6. To request from Gatsby Metals LTD. to limit the processing of personal data, in which case the data will only be stored, but not processed;
7. To object to the processing of his personal data;
8. To object to the processing of personal data concerning him for the purposes of direct marketing.
9. To file a complaint to a supervisory body if it considers that any of the provisions of the Regulation has been violated, as for the Republic of Bulgaria this is the Commission for Personal Data Protection: Headquarters and address for correspondence: Sofia 1592, Blvd. "Prof. Tsvetan Lazarov ”№ 2, phone 02 915 3 518, E-mail: kzld@cpdp.bg, Website: www.cpdp.bg;
10. To request and be provided with personal data in a structured, widely used and machine-readable format;
11. To withdraw his consent for the processing of personal data at any time with a separate request addressed to Gatsby Metals LTD.;
12. Not to be subject to automated decisions that affect it significantly, without the possibility of human intervention; In order to avoid abuse, requests with the above content will only be considered if sent by email, used to register the account, reserving the right to request additional data in order to establish identity of the requester and the data subject to which it relates.
(8) The Client may submit a request for exercising his / her rights regarding the protection of personal data as follows:
• Electronically to the following email address office@gatsbymetals.com;
• By mail to the address of our Head Office - Gatsby Metals Ltd. 1510 Sofia, h.e. Hadji Dimitar, block 11, entrance A, apartment 11, with a written request.
The request should contain name and PIN, address, telephone, e-mail and description of the request.
Gatsby Metals LTD. will respond to the Client's requests for personal data under paragraph 8 within one month, and in case of need to extend the specified period, the Client will be informed about the extension and the reasons for the delay.
Gatsby Metals Ltd. may refuse to process requests that are unreasonably repeated or endanger the privacy of other users.
XVII Disclosure of information
Art. 17.
Gatsby Metals LTD. undertakes not to disclose any personal data about the Client to third parties - government agencies, companies, individuals and others, except in cases where:
1. has received the explicit consent of the Client.
2. the information is provided to companies in which Gatsby Metals LTD. owns more than 50% share or shareholding or which it controls directly or indirectly, as well as to persons and companies that directly or indirectly control it.
3. the information is requested by state bodies or officials, who according to the current legislation are authorized to request and collect such information.
4. Gatsby Metals LTD. is obliged to provide the information by law.
XVIII Contract termination
Art. 18.
In addition to the cases mentioned above in these General Terms and Conditions, either party may terminate the individual contract by giving one week's notice to the other party in the event of non-performance of obligations under the contract.
XIX Responsibility
Art. 19.
Gatsby Metals LTD. is not responsible for non-fulfillment of obligations under this contract in circumstances beyond the control of Gatsby Metals LTD. - cases of force majeure, accidental events, problems in the global Internet and foreign servers outside the control of Gatsby Metals LTD., as well as supply problems due to the fault of the shipping company.
XX Damages
Art. 20.
(1) The Client is obliged to indemnify Gatsby Metals LTD. and all third parties for all damages and lost profits, including for all costs and paid attorney's fees, incurred as a result of claims from and / or paid compensations to third parties in connection with in case of non-fulfillment of his obligations under this contract, violation of the Bulgarian legislation, the applicable foreign laws, these General Terms and Conditions, good manners or Internet ethics.
(2) The client is obliged to indemnify Gatsby Metals LTD. for all damages caused by third parties to whom he has provided his password when using the same.
XXI Arbitration
Art. 21.
All disputes between the parties shall be settled in a spirit of understanding and goodwill. If no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill in gaps in the contract or its adaptation to new circumstances will be allowed by the relevant civil courts in Bulgaria.
XXII Written form
Art. 22.
The written form is considered complied with by sending an e-mail, pressing an electronic button on a page with content to be filled in by the Client or marking in a field (check box) on the website of Gatsby Metals Ltd. and others similar as far as the statement is technically recorded in a way that allows it to be reproduced.
XXIII Invalidity
Art. 23.
The parties declare that in the event that any of the clauses of these General Terms and Conditions prove / prove invalid / this will not lead to the invalidity of the contract, other clauses or parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.
XXIV Intellectual property rights
Art. 24.
All intellectual property rights over the elements of Gatsby Metals LTD. belong to Gatsby Metals LTD., including, but not limited to: texts, graphics, computer programs, databases, etc.
XXV Applicable law
Art. 25.
The rules of the Terms of Use of the goods and services provided to the members of Gatsby Metals LTD. (http://gatsbymetals.com) and the provisions of the current legislation of the Republic of Bulgaria shall apply accordingly to all issues not settled by these General Terms and Conditions.
These general terms and conditions come into force on March 22, 2022 and Gatsby Metals Ltd. reserves the right to change them without notice by announcing them on it`s website.
