TERMS AND CONDITIONS
Terms and Conditions of online auctions conducted by WRPA24 Spółka z ograniczoną odpowiedzialnością
§ 1 Introductory regulations
- These Terms and Conditions of Internet auctions held by WRPA24 Spółka z ograniczoną odpowiedzialnością define the principles of providing services electronically by WRPA24 Spółka z ograniczoną odpowiedzialnością consisting in enabling the providing of pigeon auctions for the benefit of Users from all over the world who can submit bids for sale and/or purchase via the Auction Portal (hereinafter referred to as: the Portal) at the web address https://wrpa24.com within the purchased subscription.
- Provider – allows Users to maintain an account, technical handling of auctions and submission of bids to Portal Users, providing through the portal contact between them; however, does not participate in transactions made on the basis of organized auctions, is not a party to them and does not act as an intermediary in the payment of prices for Items purchased in auctions or for other additional costs, and does not bear any responsibility for this; all transactions are made directly between the Owner and the Bidder (winner) under the conditions indicated in the auction description.
- The Provider does not charge a commission on the sale of pigeons.
- The purpose of the auction is to select the most advantageous purchase offer for the Owner.
- The announcement or the terms and conditions of the auction set forth in these Rules may be changed only by the Provider.
- The Provider may cancel the auction at any time.
- Services within the Portal are provided to: adult natural persons with full legal capacity, who are entrepreneurs or consumers, legal persons or organizational units without legal personality, acting through their representative authorized to represent them, who, as a result of registration to the Portal, received a login and password and gained access to electronic services provided through the Portal according to the principles specified in the Terms and Conditions.
- The condition for using the Portal is the use of an electronic device with access to the Internet, equipped with one of the Internet browsers that supports JavaScript.
- The Provider shall have the right to suspend or temporarily restrict the use of the Portal or any part thereof.
- In order to provide the services covered by these Terms and Conditions, WRPA24 Limited Liability Company may use the services of subcontractors or intermediaries.
- Registration in the Portal means acceptance of the Terms and Conditions.
- Both the rates for the purchase of an account on the Portal and the prices of pigeons put up for auction are given in EURO.
§ 2 Definitions
The definitions used in the Terms and Conditions have the following meaning:
- Terms and Conditions – means these Terms and Conditions of the auction portal belonging to WRPA24 Spółka z ograniczoną odpowiedzialnością, constituting the basis of the legal relationship between the User and the Provider defining the principles of using the Portal.
- Provider – WRPA24 Spółka z ograniczoną odpowiedzialnością, on behalf of which acts the Management Board of WRPA24 Spółka z ograniczoną odpowiedzialnością , with headquarters in Lublin, Al. Racławickie 33/26a,, 20-049 Lublin.
- Subscription – prepaid right to use the possibility to offer for sale Items within the online auctions organized on the Portal.
- User – a natural person of full legal capacity, being an entrepreneur or consumer, as well as a legal person, an organizational unit without legal personality, acting through its representative authorized to represent it, registered on the Auction Portal, who, as a result of registration, has received a login and password and has gained access to electronic services provided through the Portal according to the principles specified in the Regulations.
- Auction – a form of sales of homing pigeons via the https://wrpa24.com website, organized in the form of an auction (bidding competition), involving electronic submission by Users of individual offers to purchase homing pigeons within the meaning of Article 66 § 1 of the Civil Code, which is the subject of the auction; the purpose of the auction is to select a purchaser of the pigeon that is the subject of the auction;
- Purchase offer – means a User’s offer to purchase a homing pigeon, within the meaning of Article 66 of the Civil Code, which is the subject of the offer, including the maximum price including applicable tax, for which it declares its intention to purchase the pigeon binding from the moment of its submission.
- Auction portal – means the website available at: https://wrpa24.com, on which the Provider allows Users to make bids for the sale and purchase of homing pigeons.
- Owner – subject that owns the homing pigeon to which the auction relates; information about subject that is the owner is provided each time on the auction page.
- Bidder – a User who has made an offer through the Portal for the purchase of a homing pigeon (Item) displayed in an auction.
- Item – means a Homing Pigeon presented in the Auction Portal.
- Overbid threshold – the minimum amount by which the highest bid submitted so far in the auction conducted in the bidding mode must be overbid in order for the Bidder to submit its own purchase offer.
- Winner – a Bidder who has participated in an auction and, after the end of the auction, has been marked by the Provider as the winner of a given auction and is entitled to purchase an Item.
§ 3 Applicability of the Terms and Conditions
- Registration on the Portal implies unconditional acceptance of the provisions of these Terms and Conditions; before participating in the auction, each Bidder is required to familiarize himself with the rules set forth in the Terms and Conditions.
- The User shall be informed of changes to the Regulations through the Portal, including through information addressed directly to the User.
- Each User is obliged to become familiar with the content of the changes in the Regulations and to accept its new wording by submitting a bid on the Portal after the date on which the changes become effective.
- The User may refuse to accept the changes to the Regulations by refraining from placing bids at auctions organized on the Portal.
- The Regulations in the new wording are binding for the User from the moment of their acceptance.
- The provisions of the Regulations in the new wording apply to all processes of sale of Items whose auctions started after the effective date of the new Regulations indicated by the Provider. To the processes of sale of Items, the auctions of which started before the effective date of the Regulations in the new wording, the provisions of the Regulations in the current wording shall apply.
§ 4 Registration in the Auction Portal
- A condition for submitting a bid is the User’s registration in the Portal by completing the registration form, accepting the terms of the Privacy Policy available at https://wrpa24.com.
- In the registration form, the User is obliged to indicate personal data of a natural person who is a person authorized to make binding declarations of intent and act on behalf of the User.
- After completing the registration form, in the case of creating a free account – a message with a link to confirm registration is sent to the e mail address provided by the User. In the database, the IP address and e-mail address are saved for the User with information that the User is entitled to benefits for the first registration. In the case of creating a paid account if the payment has not been completed – a message with a link to confirm registration is sent to the e mail address provided by the user. His account is given the type “Free” on the screen shows a message: your account needs verification. Payment was rejected your current package is “Free account”. To increase your account package, confirm your registration by clicking on the activation link in your mailbox, then go to “My Account > Payment” and redeem the package again. If the payment has been made – a message with a link to confirm registration is sent to the e mail address provided by the user, and his account receives the type redeemed during registration.
- Activation of the User’s account is made automatically after confirmation of the activation link.
- The Provider reserves the right to refuse to activate the account, deactivate, suspend, block or delete the User’s account without giving any reason.
- When registering, the registering User selects a unique login and password of the strength suggested by the Auction Portal during registration; the login selected by the User may not contain words or expressions that violate the rights of third parties or are otherwise contrary to the rules of social coexistence; the Provider reserves the right to refuse to activate the User’s account or to block it if it does not meet the above condition.
- The User is obliged to change the password periodically.
- The Provider reserves the right to refuse to activate a User’s account in the event that the registering subject violates the provisions of the Terms of Use, takes actions negatively affecting the operation of the Auction Portal, including those causing disruption to its operation or posing a threat to its security, or has reasonable doubts as to the veracity of the data contained in the registration form.
- One subject with a specific NIP or PESEL/TIN number or passport number may be the holder of only one User account, and individuals may register both as entrepreneurs and as consumers.
- The use of accounts belonging to other Users by Users and non-registered entities is prohibited.
- The possibility of auctioning Items within the Portal is granted only to Users who are logged in and have a selected Subscription.
- Users are not authorized to grant access to their accounts to third parties; the Provider is not responsible for the consequences of providing access to account data to third parties; the actions or omissions of persons to whom the User has provided access to his/her account are considered to be the actions or omissions of the User.
- The Provider reserves the right to request additional documents and information from the User in order to implement adequate security measures in connection with the implementation of obligations arising from the Act of March 1, 2018 on the prevention of money laundering and financing of terrorism (consolidated text, Journal of Laws of 2023, item 1124) or other regulations imposing on the Provider or Owner the need to verify contractors.
- Upon activation of the account between the User and the Provider, an agreement for the provision of services by electronic means is concluded, the subject of which are the services provided by the Provider via the Auction Portal under the terms and conditions specified in the Regulations.
- The User may terminate the agreement for the provision of services by electronic means at any time by submitting to the Provider an appropriate statement on the termination of the agreement for the provision of services by electronic means by selecting an appropriate option (using the “Delete account” button, which is located in the bidder’s panel on the Portal); the termination of the agreement for the provision of services by electronic means shall take place with immediate effect, but not earlier than after the expiration of the submitted bids for the purchase of pigeons and the completion of the initiated purchase transactions; deletion of the account does not cause the withdrawal of the offer made by the User and does not release the User from the obligation to fulfill other obligations arising in connection with the use of the Portal, mainly not entitling the User to demand the return of the whole or part of the price for the purchase of the subscription; the offers made by the User and the auctions won have the effects provided for in these Regulations.
- The Provider reserves the right to block the User’s account with immediate effect in the following cases:
a) violation of the provisions of these Regulations by the User,
b) undertaking by the User of actions negatively affecting the operation of the Portal, including those causing disruptions in its functioning or posing a threat to its security,
c) Reasonable doubts arise as to the veracity of the data included by the User in the registration form or documents submitted by the User,
d) disturbing the competitive course of the auction,
e) Failure to fulfill the bid submitted through the auction by the Bidder who won the auction,
(f) suspension or discontinuation of the User’s business or loss of the User’s entrepreneurial status. - For Users who are consumers, the Provider shall block the account, notifying the User of the reasons for imposing such block.
- The User whose account has been blocked may not participate in subsequent auctions; in the case of blocking a User’s account, the Provider may unblock it, provided that the consequences of the actions that are the premise of blocking the account are removed.
- The Provider reserves the right to verify the User’s data at any time; false, incomplete data or unsuccessful verification thereof shall entitle the Provider to temporarily or permanently block the User’s account, cancel previously placed purchase bids, and delete the User’s account.
- The Provider will be able to delete the accounts of Users after 3 years from the end of the year in which the last login of the User was recorded.
- The User shall be obliged to update the address and contact data registered in the Auction Portal immediately after any change in such data. Failure to do so shall be the sole responsibility of the User.
§ 5 Accounts and Subscriptions
- The user has the opportunity to create the following types of account:
a) Account classic – which gives you the opportunity to register on the Portal as a User and entitles you to organize five auctions free of charge,
b) Paid account Standard – having the functions of the free account and giving the opportunity to organize an additional 30 auctions during the year,
c) Paid account Lux – having the functions of the Standard account and giving the opportunity to organize an additional 50 auctions during the year, create your own breeding page, post pictures of pigeons and basic information related to your business (logo, banner, etc.) and track statistics,
d) paid account Premium – having the functions of the Lux account and giving the possibility to create an unlimited number of auctions, add twenty auctions with the option of highlighting and additional marking of premium Users’ auctions.
- The subscription fee is charged in advance for the full period.
- By paying the fee, the User receives one-year access to the account – counting from the date the fee is credited to the Provider’s bank account.
- The rates of the annual Subscription fee for individual accounts are indicated at https://wrpa24.com.
- The Provider may grant Users promotions and free access to the account.
- If the User does not create as many auctions as provided for and allowed under a given account during the Subscription period, the User is not entitled to a refund of the Subscription fee in whole or in part; in the situation of buying the Subscription for the next period, the User is entitled to create as many auctions as provided for by the type of account to which access was paid for the new period.
- During the period for which the Subscription has been purchased for a chosen account, the User may change the account type only to a more expensive one by making an additional payment, calculated automatically according to an algorithm that calculates the payment in proportion to the value of the purchase fee for the more expensive account and the remaining period of the Subscription; in such a situation, previously created auctions reduce the number of auctions possible to be placed within the more expensive account.
- The Provider shall not be entitled to make changes to the detriment of the User during the term of the Subscription purchased; the rights acquired by the User during the period for which the Subscription was purchased are guaranteed; any change in the prices and rights of the User made by the Provider shall be effective only from the next period, if the Subscription for such a period was purchased.
- In the case of payment by traditional transfer, the user account will be created after the amount is credited to the WRPA24.com bank account
§ 6 Items offered on the Auction Portal.
- The subject of the auction are only homing pigeons owned by the Owner indicated in the auction description.
- One pigeon may be auctioned, which means one auctioned pigeon means one auction.
- All parameters of the auction are determined and posted by the User on his own – in accordance with the technical conditions of the Portal.
- The owner, by providing complete and up-to-date information on the subject of the auction and breeding data on the Portal, declares that all these data are true and that he/she has the right of ownership of the pigeon put up for sale in the auction; in this regard, he/she is subject to full legal liability under the law of the country of his/her registered office/place of residence.
- The current details of the pigeon being auctioned shall be made public through the Portal on the page of the respective auction.
- Bidder’s entry into the auction implies acceptance of the data provided on the auction page.
- Items offered in the auction are not covered by warranty, nor is the Owner’s warranty provided, unless otherwise stated in the auction.
- In the case of contracts for the sale of pigeon, the party to which is the Bidder who is not a consumer in accordance with Article 221 of the Civil Code, the Seller’s liability for physical and legal defects of the Item (warranty) is excluded, and the User by joining the auction accepts the above exclusion.
- Auctions are automatically deleted after 60 days from the date the pigeon was put up for sale.
§ 7 The auction proceeding
- Participation in the auction is possible only after free login to the Portal.
- The auction posted on the Portal includes, in particular:
- a) the end date of the auction,
b) photos and videos and characteristics (species, description, data) of the pigeon sold at the auction,
c) the amount of the starting price,
d) the place where the Auction Item can be viewed and personally acquainted with its qualities,
e) the type of auction held, i.e. auction,
f) the cost of transportation (delivery) of the pigeon,
g) data of the Owner and description of the breeding carried out by him. - Joining the auction is done by submitting a purchase offer through the Portal.
- The prices offered by the Bidders are public information.
- Pigeon prices given during auctions are net amounts; the owner is obliged to add tax to the amount given, calculated according to the value in force in the country of sale, and pay it in accordance with the law in force in his country; by entering the auction the bidder accepts the indicated tax rate.
- The minimum bidding threshold during an auction is 25.00 EURO net or a multiple of this amount, in accordance with automatic settings on the Portal depending on the starting price of the auction item.
- In the case of an auction with a bidding option, the highest price offered is visible in the Portal.
- LIVE auctions start 15 minutes after the end of the regular auction, ends when the last bid is left three times raised by the mechanism. If the LIVE auction is not yet active it takes the value “N/N” The start date of the Live auction is 15 minutes after the end of its counterpart, the regular auction. If the LIVE auction is not yet active this zone is blocked and marked in gray. The current value of the submitted bid (price) – is marked by a bar in a circle, which “goes down” for 8 seconds which is the equivalent of one nailed bid. The bar going down to the end (8 seconds) means that the bid has been nailed. If the bar goes down three times, the last bid is nailed three times, the live auction ends and the winner is the person whose bid was nailed. The price is raised by the value of the raise, which is calculated on the basis of a table with raise ranges.
CURRENT AUCTION PRICE – VALUE RANGE (NET EURO) | MINIMUM PIERCE VALUE (EURO NET) |
to 100 | 5 |
from 100 to 200 | 10 |
from 200 to 500 | 25 |
from 500 to 1 000 | 50 |
from 1000 to 10 000 | 100 |
from 10 000 | 1000 |
- The amount of the price to be raised can not be less than the starting price + the current raise value. The “Raise” button realizes the amount that is currently defined.
- If more than one bid for the same amount is submitted, the order of submission of bids determines the outcome of the auction, i.e. the bid submitted earlier wins.
- The User has the option to enter their own maximum amount for the purchase of a pigeon in the “Your maximum bid” field, which will result in the bids of other Users placed in a given auction being automatically outbid to the last possible bid equal to or lower than the amount set by the Bidder.
- The Owner reserves the right to verify selected purchase bids.
- In case of lack of confirmation of the verified purchase offer or lack of telephone contact with the Bidder, the offer may be rejected.
- The Provider sends an e-mail message to the Bidder’s address with information that the Bidder has submitted the highest purchase offer for the Item, together with information about positive verification of the submitted purchase offer in order to nail the transaction.
- In the case of acceptance of bids (nailing the transaction), an e-mail will be sent by the Provider to the Bidder’s address with the account number for payment for the Item and further instructions on how to proceed.
- The moment of nailing both ends the auction and causes the conclusion of the contract of sale of the Object of the auction.
- Any purchase offer made by a Participant during the auction is binding and cannot be withdrawn.
§ 8 Conclusion of sales contract
The auction in the Buy Now option is won by the Bidder who submits his/her purchase offer first.
The winner is notified by the Organizer via e-mail to the e-mail address given during registration to the Portal about the net price of the Item and the obligation to add tax at the rate in force in the owner’s country or the gross price including the value of tax, as well as information about the owner’s requirements set in the auction, in particular about the terms of payment of the price, the method of payment, the bank account number to which the price of the Item should be paid, the method of collection of the Item, if these data were specified by the owner.
Whenever the prerequisites for the application of the VAT rate applicable to the intra-Community supply of goods or export of the Item outside the European Union are met, the winner undertakes:
a) provide the Owner with a correct and valid identification number for intra-Community transactions,
b) enter into a written deposit agreement with the Owner,
c) pay the full amount of the deposit along with the purchase price,
d) provide the Owner with the documents and declarations required by the Owner by the date specified in the deposit agreement.
If the winner fails to pay the price for the item, fails to provide the documents indicated by the Owner, fails to respond to the e-mail or telephone messages left, or otherwise violates the provisions of these Regulations, the Owner has the right to put the Item up for auction again or offer it to the Bidder who offered a lower price in the auction.
Before making payment, the Bidder is obliged to verify the Owner’s bank account number and the correctness of the e-mail address from which he receives notifications about the auction (correct e-mail address: [email protected]).
The Bidder who is the winner is obligated to pay the sale price of the Item at the time and place indicated by the Owner to pick up the Item at the time and place indicated by the Owner or to pay the cost of delivery of the Item and additional costs including quarantine and delivery of any additional documents required by the Owner.
Failure by the Bidder to pay the price of the Item by the date indicated by the Owner shall constitute a failure by the Bidder to fulfill his bid; this shall result in the loss of the Bidder’s entitlement to conclude a contract for the sale of the Item.
Ownership of the Item passes to the winner upon conclusion of the contract of sale of the Item, except for failure to pay the amounts indicated in the purchase offer – then the ownership of the Item does not pass to the Bidder.
Upon conclusion of the contract of sale of the Item, all burdens related to its storage, transportation or quarantine are transferred to the winner.
The contract for the sale of the Item may be concluded with the use of external financing (e.g. credit); the condition here is, however, the Owner’s consent to finalize the transaction with external financing; the Bidder, who wishes to use external financing, is obliged to send additional documents concerning the conclusion of the sales agreement with the use of external financing indicated by the Organizer; the Bidder is obliged to obtain external financing within 7 working days from the date of obtaining the knockdown (presentation of a promise from a financial institution or signing the agreement); in the case of a transaction using external financing, the sales agreement is concluded upon payment of the price indicated in the purchase offer; the issuance of documents conditioning the obtaining of external financing takes place after sending the financing agreement to the Owner; if external financing is not obtained within 15 calendar days, the winner is obliged to purchase the Item with his own funds.
If the sales contract is not concluded within the stipulated period, the Item may be auctioned again.
§ 9 Collection of the Auction Item
- The winner will be informed of the possibility to pick up (deliver) the pigeon by e-mail.
- Unless otherwise stipulated in the terms and conditions of the auction, the obligation to deliver the auctioned pigeon rests with the Owner, and the cost of delivery shall be borne by the winner; the place of collection of the pigeon by the winner may also be the place of storage indicated in the auction at the time indicated to the winner in the e-mail sent to him.
- The Owner, who is represented by an attorney, shall release the Item by drawing up a protocol of release of the Auction Item signed by authorized persons.
- In the case of collection of an Item by and other person than a consumer who is a natural person or an owner in a sole proprietorship or a member of the board of directors or a general partner or proxy – authorized to perform legal actions related to the collection of an Item, its collection is possible upon presentation of an original written power of attorney in form and content acceptable to the Owner after sending a scan of such power of attorney to the Owner’s e-mail address at least 24 hours before the date of the scheduled collection of the Item; in case of presentation of a power of attorney, the content of which does not include the scope of authorization to collect the pigeon or a copy of the power of attorney or a power of attorney raising doubts as to its authenticity, the Owner shall be entitled to refuse to release the Item and shall not be liable for any expenses incurred by the winner resulting from the attempt to collect the pigeon.
- The person picking up the pigeon is required to have a valid idsubject card or passport; the Owner is entitled to verify the idsubject of the person picking up the Item on the basis of such a document.
- The cost of collecting the Item from the Owner shall be borne by the winner.
- Collection of the Item from the auction shall be at the expense and risk of the purchaser at the place agreed upon by the parties to the contract of sale, unless otherwise agreed upon by the Owner in consultation with the winner or as otherwise indicated on the auction site.
- The risk of loss or damage to the pigeon shall be borne by the winner from the moment of collection from the Owner.
§ 10 Processing of personal data
- WRPA24 Limited Liability Company informs that it is the controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: “personal data” and “GDPR” respectively).
- The Provider will appoint a personal data protection officer, who can be contacted at: [email protected].
- The rules for the processing of personal data by the Provider are contained in the privacy policy adopted and made available to persons using the Portal and Users, available at: https://wrpa24.com/polityka-prywatnosci/.
- The Provider processes the personal data of the User, and in the case of a self-employed User, also of his/her representative and beneficial owner, in connection with the registration and maintenance of the account on the Portal and the implementation of activities related to the User’s participation in auctions made available through the Portal, according to the principles written in the Regulations (hereinafter: “relationship”); the Provider obtains data directly from the User at the stage of account registration to the extent resulting from the registration forms available on the Website of the Portal, as well as in connection with the subsequent updating of the data or the collected history of the User’s activity on the Portal; the Provider may also process the data of the person authorized by the User to receive the Item to the extent disclosed in the sales agreement and on the power of attorney document.
- The legal basis for processing personal data may or may be:
a) consent – i.e. voluntarily given consent to the processing of data referred to in Article 6(1)(a) of the GDPR,
b) contractual requirements – i.e. the need to dispose of the data for the preparation or performance of a concluded contract arising from the relationship referred to in Article 6(1)(b) GDPR,
c) statutory requirements – i.e. the need for the Provider to fulfill its legal obligations under the law, referred to in Article 6(1)(c) GDPR,
d) legitimate requirements of the Administrator – i.e. the need to fulfill the legitimate interests of the Provider, referred to in Article 6(1)(f) GDPR.
- Based on the above legal grounds for processing personal data, the Provider processes or may process the acquired data for the following purposes:
a) for the purposes indicated in the consent – on the basis of the consent – in this case, the consent may be withdrawn at any time, which will not affect the legality of the processing performed on the basis of the consent before its withdrawal; refusal to consent or its withdrawal will result in the Provider not being able to process the data for the purposes indicated in the consent,
b) for the purpose of managing an account on the Portal that allows participation in the auction – based on contractual requirements,
c) in order to handle auctions in which Participants take part, and in the event of winning the auction and obtaining a knockdown in order to handle the transaction of purchase of the Item being auctioned – based on contractual requirements,
d) in order to comply with the law, e.g., tax settlements or the implementation of anti-money laundering and counter-terrorist financing regulations and the fulfillment of obligations imposed on mandatory institutions,
e) in order to assert and defend against claims related directly or indirectly to the relationship – based on the legitimate requirements of the Administrator,
f) for the marketing of products and services, including in some cases preceded by the construction of the Participant’s profile and its analysis by the Provider during the term of the relationship – based on the legitimate requirements of the Administrator or consents (if the nature of the marketing activities requires obtaining them) or after the expiration or termination of this relationship – based on the consent expressed in this regard,
g) in order to handle inquiries made using available communication channels – based on contractual requirements or based on the legitimate requirements of the Administrator, depending on the subject of the inquiry,
h) in order to ensure security, including in the field of IT and risk assessment related to the handling of the relationship, also in some cases related to the building and analysis of Participants’ profiles – based on the Administrator’s reasonable requirements.
- The period of processing of personal data is related to the purposes indicated above; in view of this, the personal data will be processed for the longer of the following periods: the period in which the law prescribes the storage of data or the statute of limitations for potential claims, for the assertion of which it is necessary to dispose of the data.
- The personal data obtained may, as part of their processing for the purposes indicated above, be disclosed to entities other than the Provider – providing services to the Provider, such as debt collection and transportation companies, IT or marketing service providers, auditors, advisors, as well as entities that are authorized to obtain information under the law.
- Processing of data by the Provider is based on the principle of voluntariness, however, refusal to provide data may make it impossible to undertake the activities covered by the application in connection with the relationship; to the extent justified by the applicable provisions of common law, the Provider’s obligation or authority to process data arises from the relevant regulations.
- In the cases and according to the rules set forth in the regulations on the protection of personal data, data subjects have the right to access their data, rectify or delete their data, restrict the processing of their data, object to the processing of their personal data based on the legal basis in the form of the legitimate requirements of the Administrator, as well as to the transfer of personal data.
- Notwithstanding the above, persons whose data is processed by the Provider shall also have the right to lodge a complaint to the competent supervisory authority (President of the Office for Personal Data Protection), indicated in the current law regulating the principles of personal data protection.
- The Provider may transfer personal data outside the European Economic Area (EEA).
§ 11 Complaints and technical problems
- Complaints about the services provided by the Provider may be submitted by e-mail to: [email protected].
- Each complaint should contain at least the name and surname, e-mail address of the complainant, as well as a detailed description of the complaint and a demand for specific behavior by the Provider.
- The complaint will be considered within 14 days of its receipt – in writing by e-mail.
Any problems regarding a particular auction may be reported by e-mail to: [email protected]. - Technical problems should be reported by Portal Users by e-mail to: [email protected] and as such will be removed immediately.
- The Provider is not responsible for any impediments to participation in the auction and use of the Portal resulting from technical reasons.
- Bids ending on the day of technical problems during the hours when the problems occurred shall be extended by 24 hours. In such a case, the auction shall start from the state before the failure occurred.
§ 12 Final regulations
- The Provider does not cover and does not participate in costs incurred by the User in connection with participation in the auction, in particular with travel to the place of eventual inspection of the Item, securing transport or costs of quarantine of the pigeon purchased at the auction.
- Any disputes related to the performance, non-performance or improper performance of sales contracts – concluded on the basis of the Regulations – shall be resolved by the court having jurisdiction over the registered office of the Owner.
- Regulations of Owners of pigeons offered in the auction shall constitute an integral part of these Regulations; the Bidder, accepting these Regulations, also accepts regulations of Owners of Items placed as attachments to the auction; in case of disputes, regulations of the Owner of the pigeon shall prevail over these Regulations.
- The Provider is not responsible for the information provided on the auction site from the Pigeon Owners, nor for any physical or legal defects in the Items offered in the auction.
- A bidder who is an entrepreneur, by submitting a bid, declares to the Owner that he accepts without reservation the condition of the Item (including the legal condition), as well as the condition and completeness of the documentation that the pigeon offered in the auction has.
- Making available information in the form of text, photos and videos other than the presentation of pigeon breeding or pigeon racing, or other data and information necessary to participate in auctions and data necessary to conclude transactions is prohibited and will result in the removal of the User’s account without the possibility of refunding the fee for the purchased account in the case of its completion; the same effect will be caused by the conclusion of agreements by Users affecting the proper course of the Auction; posting illegal content on the Portal will, in turn, result in legal actions related to the assertion of appropriate legal liability.
- A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs.