Website Usage Agreement - Terms and Conditions of Use
This document, hereinafter referred to as the Terms and Conditions of Use, constitutes the service agreement between the parties.
Parties:
This document is concluded between: You, as the BENEFICIARY (hereinafter referred to as "beneficiary, seller, buyer, bidder, user"), and Saint Angel SRL, with its registered office in Nazna, Mureș County, at 13C Violetelor Street, Romania, registered at the Trade Register under no. J26/859/2007 with the unique registration code 21700260, as the PROVIDER with the IBAN accounts: RO75BRDE270SV26732092700-RON or RO67BRDE270SV26732252700-EUR opened at BRD Groupe Societe Generale.
Object of the Contract
The object of this agreement is to grant permission to the beneficiary to post auctions on the myloft.ro website <<< auction module >>> organized by them and/or, as applicable, to promote them on social media networks, depending on the selected options.
Assistance provided to the beneficiary in using the auction platform will be offered via email whenever necessary to support the beneficiary for the proper execution of this contract.
To avoid any doubt, all intellectual property rights over the platform belong to the provider, and the beneficiary will only receive the right to assistance and the right to post auctions on the site.
Payment and Collection Terms
The provider will issue an invoice to the beneficiary, based on which the beneficiary pays for the selected posting and/or promotion/sponsorship options for auctions. Prices are set in euros, but the invoice will be calculated in lei, at the exchange rate of the National Bank of Romania (BNR) on the date of issuance.
The posting fees (applicable to all types of auctions) and/or advertising fees (applicable only to premium auctions) are displayed on the myloft.ro website <<< auction module >>> and become visible to the user before placing an order and being redirected to the payment processor platform. The advertising fee retained by the provider for a premium auction amounts to thirty percent of the sum paid by the user to promote their auction.
Valid payments are non-refundable. The beneficiary acknowledges and agrees that prices may change in the future.
After a period of inactivity on the beneficiary's account exceeding 100 days, the provider has the right to permanently delete the beneficiary’s account along with all the data stored by the beneficiary or third parties in that account.
Service Usage
The agreement between the parties is concluded by the Beneficiary ticking all the "I AGREE WITH" boxes, followed by completing the user account creation form and/or the order form by entering the information requested by the provider. Payment for the selected options will be made using a credit/debit card.
The beneficiary is fully responsible for the use of the platform and the posts sent to the provider.
The beneficiary cannot claim damages or hold the provider responsible in case of any claims arising from the use of the platform or due to the loss of any data entered, regardless of the nature of the cause of such loss.
All services offered by the provider can be used by the beneficiary only for legal and sincere purposes. Identifying insincere purposes will result in the blocking of the beneficiary's user account, including access to the data entered, without prior notice, even if the beneficiary has paid for the services provided by the provider. Subsequent unblocking of the user account and access to the entered data will only be possible with the provider's consent and under conditions set by the provider.
Unauthorized access to the platform by persons not authorized or entitled to use this product (whether this right was not granted or has expired) is considered unauthorized access to an information system and is punishable under current criminal laws. The provider reserves the right to notify the competent authorities when it detects evidence of such unauthorized access.
General Ideas and Terms of Understanding
The provider is not an intermediary/commissioner for the sale, purchase, or shipping of the pigeons listed on the site for auction. The negotiation of payment terms between sellers and buyers, as well as the shipping of pigeons bought/sold through the auction platform, remains the exclusive responsibility of the respective parties.
The following aspects should be noted:
a. The contact details of sellers and buyers will be displayed in their user accounts after the auction ends or will be sent by email.
b. Information, photos, and pedigrees displayed on the site belong to the users, and the provider assumes no responsibility for any false information or user dishonesty regarding the presented details, the refusal of the seller to sell or ship the pigeon to the auction winner, or the refusal of the buyer to pay the seller for the auctioned pigeon, as well as for any other disputes or issues arising between seller and buyer/winner.
c. To post an auction on the site or participate in posted auctions, the beneficiary must create a user account on the provider's website.
d. Each auction added by the user will be paid for in advance by the user, and it will only be checked, validated, and posted on the provider's platform if it meets the minimum accepted requirements (clear photos of the pigeons offered for auction, legible pedigrees, accurate information, etc.). Pornographic photos, obscene texts, or other types of photos/texts with pornographic/offensive/insulting content sent to the provider for validation, which do not refer to the object of the contract (posting/promoting pigeon auctions), will result in the refusal to post on the site, the blocking of the user account, and the inability to refund the paid amount.
e. Validated, approved, and posted auctions on the platform cannot be modified without the provider's consent.
f. The beneficiary, seller, buyer, winner, bidder confirms that they engage in legal activities. Therefore, any suspicious, illegal, or non-compliant activities with the provider's policies conducted by a user, reported and proven against a user who has not fulfilled obligations in the seller-buyer relationship regarding auctioned pigeons, will result in the immediate blocking of the account without prior notice, as well as the cancellation of the price bid by the respective user.
g. Auction prices are posted in EURO. Buyers from Romania will pay for the won pigeons in RON (at the BNR exchange rate on the payment day), while buyers from outside the country will pay in EURO, or as agreed with the seller.
h. Each pigeon auction page will display starting price, current price, final price, seller, bidder, winner, pigeon photos, description, references, pedigree, etc.
i. Placing a bid for a pigeon is done using the "Place Bid" button, and users can also preset/set a maximum price they wish to bid. The platform’s automated system will bid on their behalf up to the maximum price entered.
j. The auction platform displays posted auctions and bids entered by users in real time. However, it is recommended to refresh the browser page to avoid possible delays or loss of the auction.
k. The bidding steps for manually entered amounts are:
1 EURO to 99 EURO – 5 EURO/bidding step
100 EURO to 299 EURO – 10 EURO/bidding step
300 EURO to 499 EURO – 15 EURO/bidding step
500 EURO to 999 EURO – 25 EURO/bidding step
over 1000 EURO – 50 EURO/bidding step
l.The bidding steps for the maximum automatically placed bids will respect the conditions provided at point k. Offers placed through the provider’s automated bidding system will be considered valid even if bidding steps can no longer be followed due to unforeseen circumstances, created by users who inadvertently set too close automatic maximum bid prices to one another (each user's maximum bid is confidential).
m. The extension of each auction becomes possible only when the remaining auction time is less than 5 minutes and only if a new price offer is placed by a bidder. In such cases, the auction time will increase by 5 minutes whenever necessary.
n. The winner is the user with the highest bid placed at the time the allocated auction time runs out.
o. Users cannot blame or hold the provider responsible in any way for the improper functioning of the auction platform.
p. Legal entities and lofts will contact the provider to establish applicable fees before paying for posting options on the site (a different fee plan will apply for these entities).
r. Terms of understanding:
*Active auctions represent ongoing, unfinished auctions posted on myloft.ro <<< auction module >>>
*Finalized auctions represent finished auctions posted on myloft.ro <<< auction module >>>
*Premium auction represents an auction promoted by the provider as follows:
*Current price represents the highest bid placed by a user or the provider’s automated bidding system.
*Starting price represents the initial price of a pigeon auction.
*Final price represents the purchase price of a pigeon at the auction's conclusion.
*Maximum automatically placed bid represents the amount entered and placed by a user for automatic bidding on their behalf in their absence. If two bidders place the same amount and no further bids are made, the system will award the pigeon to the user who placed the bid first.
*Seller represents the auction organizer who offers pigeons for sale.
*Bidder/user represents a person bidding or participating in the auction.
Modification of the Agreement
The provisions and clauses agreed upon in this contract have been established by mutual agreement between the beneficiary and the provider, in accordance with the law, under the principles of contractual freedom, and represent the legal basis for all services provided by the provider. The provider reserves the right to modify, change, or add new terms and conditions to this document if necessary. Acceptance of the services after these changes are published represents the beneficiary’s agreement to the modification of this document. The modified agreement between the parties is concluded by the Beneficiary ticking the “I AGREE WITH” boxes for a new payment for using the auction platform services or other selected options.
Termination of Services
The provider may irrevocably terminate the provision of the contracted service under this agreement if the beneficiary fails to comply with this agreement or if the beneficiary has provided false information during registration.
Responsibility for Account Information
Access to the beneficiary’s user account will be made with the email address used to register the account on the myloft.ro <<< auction module >>>. The beneficiary is responsible for maintaining the security of their account and is liable for all activities conducted within and from their account. The beneficiary agrees to notify the provider in case of unauthorized access. The provider does not assume any responsibility for any loss or damage related to the beneficiary and unauthorized access to their account. The provider is not responsible, in any way, for the actions or omissions of the beneficiary.
Force Majeure
Force majeure refers to any circumstance that is unforeseeable, insurmountable, and beyond the control of the Party, which leads to non-performance or improper performance of any contractual obligation, such as, but not limited to: natural disasters, internet service interruptions, cyber-attacks, wars, uprisings, strikes, restrictions, and/or other governmental decisions, etc. Force majeure excuses the Party invoking it from liability, provided written notification is given within 5 (five) days of the occurrence of the force majeure event. For Saint Angel SRL, the force majeure event can be announced on the myloft.ro website within a maximum of 2 days from the end of the force majeure event, and the above notification will be considered fulfilled.
Final Clauses
The user acknowledges and agrees that the provider has the right to delete any information in their account after a period of nine days from its entry, including the deletion of any finalized auctions from the site. This document constitutes an agreement between the provider and the beneficiary, allowing the use of the platform as well as assistance in using it, governed by Romanian law. Any dispute or claim arising from or in connection with this document, its application or interpretation, or due to any alleged breach, non-compliance, or distortion concerning any of its provisions that cannot be resolved amicably within 30 (thirty) calendar days from the first written notification regarding such events will be exclusively and definitively resolved by an arbitrator appointed by mutual agreement. If the parties cannot agree on an arbitrator within 60 calendar days from the first written notification, the common law courts at the headquarters of Saint Angel SRL (Mureș County) will have jurisdiction.
Contract Annex on Personal Data Confidentiality
Special Provisions
The above-mentioned personal data will be used only for the mentioned purposes and will be maintained in the database of Saint Angel S.R.L. for a period of 12 months or until written notification from the applicant to office@myloft.ro or office@myloft.ro, or by mail to the company’s headquarters at Nazna, Sincraiu de Mures, Violetelor Street No. 13C, Mureș County, Romania, after which unnecessary data will be destroyed and recorded in the destruction log, while data requiring archiving will be archived.
The most important provisions strengthen the rights of individuals, specifically the right to access data (art.15), the right to rectification (art.16), the right to be forgotten (art.17), the right to restriction of processing (art.18), the right to data portability (art.20), the right to object (art.21), the right not to be subject to automated decisions (art.22), the right to compensation (art.82), and the right to lodge a complaint (art.77) in case of violation of the data subject's rights guaranteed by GDPR - EU Regulation 2016/679 regarding the protection of individuals in relation to the processing of personal data and the free movement of such data. You also have the right to object to the processing of your personal data and to request its total or partial deletion. To exercise these rights, you may send a written request to S.C. Saint Angel S.R.L. at the address provided in the contract. You are also entitled to seek legal redress for any infringement of your rights regarding the processing of personal data.
a. By completing the online user account form and accepting the contract in electronic format (ticking the “I AGREE WITH” boxes), the Provider confirms and agrees that the services are provided according to the terms of this Contract;
b. The contract will come into effect on the date it is signed by all parties, in accordance with point 9.C).
c. The contract will be concluded in electronic format by ticking the “I AGREE WITH” boxes on the user account creation form by the Beneficiary, available on the Provider’s website pages. In this case, the contract will be concluded as soon as the Provider sends a message (in electronic format) by email or written notification to the Beneficiary, informing them that the request for a new user account has been approved. The Provider may refuse to conclude the contract for any reason and without any obligation or specifications in this regard, which will be communicated to the Beneficiary as specified above.
d. The Beneficiary will select the desired service package from the order form found after logging into their user account.
e. The Beneficiary confirms that they have access to the platform, have read and agree to assume responsibility according to the terms of this Contract.
The use of personal data for purposes other than those described above or for marketing by transferring data to other third parties is strictly prohibited. We inform you that your personal contact data will be included in our database for the execution of the Terms and Conditions contract. The way we manage the personal data you have provided is part of our responsibility.
