General Terms of Use
These General Terms govern the conditions for using the website of Castello Precast Ltd - an engineering and construction company specialising in the design, manufacture and installation of industrial and infrastructure structures made of precast reinforced concrete, comprehensive engineering and the execution of turnkey projects. The website is entirely corporate and informational in nature. The published Content presents the activity, technical competence, portfolio and standards of the Company. No contracts are concluded through the Website, no Services are offered for online purchase, and no payments are carried out.
The only interactive functionality of the Website is a Contact form for business enquiries. The processing of personal data provided through it is governed by the Company's Privacy Policy, published on a separate page of the Website. Accessing the Website constitutes acceptance of these General Terms in their current version.
SECTION I. INFORMATION ABOUT THE COMPANY AND APPLICABLE REGULATORS
Art. 1 (1) The Website is maintained by Castello Precast Ltd - a limited liability company entered in the Commercial Register at the Registry Agency under UIC: 175231972. The Company operates in accordance with the legislation of the Republic of Bulgaria.
(2) The registered seat of the Company is in the city of Sofia. The management address is: Vitosha district, 11 „Panorama Sofia“ Str., entrance A, floor 7, apt. 702. For correspondence, official notifications and incoming enquiries, the Company can be reached by Email: office@castelloprecast.eu or website contact form: casteloprecast.eu
(3) This Article fulfils the requirement of Art. 4 of the Electronic Commerce Act for the provision of mandatory information by the provider of information society services.
Art. 2 (1) The competent supervisory authorities to which the Visitor may turn in case of a complaint relating to the activity of the Company in its capacity as a provider of information society services and a controller of personal data are:
- Commission for Personal Data Protection (CPDP) - city of Sofia, 2 „Prof. Tsvetan Lazarov“ Blvd., website: www.cpdp.bg, email: kzld@cpdp.bg - competent on matters relating to the processing of personal data;
- Commission for Consumer Protection (CCP) - city of Sofia, 4A „Slaveykov“ Sq., website: www.kzp.bg, telephone: 0700 111 22 - competent on matters relating to the provision of information society services and electronic commerce.
(2) Referral to a supervisory authority does not affect the Visitor's right to seek protection through the courts in accordance with the applicable legislation. The supervisory authority under para. 1, item 2 may be referred to only if the affected person held the capacity of “consumer” within the meaning of the Consumer Protection Act.
SECTION II. DEFINITIONS
Art. 3 (1) For the purposes of these General Terms, the terms set out below are used with the following meaning:
- „Company“ means Castello Precast Ltd, UIC 175231972 - the legal entity that maintains the Website and is a party to these General Terms.
- „Website“ means the set of web pages and the related electronic resources accessible at castelloprecast.eu, maintained by the Company.
- „Visitor“ means any natural or legal person who accesses the Website, regardless of the purpose and manner of use.
- „General Terms“ means this document, governing the conditions for access to and use of the Website.
- „Content“ means the set of texts, images, technical descriptions, project references, certificates, graphics, logos and any other materials published on the Website by the Company.
- „Services“ means the engineering and construction activities offered by the Company within its commercial activity. Their description on the Website is for informational purposes, while their contractual arrangement and performance are carried out outside the Website.
- „Contact form“ means the functionality of the Website through which the Visitor may send an enquiry to the Company.
- „Enquiry“ means a message sent by the Visitor through the Contact form, with the aim of obtaining information or establishing business contact with the Company.
- „Personal data“ means any information relating to an identified or identifiable natural person, within the meaning of Art. 4(1) of Regulation (EU) 2016/679 (GDPR).
- „Privacy Policy“ means a separate document describing the procedure and conditions for the processing of personal data by the Company, accessible through a link in the footer of the website.
- „Hyperlink“ means a reference published on the Website which, upon activation, redirects the Visitor to a page maintained by a third party outside the Website.
- „Force majeure“ means an unforeseeable and unavoidable event of an extraordinary nature, occurring after the entry into force of these General Terms, beyond the control of the Company, which renders the performance of its obligations temporarily or permanently impossible.
(2) The terms in this Article are interpreted equally for the singular and the plural, unless the context requires otherwise. The titles of the sections are indicative in nature and do not limit the interpretation of the clauses contained in them.
SECTION III. PURPOSE, SCOPE AND NATURE OF THE WEBSITE
Art. 4 (1) Castello Precast Ltd maintains the Website for the purpose of the corporate presentation of its activity, specialisation and technical competence. The Website is not a platform for concluding contracts, carrying out payments or providing services at a distance.
(2) The Website publishes descriptions of the Services in the field of the design, manufacture and installation of industrial and infrastructure structures made of precast reinforced concrete, comprehensive engineering, project management and the execution of turnkey projects, a portfolio of completed sites, information on the standards and certificates applied, as well as a Contact form for enquiries.
(3) Access to the Website is free of charge and is not subject to registration, the creation of a user account or the provision of personal data, except where the Visitor chooses to submit an enquiry through the Contact form.
Art. 5 These General Terms apply to every Visitor accessing the Website, regardless of their geographical location, the device or the network through which the connection is established. Their regulation covers every interaction with the Website, including the viewing of the Content, the use of the Contact form and the following of published Hyperlinks. The existence of specific legislation applicable to a particular Visitor, arising from their location or legal status, does not exclude the application of these General Terms, in so far as the two sets of rules are compatible.
Art. 6 (1) Accessing the Website and using any of its functionalities are deemed to be express acceptance of these General Terms in the version in force at the time of access, unless express consent is required. Such consent may be required when sharing personal data through a contact form.
(2) Upon amendment of the General Terms in accordance with Section X, the new provisions become binding on the Visitor from the moment of their publication on the Website. Continued use of the Website after the publication of the amended version is deemed to be acceptance of the changes.
(3) Where the Visitor acts on behalf of and for the account of a legal entity, by accessing the Website the Visitor declares that they have the necessary powers of representation to bind that legal entity to these General Terms.
(4) A Visitor who does not accept these General Terms or an amended version thereof should immediately cease using the Website.
Art. 7 (1) All Content published on the Website is exclusively informational and representative in nature. This content does not constitute a commercial offer, project proposal, price quotation or any binding statement on the part of the Company within the meaning of the Obligations and Contracts Act.
(2) The descriptions of the Services constitute a general introduction to the competence and production capacity of the Company. All specific technical parameters, scope and financial conditions for the respective project are determined solely in the course of direct negotiations and are bound by an expressly signed contract in written form.
(3) The publication of a particular site in the portfolio should not be interpreted as a guarantee of identical availability, deadline, production capacity or conditions of execution for future projects, since each order is assessed individually with regard to its technical and logistical parameters.
(4) The Company makes efforts to ensure that the published Content is accurate and up to date at the time of its publication, but does not guarantee its exhaustiveness. Decisions of an investment, project or commercial nature should not be based solely on the information available on the Website, without prior direct consultation with a representative of the Company.
(5) The information in these General Terms or in the Content of the Website does not constitute a legal, technical or engineering opinion with advisory or evidentiary value.
Art. 8 (1) The technical data, standards and certificates published on the Website reflect the information current at the time of their publication. The applicable technical norms and certification requirements are subject to update, and their current content should be verified by the Visitor directly with the relevant authorities and institutions or by an enquiry to the Company.
(2) The project references and images in the portfolio are published in compliance with the applicable contractual and statutory confidentiality requirements. The Visitor has no right to use, distribute or cite the published references, site names or images without the express prior written consent of the Company.
SECTION IV. RIGHTS AND OBLIGATIONS OF VISITORS
Art. 9 (1) The Visitor has the right to view and use the Content of the Website freely.
(2) Where there is a specific business interest, the Visitor may use the Contact form to submit an Enquiry to the Company. Sending an Enquiry does not give rise to any corresponding obligation on the part of the Company to conclude a contract or to provide a Service.
(3) The Visitor whose personal data are processed by the Company as a result of a submitted Enquiry has all the rights arising from Regulation (EU) 2016/679 (GDPR), under the conditions and in the manner described in the Privacy Policy, accessible through a hyperlink in the footer of the site.
(4) The rights under this Article are exercised in good faith, without abuse of the access granted to the Website and its functionalities.
Art. 10 (1) The Visitor uses the Website and its functionalities in accordance with the applicable legislation of the Republic of Bulgaria and the European Union, these General Terms and good faith practices in the use of digital resources.
(2) When filling in the Contact form, the Visitor provides only true and current information about themselves and about the organisation on whose behalf they act. Use of the Contact form for purposes unrelated to establishing business contact with the Company is not permitted, nor on behalf of a person whose data the Visitor is not authorised to provide.
Art. 11 (1) The Visitor is prohibited from carrying out the following actions in relation to the Website, its Content or the infrastructure on which it operates:
- Systematic and automated extraction of Content by technical means, including through methods of mass crawling of web pages.
- Attempts at unauthorised access to servers, databases or administrative parts of the Website.
- Distribution or public disclosure of Content without the express written consent of the Company.
- Sending automated or mass messages through the Contact form.
- Introducing program code or technical means aimed at disrupting the operation or security of the Website.
(2) The Visitor may not use the Website for activities incompatible with the applicable legislation, including for the purposes of unfair competition, fraud or the bad faith collection of commercial information about the Company.
(3) The published project references, technical descriptions and images may not be included in tender documentation, used for comparative advertising purposes or presented to third parties without the prior written consent of the Company.
(4) The Company is not liable for damages caused by actions of Visitors in breach of this Article. Liability for such damages lies entirely with the Visitor who committed the breach.
(5) Upon an established breach, the Company may take technical measures to restrict access to the Website by the respective Visitor, as well as seek legal protection in the manner provided for this purpose.
SECTION V. INTELLECTUAL PROPERTY
Art. 12 (1) All intellectual property rights in the Content of the Website, including copyright in texts, images, graphics, logos and technical descriptions, belong to the Company or are used by it on the basis of a duly established right. Their protection is carried out in accordance with the Copyright and Related Rights Act and the applicable European legislation.
(2) The Visitor may view and store individual parts of the Content solely for personal, non-commercial purposes, without the right to distribute, modify, translate or include it in their own materials. Any use that goes beyond the scope of personal familiarisation requires the prior written consent of the Company.
(3) Referring to the Website through a hyperlink from a third-party website is permissible, provided that it does not create a false impression of affiliation, sponsorship or partnership with the Company and does not affect its reputation in any way.
Art. 13 (1) Without the prior express written permission of the Company, it is prohibited to use the content (textual and visual) accessible on this site for commercial, advertising or institutional purposes. The prohibition covers, without being limited to:
- Inclusion in advertising, marketing or promotional materials.
- Presentation to investors, partners or in tender documentation.
- Publication in media or publicly accessible information resources.
- Use for the training of automated systems or artificial intelligence systems.
(2) The removal, deletion or modification of marks, designations or authorship information included in the Content is prohibited regardless of the purpose and manner of use.
Art. 14 (1) The Company's portfolio contains images and descriptions of completed sites, published in view of the representative function of the Website. Their publication reflects projects realised as at the respective date and does not constitute a guarantee of identical conditions, technical parameters or production capacity in future engagements.
(2) Individual materials in the portfolio may contain elements subject to copyright or related rights of third parties - designers, architects or owners of sites. The Company publishes these materials in compliance with the applicable contractual and statutory requirements. No rights in them are transferred to the Visitor.
(3) Images, site names and other Content from the portfolio may not be used for comparative advertising, included in tender documentation or presented to third parties as publicly accessible resources without restrictions on use.
(4) Enquiries about the use of specific references or images from the portfolio for lawful commercial or communication purposes are addressed to the Company in accordance with Section VI.
SECTION VI. CONTACT FORM AND ENQUIRIES
Art. 15 (1) The Contact form is the only functionality of the Website intended for the collection of information from the Visitor and for establishing direct communication with the Company.
(2) When filling in the form, the Visitor provides their names or the name of the organisation on whose behalf they act, an email address for feedback, a telephone number and the content of the Enquiry.
(3) The permitted purpose of the form is limited to submitting business enquiries relating to the activity of the Company. Its use for sending unsolicited commercial communication, automated messages or content of an unlawful nature is prohibited regardless of the identity of the sender.
(4) In the event of a technical problem when sending the form, the Visitor may turn to the Company through the contacts specified in Art. 1, para. 2 of these General Terms.
Art. 16 Every incoming Enquiry is registered and directed to the Company's internal customer relationship management system, where it is processed by authorised employees. The Company strives to respond within a reasonable period according to the nature of the enquiry and its current workload. The submission of an enquiry does not give rise to an obligation to enter into negotiations, nor a right of the Visitor to expect a response within a specific period. The processing of the personal data provided through the Contact form is governed in accordance with Section VII.
Art. 17 (1) The submission of an Enquiry through the Contact form does not constitute an offer within the meaning of the Obligations and Contracts Act and does not give rise to any contractual obligations between the Visitor and the Company.
(2) The receipt of a response from the Company, regardless of the degree of its detail or technical nature, is not considered acceptance of an offer, confirmation of an order or the assumption of a commitment to execute a particular project. Any communication preceding the conclusion of a written contract is preliminary and non-binding.
(3) Contractual binding between the parties arises solely on the basis of an expressly signed written contract by authorised representatives of both parties.
(4) The Company reserves the right not to respond to an incoming Enquiry, to refuse to enter into negotiations or to terminate negotiations already begun, without any obligation to state reasons.
(5) Technical information, drawings, offers, estimates or any materials provided by the Company in the course of pre-contractual communication remain its property. Their use for purposes other than the specific Enquiry requires the express written consent of the Company.
SECTION VII. PROTECTION OF PERSONAL DATA
Art. 18 The Company processes the personal data of Visitors in its capacity as a controller within the meaning of Regulation (EU) 2016/679 (GDPR). The procedure and conditions for processing, the legal grounds, the categories of recipients, the storage periods and the rights of data subjects are described in detail in the Privacy Policy, accessible through a hyperlink in the footer of the site. This Section governs solely the processing of data received directly through the Website.
Art. 19 (1) When submitting an Enquiry through the Contact form, the Company collects the following categories of personal data provided by the Visitor:
- Names or the name of the organisation on whose behalf the Enquiry is sent.
- Email address for feedback.
- Telephone number.
- Content of the Enquiry, including any additional information that the Visitor has chosen to include in its text.
(2) The submission of personal data through the Contact form is entirely voluntary and is not a condition for access to the Content of the Website. Failure to provide it makes it only technically impossible to send the Enquiry.
(3) The data received through the Contact form is recorded automatically in the Company's customer relationship management system. Access to it is held solely by authorised employees of the Company engaged in the processing of commercial enquiries. The transfer of data to third parties outside the Company is carried out only where there is a legal ground or express consent from the Visitor, under the conditions of the Privacy Policy.
(4) The legal ground for the processing is the legitimate interest of the Company under Art. 6(1)(f) of the GDPR, namely establishing contact with potential business partners and processing incoming commercial enquiries. The data subject may exercise their rights under the GDPR, including the right of access, rectification, erasure and objection to the processing, in the manner and under the conditions described in the Privacy Policy.
SECTION VIII. LIMITATION OF LIABILITY
Art. 20 (1) The availability of the Website is a commercial objective of the Company and not a contractual obligation with a guaranteed level of performance. The Company exercises reasonable care for its technical functionality, without undertaking a commitment to uninterrupted access or compatibility with every user configuration of devices and browsers.
(2) The Company may at any time suspend or restrict access to the Website due to planned or extraordinary technical maintenance, updating of the Content or measures to protect the security of the systems. Interruptions of a preventive or protective nature do not give rise to a right to compensation on the part of the Visitor. Where circumstances permit, the Company gives prior notice of planned maintenance periods through a publication on the Website.
(3) The functioning of the Website depends on providers of web hosting services, domain registrars, telecommunications operators and other digital infrastructure located beyond the control of the Company. The Company is not liable for disturbances and interruptions arising directly from these providers.
(4) The technical security measures applied by the Company reduce, but do not eliminate, the risk of unauthorised access, malicious code or cyberattacks. The Visitor is responsible for the security of their own devices, network environment and access credentials for the Website.
Art. 21 (1) The liability of the Company for the Content of the Website is limited to the exercise of reasonable care in its compilation. The completeness, accuracy or currency of the Content at any particular moment of use is not guaranteed.
(2) Decisions of an investment, project, technical or commercial nature, based wholly or partly on information published on the Website, are made at the sole risk and responsibility of the Visitor. The consequences of such decisions do not give rise to a right of action or claim against the Company, regardless of the degree of the damages suffered.
(3) Technical characteristics, production parameters, regulatory values and engineering information published on the Website are of an indicative nature only. Their application to a particular construction or infrastructure project without prior direct consultation with the Company and without duly prepared project documentation entirely excludes the liability of the Company for resulting damages.
(4) Indirect, consequential or incidental damages, lost profits and lost business opportunities suffered by the Visitor as a result of using the Website are not subject to compensation by the Company, including in cases where the Company knew or should have known of the likelihood of their occurrence.
(5) In so far as the applicable law does not permit the complete exclusion of liability for a certain type of damage, the liability of the Company is limited to the minimum extent permitted under the applicable legislation.
Art. 22 (1) The Company is not liable for the partial or complete non-performance of its obligations under these General Terms if it is a direct consequence of the occurrence of Force majeure within the meaning of item 12 of Art. 3, para. 1.
(2) Upon the occurrence of such a circumstance, the Company makes reasonable efforts to inform Visitors of the interruption and the expected period for remedying it, in so far as the event itself permits communication.
(3) When the Force majeure ceases, the performance of the affected obligations is resumed within a reasonable period. If the circumstances make the maintenance of the Website permanently impossible, the Company is released from the respective obligations under these General Terms, without owing compensation to the Visitor.
SECTION IX. HYPERLINKS TO THIRD-PARTY WEBSITES
Art. 23 The Website may contain Hyperlinks to websites maintained by third parties, including industry organisations, certifying bodies, public institutions or commercial partners. The presence of a Hyperlink does not constitute a recommendation, approval, sponsorship or any form of affiliation between the Company and the respective third party. The Company may at any time add, amend or remove published Hyperlinks without prior notice to Visitors.
Art. 24 (1) The content, accessibility and functioning of third-party websites are beyond the control of the Company. The Company does not and cannot bear liability for the lawfulness, accuracy, currency or completeness of such content.
(2) The Visitor who chooses to leave the Website through a published Hyperlink accesses the respective external resource entirely at their own risk. The terms of use and privacy policies of the respective third party apply independently and separately from these General Terms.
(3) The Company does not systematically check the content of the websites to which it refers. Upon establishing unlawful, harmful or misleading content on a third-party website reached through a published Hyperlink, the Company takes measures for its timely removal after due notification in accordance with para. 4.
(4) Notifications of problematic content on a linked third-party website are addressed to the Company through the contacts under Art. 1, para. 2 of these General Terms.
SECTION X. AMENDMENTS TO THE GENERAL TERMS
Art. 25 (1) The Company has the right to amend these General Terms at any time without limitation as to scope. The changes may be prompted by amendments to the applicable law, an update of the functionalities and the Content of the Website or a change in the commercial policy of the Company.
(2) Where an amendment is required by a normative act that has entered into force or a binding act of a competent supervisory authority, the new provision enters into force simultaneously with the act, without being bound by the notification period under Art. 26.
(3) Manifest errors, technical inaccuracies and editorial corrections that do not affect the rights and obligations of the Visitor in substance may be remedied immediately without observing the notification procedure under Art. 26.
Art. 26 The notification of Visitors of amendments to the General Terms is carried out by publishing their updated version on the Website with an express indication of the date of entry into force of the new version. The publication constitutes due notification within the meaning of these General Terms. The period between publication and the entry into force of the changes is not shorter than 7 days, except in the cases under Art. 25, para. 2 and para. 3, in which the procedure specified therein applies.
Art. 27 (1) The continued use of the Website after the date of entry into force of an amended version of the General Terms constitutes unconditional acceptance of all changes that have occurred.
(2) A Visitor who disagrees with an amended version is obliged to cease using the Website immediately. The continuation of access after the entry into force of the new version excludes any subsequent reliance on a lack of knowledge of its content, including with regard to provisions introduced for the first time in that version.
(3) The current version of the General Terms is accessible on the Website at any time at a permanent address, indicated in a place visible to the Visitor.
(4) Each published version bears the date of its last amendment. Previous versions are stored by the Company and provided on request through the contacts under Art. 1, para. 2.
SECTION XI. APPLICABLE LAW. DISPUTES. FINAL PROVISIONS
Art. 28 (1) The legal relations between the Company and the Visitor arising from the use of the Website and these General Terms are governed by the applicable legislation of the Republic of Bulgaria, including the Obligations and Contracts Act, the Electronic Commerce Act and the applicable European law.
(2) In the event of a dispute relating to the use of the Website or the interpretation of these General Terms, the competent court is the respective Bulgarian court in accordance with the applicable procedural rules. Where the Visitor is a legal entity registered in the Republic of Bulgaria, the parties may by mutual agreement agree on a different jurisdiction within the limits permitted by the applicable procedural law.
(3) For Visitors with their domicile or habitual residence in a Member State of the European Union, the applicable law and the competent court are determined with regard to the provisions of Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the rules of which take precedence over the provisions of this Article.
Art. 29 (1) In the event of a dispute of a consumer nature within the meaning of the Consumer Protection Act, the Visitor may turn to the accredited bodies for alternative resolution of consumer disputes, operating on the basis of the Alternative Resolution of Consumer Disputes Act. A current list of the accredited bodies is accessible on the website of the Commission for Consumer Protection: www.kzp.bg. The Visitor may also file a complaint through the online dispute resolution platform of the European Commission, accessible at: https://ec.europa.eu/consumers/odr.
(2) For disputes between traders within the meaning of the Commercial Act, the provisions on the alternative resolution of consumer disputes do not apply. These disputes are referred to the competent court in accordance with Art. 28, para. 2.
Art. 30 The invalidity of an individual clause or provision of these General Terms does not entail the invalidity of the remaining provisions. The invalid clause is replaced by operation of law by the mandatory norm of the applicable legislation, and in the absence of such a norm - by a provision that most accurately reflects the economic purpose of the parties at the time of the adoption of the document. These General Terms are drawn up in the Bulgarian language, which is the only authentic language of the document. They are published on the Website at a permanent address and may be downloaded, stored and printed by every Visitor at any time.
Art. 31 (1) These General Terms enter into force from the date of their publication on the Website and apply for an indefinite period until their replacement by a new version or until their express withdrawal by the Company.
(2) Each published version contains a date of last amendment, visible to the Visitor, which serves for the unambiguous identification of the version applicable at a particular moment of use.
(3) Previous versions are stored by the Company for a period not shorter than 3 years after their replacement. The Visitor may request a copy of a specific previous version through the contacts under Art. 1, para. 2.
(4) These General Terms exhaustively govern the conditions for using the Website and take precedence over any prior oral or written understandings between the Company and the Visitor regarding the use of the Website, in so far as such understandings existed.