Terms and conditions

 

GENERAL TERMS AND CONDITIONS OF USE AND SALE

PORUMBEI360.RO

1. Definitions and Terms

  • Porumbei360.ro – The commercial name of S.C. Royal Trading and Investments S.R.L., a legal entity of Romanian nationality, with its registered office in Vaslui, Moara Grecilor, 17Bis Gheorghe Doja Street, and its operational office in Bucharest, 56 Timișoara Boulevard, registered with the Trade Register under no. J40/3637/2011, Unique Fiscal Registration Code (CUI) 28249029.

  • Seller / Organizer – S.C. Royal Trading and Investments S.R.L. (Porumbei360.ro).

  • Buyer / Customer / User – Any natural person at least 18 years of age (having full legal capacity) or a legal entity that creates an Account on the Site, accesses Content through any means of communication (electronic, telephone, etc.), places an Order, or participates in an Auction.

  • ID (Username) – A pseudonym through which a registered User/Customer/Buyer can add Content to the Site or place bids within auctions.

  • Account – The section of the Site consisting of an e-mail address and a password that allows the Buyer to submit an Order/bids and contains information regarding their history on the Site (Orders, fiscal invoices, auction details, etc.). The User is solely responsible for the accuracy of the entered data.

  • Site – The online store and auction platform hosted at the address porumbei360.ro and its subdomains.

  • Order – An electronic document that serves as a form of communication between the Seller and the Buyer, through which the Buyer expresses their intention to purchase Goods and Services from the Site.

  • Content – All information, descriptions, pedigrees, static/dynamic images, prices, rates, or e-mails transmitted by the Seller on the Site or through its employees.

  • My Cart – The section of the Account that allows the Buyer to add Goods or Services they wish to purchase. Adding items to the cart, in the absence of completing the Order, does not constitute a reservation of the item.

  • Transaction – The collection or refund of an amount resulting from the sale or adjudication of a Good and/or Service by S.C. Royal Trading and Investments S.R.L. to the Buyer, utilizing the services of the approved card processor.

  • Specifications – All specifications, descriptions, or pedigrees of the Goods and Services (including pigeons) as stated on the Site.

2. Online Sales Policy

  • 2.1. Access for the purpose of placing an Order or participating in auctions is permitted to any Customer/Buyer who holds a valid account and meets the age requirement (minimum 18 years old).

  • 2.2. Right of Restriction: For justified reasons (including, but not limited to: previously refused orders, a history of non-payment, disrespectful behavior, attempted fraud, or actions that may harm the company), S.C. Royal Trading and Investments S.R.L. reserves the right to restrict the Customer's access to placing an Order/Auction and/or to certain accepted payment methods. The Customer may contact vanzari@porumbei360.ro or call 0756.951.100 to be informed about the reasons for applying these measures.

  • 2.3. Information and promotions displayed on the Site are valid within the limit of available stock and for the time periods specified by the Seller.

  • 2.4. Under the conditions provided by law, the displayed price of electronic Goods includes the Green Stamp Tax. If the Customer requests details regarding the exact amount, they shall contact the Seller at the details mentioned above.

  • 2.5. Currency Costs: In the case of online payments, the Seller is not responsible for any additional costs incurred by the Buyer (bank fees, currency conversions applied by the card-issuing bank if the card currency differs from RON). This responsibility rests exclusively with the Buyer.

  • 2.6. Informational Value: All information used to describe the Goods on the Site (static/dynamic images, multimedia presentations, descriptions) is solely for presentation purposes and does not represent a contractual obligation on the part of the Seller.

3. Order, Stock Availability, and Conclusion of the Contract

  • 3.1. The Customer can place Orders on the Site by adding the desired Goods and/or Services to the shopping cart and completing the checkout process.

  • 3.2. Adding a Good or Service to the shopping cart does not reserve it and does not guarantee its availability in stock.

  • 3.3. After submitting the Order, the Customer will receive an automated confirmation of its receipt. This automated confirmation is purely for informational purposes and does not constitute acceptance of the Order by the Seller.

  • 3.4. The distance contract between the Seller and the Buyer is considered concluded exclusively when the Seller sends an explicit confirmation regarding the validation and/or shipment of the ordered Goods, following verification of their actual availability in the physical stock.

  • 3.5. The Seller reserves the right to refuse, cancel, or modify an Order if:

    • a) the product is no longer available in stock;

    • b) there are obvious technical errors regarding the price, description, or availability of the product;

    • c) there are suspicions of fraud, abusive use of the platform, or the provision of incomplete or incorrect data;

    • d) the order cannot be fulfilled due to reasons independent of the Seller's will.

  • 3.6. If the Customer made the payment before the product's availability was confirmed, and it is subsequently found that the product cannot be delivered, the Seller's obligation is limited to a full refund of the amounts actually collected.

  • 3.7. Refunds of paid amounts will be processed within a maximum of 14 calendar days from informing the Customer of the impossibility of fulfilling the order, using the same payment method, unless the parties agree otherwise.

  • 3.8. Instead of a refund, the Customer may opt to purchase another product available on the Site, of equal or greater value, by paying any price difference.

  • 3.9. The Customer expressly accepts that making a payment prior to the confirmation of product availability does not create an obligation for the Seller to deliver an unavailable product and does not constitute a breach of contract by the Seller if the order is cancelled due to a lack of stock.

  • 3.10. Within the limits permitted by applicable consumer protection legislation, in the event of an Order cancellation due to a lack of stock, the Seller's liability is strictly limited to the refund of the amounts actually collected, without any obligation to grant compensation, penalties, or other indirect damages.

4. Invoicing - Payment

  • 4.1. Prices of Goods and Services displayed on the website www.porumbei360.ro include V.A.T. according to the legislation in force. The price, payment method, and payment terms are specified in each Order.

  • 4.2. > ???? IMPORTANT (Recalculation of shipping costs for heavy goods / sacks):

    For Orders containing heavy products (such as, but not limited to: feed sacks, bulky accessories, breeding boxes, etc.), the shipping cost initially displayed on the Site or automatically generated by the platform is strictly an estimate. Due to the volume of the goods and tariff fluctuations generated by market fuel prices, the final shipping cost will be recalculated by the Seller. The final price determined for transport carried out via our own fleet or the Pall-Ex Romania network will be communicated to the Buyer (via phone or e-mail) before the goods are dispatched. The Buyer has the right to accept the new cost or cancel the Order without any penalty, in which case any amounts paid in advance will be fully refunded in accordance with the clauses of this document.

  • 4.3. > ???? IMPORTANT (International Shipping Rates & Strict Policy):

    International shipping costs are entirely different from domestic (Romanian) shipping rates. They cannot be automatically calculated at checkout. The final cost of international transport will be calculated manually by the Seller after the order is received, depending on the destination country, volume/weight, and current international fuel surcharges, and will be communicated to the Buyer via e-mail.

    International orders DO NOT support the Cash-on-Delivery (COD / Ramburs) system. International shipping requires 100% advance payment of both the products and the recalculated shipping fee via bank transfer or secure online card payment.

  • 4.4. The Seller will issue an invoice to the Buyer for the delivered Goods and Services (including the agreed final shipping cost); the Buyer is obligated to provide all necessary information for invoice issuance in compliance with the legislation in force.

  • 4.5. The Seller will transmit the invoice associated with the Order exclusively in electronic format, either by adding the invoice to the Buyer's Account or via electronic mail (e-mail). By submitting the Order, the Buyer expresses their agreement to receive invoices electronically.

  • 4.6. For proper invoice communication, the Buyer is responsible for updating their Account data whenever necessary and accessing the documents available in the Account. If these information pieces are unavailable for more than 48 hours in the Account, the Client is requested to report this issue to vanzari@porumbei360.ro.

  • 4.7. Account Security: For Transaction security, the User is advised not to remain logged into the Site and not to set the automatic login option on mobile devices. Disclosing the account access password is not permitted; a strong password is recommended (minimum 8 characters, upper/lower case letters, numbers, and special characters).

5. Delivery and Transfer of Ownership of Goods

  • 5.1. The Seller undertakes to deliver the Goods via standard courier systems, through the Pall-Ex Romania pallet distribution network, through international freight forwarders, or via its own fleet, depending on the selected option and the specific nature of the ordered goods, both within Romania and abroad. The Seller will ensure proper packaging and the transmission of accompanying documents.

  • 5.2. For deliveries of heavy or palletized goods (feed sacks), delivery via Pall-Ex Romania or our own fleet will be performed up to the point where the transport vehicle has safe access (unloading from the truck/machinery; any subsequent handling inside the yard/warehouse is the sole responsibility of the Buyer).

  • 5.3. Condition for Dispatching International Orders: If an order is bound for international shipping, it will only be prepared and dispatched if the products are confirmed in stock AND after the full payment for both the products and the recalculated international transport cost has successfully cleared into the Seller's bank account. If the foreign buyer fails to pay the transport fee, the order will be cancelled.

  • 5.4. Transfer of Ownership: Ownership of the Goods will be transferred upon delivery, strictly after full payment has been made (goods + recalculated and agreed transport cost) by the Buyer at the location indicated in the Order. Delivery is defined as signing the receipt of the transport document provided by the courier/carrier (CMR, AWB, receipt ticket) or signing the receipt directly on the fiscal invoice in the case of deliveries handled by the Seller's personal staff.

6. Porumbei360.ro Online Auction Regulations

Section 1. The Auction Organizer

Pigeon auctions held on the porumbei360.ro web platform represent a public bidding competition through which racing pigeons of various ages are offered for auction. The auction is available exclusively to Participants holding a valid account. The auctions are designed and managed by S.C. Royal Trading and Investments S.R.L. These regulations are mandatory for all participants.

Section 2. Duration of the Auctions

Online auctions do not have a fixed calendar; they take place periodically on the days and time intervals established by the Organizer. Should the Organizer decide to cancel, postpone, or change the dates, this will be announced in advance on the Site, and the changes will only apply to future auctions.

Section 3. Rights and Conditions of Participation

The auction is open to all natural persons at least 18 years of age, regardless of nationality, residence, race, sex, or religion, residing within or outside Romania, who respect the conditions of these Regulations, as well as to legal entities. All data provided must be complete, true, and correct; otherwise, it will not be possible to validate the Participant or hand over the won item.

Section 4. Personal Data Protection

All Participants are guaranteed their rights in accordance with Romanian Law 363/2018 and Regulation (UE) 2016/679 (GDPR) regarding the protection of natural persons with regard to the processing of personal data (the right to information, access, rectification, objection, erasure, and the right to appeal to the courts/ANSPDCP).

Section 5. Auction Mechanism

  • 6.5.1. Auctions take place online in the dedicated section: http://www.porumbei360.ro/licitatii. To participate, users must be logged into an account that is completed with real first/last names, a valid address, phone number, and e-mail.

  • 6.5.2. Once logged in, users place a bid higher than the starting price or the previous bid. The bidding increment is determined automatically by the system based on the current value bracket reached.

  • 6.5.3. Bidding Limit: Each Participant may be allocated a limit amount of money (maximum credit ceiling), preventing them from bidding above this threshold. This ceiling can only be increased by contacting the Organizer and obtaining their approval.

  • 6.5.4. Blitz Price: Represents an amount which, once reached by placing an equal or higher bid, automatically results in the immediate adjudication of the pigeon by that respective Participant.

  • 6.5.5. Auto Bid: A feature that allows the system to automatically place a higher bid using the minimum increment whenever another Bidder places an offer, up to the maximum amount set by the user.

  • 6.5.6. Automatic Extension (Anti-Sniping): The auction for a pigeon is automatically extended by 15 minutes if a Participant places a bid within the last 15 minutes of regular time. Any bid placed within this extension interval will trigger a new 15-minute extension. This process repeats until a full 15-minute interval passes without any new bids or until the blitz price is met.

  • 6.5.7. DNA Test: If a participant requests a DNA TEST, the displayed cost of 50 EUR is valid only for the won pigeon and only if the parents are already registered with valid DNA profiles. Otherwise, the DNA tests for the parents must also be paid, at a rate of 50 EUR per pigeon.

  • 6.5.8. Participants have the option to be notified via e-mail when their bid has been outbid.

Section 6. Verification of Participants and Cancellation of Bids

  • 6.6.1. The Organizer reserves the right to suspend, restrict, or close any account and to cancel any bid or adjudication if there are reasonable indications of:

    • providing false, incomplete, or misleading data;

    • the use of multiple accounts by the same person;

    • attempts to manipulate auctions or fraudulent agreements;

    • non-payment of previous winnings;

    • abusive, offensive, or fraudulent behavior;

    • violation of these Regulations.

  • 6.6.2. For identity verification purposes, the Organizer may request additional identification documents (e.g., a scan/copy of the I.D.). Refusal to provide them within 48 hours may lead to the suspension of access to auctions. The data provided will be processed in full compliance with applicable GDPR rules.

  • 6.6.3. Participants who fail to pay for adjudicated items within the timeframe provided by the Regulations may be permanently blocked from the platform and lose their right to participate in future auctions.

Section 7. Adjudication of Auctions, Deadlines, and Measures for Non-Payment

  • 6.7.1. An auction is won by a single person (the one who placed the last and highest valid bid upon time expiration). The object of the auction consists of a pigeon. After completion, the winner will be contacted using the account data to arrange delivery/pickup details. The Organizer is not responsible for erroneous contact data provided by the Participant.

  • 6.7.2. By participating in the auction and being declared the winner, the Participant cannot renounce the win and is obligated to pay the full value of the pigeon within a maximum of 5 business days from adjudication.

  • 6.7.3. For each day exceeding the 5-business-day payment deadline, the Organizer reserves the right to apply contractual penalties of 1% per day of the value of the won item until the due amount is covered, or to cancel the win and permanently block the user's account.

  • 6.7.4. In the event of non-payment, acceptance of these Regulations constitutes the firm agreement of the Buyer regarding their asset liability. The Organizer reserves the right to take legal action provided by the Civil Procedure Code to recover damages (including through the competent courts at the Seller's registered office, obtaining an enforceable title, and enforcement through an authorized bailiff, with all court and execution costs being borne by the defaulting Buyer).

  • 6.7.5. Transport: After the payment is completed within the legal timeframe, the Buyer will receive the transport offer. If the owner/organizer of the auction cannot find a transport solution, the task falls upon the Buyer. The Buyer agrees to pick up the pigeon from the operational office in Bucharest or another location accepted by the Seller. If the buyer cannot arrange pickup either, they will pay a fixed fee of 100 EUR for a special delivery to the town/city mentioned in their account. The winner cannot request a product swap under any circumstances.

Section 8. Payment of Goods Won in Auctions

  • 6.8.1. Payment is made either in cash (within legal ceilings) at the Organizer's operational office in Bucharest, 56 Timișoara Boulevard, or via bank transfer into the provided bank account within a maximum of 5 business days from adjudication, or via cash-on-delivery (COD) strictly where this option is logistically feasible and explicitly approved by the Organizer (applicable only inside Romania).

  • 6.8.2. The shipping price will be added to the final adjudication price.

    • Domestic Transport (Romania): Approx. 50 RON.

    • International Transport: Depending on the destination country, generally between 30–50 EUR for pigeons, or manually recalculated based on weight/fuel prices for heavy items. International transport must be paid 100% in advance via bank transfer or card; COD is not available for international shipments. All transport fees are borne entirely by the winning Participant.

7. Limitation of Liability and Disclaimers

  • 7.1. The Seller cannot be held responsible for damages of any kind that the Buyer or a third party may suffer as a result of the Seller fulfilling its obligations under the Order, nor for damages resulting from the use of the Goods and Services after delivery (specifically for the loss, straying, injury, or death of birds).

  • 7.2. By creating and using the Account, the Customer assumes full responsibility for maintaining the confidentiality of Account data (username and password) and is responsible for all activity conducted through it.

  • 7.3. Technical Disclaimer: The Organizer does not guarantee or represent that the auction processes will be uninterrupted or error-free. The Organizer is not responsible for data loss, interrupted internet connections, cyber attacks (hacking), viruses, or system errors that may prevent users from placing bids during live auctions.

  • 7.4. > ???? SPECIFIC DISCLAIMER (Pigeons and Pedigrees):

    The Organizer offers pigeons for sale/auction based on the documents, certificates, and pedigrees provided directly by the partner breeders. The Organizer assumes no legal or material responsibility for the accuracy of the pigeon's sex (which is determined visually by the breeder) nor for any erroneous data inscribed in the original pedigrees handed over by the breeders. Furthermore, the Seller provides no warranty, express or implied, regarding the future breeding capacity, homing ability, or racing performance of the purchased pigeons.

8. Modification of Terms and Disputes

  • 8.1. The Terms and Conditions may be modified at any time by Royal Trading and Investments S.R.L., becoming binding on Customers from the date they are displayed on the Site. Modifications cannot have retroactive effects. The Organizer is not responsible for ensuring that Participants have read the modifications, as long as they are published on the Site.

  • 8.2. In the event of force majeure and/or a fortuitous event according to Romanian legislation in force, making it impossible to continue the auction or deliver orders, the Organizer may temporarily or permanently interrupt its activity, making the necessary changes, without users being entitled to claim compensation.

  • 8.3. This contract is subject to Romanian law. Any disputes arising between the Seller and Customers will be resolved amicably. If an amicable solution is not possible, the dispute will be settled by the competent Romanian courts at the Seller's registered office.

Return Policy and Legal Exceptions

  • General Right: According to OUG 34/2014, a Buyer who is a natural person has the right to withdraw from the contract within 14 calendar days of receiving the product, without needing to justify their decision. The shipping cost for the return is fully borne by the Buyer.

  • ⚠️ VITAL EXCEPTIONS (What CANNOT be returned): In accordance with Art. 16 of OUG 34/2014, the following are exempted from the right of return:

    • Products that are liable to deteriorate or expire rapidly (perishable goods, short-term supplements).

    • Sealed products which are not suitable for return due to health protection or hygiene reasons and which were unsealed by the consumer (e.g., opened feed sacks, unsealed supplements, treatments, or vitamins).

    • The supply of goods made to the consumer’s specifications or clearly personalized.

    • Live Animals (Pigeons): Given their specific nature (living beings) and biological/sanitary-veterinary risks (risk of contamination, transport stress), pigeons won in auctions or purchased directly cannot be returned due to impulse changes of mind or buyers' remorse post-delivery, as the biological safety of the flocks remains paramount.

Warranties and Complaints

  • Products sold on the Site (excluding live animals) benefit from the legal warranty of conformity according to the legislation in force (Emergency Ordinance no. 140/2021).

  • Any complaint regarding visible defects of the received products (e.g., sacks torn during transport, broken accessories) must be brought to the Seller's attention within 24 hours of receipt, via e-mail accompanied by proving photographs taken at the moment of unloading (in the presence of the courier or the Pall-Ex carrier). Subsequent complaints will not be taken into consideration, as it will be presumed that the defect occurred post-delivery.

Dispute Resolution and Complaints

  • If you have an issue with a product or an order, please contact us first at vanzari@porumbei360.ro for an amicable resolution.

  • If an agreement is not reached, you have the right to submit a complaint through the ODR (Online Dispute Resolution) platform managed by the European Commission, or to the Alternative Dispute Resolution (ADR/SAL) Directorate within the ANPC (National Authority for Consumer Protection in Romania).

Force Majeure and Sanitary-Veterinary Restrictions

  • In addition to general cases of force majeure, the Seller/Organizer is exonerated from any liability regarding the delay or impossibility of delivering pigeons in the event of official sanitary-veterinary restrictions (e.g., biosecurity quarantines, outbreaks of avian influenza, Newcastle disease, or blockages of national or international transport corridors imposed by ANSVSA or external bodies).

  • In these situations, delivery timelines are suspended by law for the entire duration of the restrictions, without the Buyer being entitled to request liquidated damages, interest, or penalties.

PRIVACY POLICY (GDPR)

1. General Information

S.C. Royal Trading and Investments S.R.L. (hereinafter referred to as "Porumbei360.ro"), acting as a data controller, respects the privacy of its customers and is committed to protecting personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Romanian Law no. 363/2018.

2. What Data We Collect and Why

In order to deliver products or validate your account for participating in auctions, we collect the following personal data:

  • First Name, Last Name, and Delivery/Billing Address: Required for order processing, invoicing, and product shipment (including standard courier services, international freight forwarders, Pall-Ex Romania, or our own fleet).

  • Phone Number and E-mail Address: Required for confirming stock availability, sending automated auction notifications (outbid alerts), coordinating domestic and international logistics, and sending commercial communications (if you opted in for the newsletter).

  • Copy/Scan of the Identity Card (I.D.): Strictly collected for verifying the identity of auction participants in order to prevent fraud and the use of false identities. This data is not stored long-term and is securely deleted immediately after account validation.

  • Traffic Data and IP Address: Automatically collected to ensure website security, prevent cyber attacks, and block any attempts to manipulate online auctions.

3. Legal Basis for Processing

We process your personal data based on the following legal grounds:

  • Performance of a Contract: To process your order or manage your winning auction bid.

  • Legal Obligation: For issuing fiscal invoices and fulfilling mandatory accounting and financial reporting.

  • Legitimate Interest: To protect the platform against fraud, secure the bidding system, and manage commercial risks.

  • Consent: For sending newsletters or marketing communications (only if you explicitly ticked the corresponding box).

4. Who We Share Your Data With

Your data is strictly confidential and will only be shared with trusted partners directly involved in fulfilling your order:

  • The secure online payment processor (partner bank).

  • Logistics and transport companies (domestic couriers, international freight forwarders, or Pall-Ex Romania).

  • Partner breeders (strictly in specific logistical cases regarding pedigree transfers or direct transport coordination, if applicable).

  • Public authorities (ANAF, ANSVSA, courts of law), only in the event of a legal obligation or litigation.

5. Data Retention Period

Data associated with your account and your purchase/bidding history will be kept for the duration of your user account. Fiscal invoices and data from accounting documents will be retained for 10 years, in accordance with Romanian tax legislation.

6. Your Legal Rights

Under the GDPR, you have the following rights, which you can exercise by submitting a written request to vanzari@porumbei360.ro:

  • The right to access and rectify (correct) your data.

  • The right to erasure ("the right to be forgotten") - except for data we are legally required to retain (e.g., invoices).

  • The right to object to direct marketing or withdraw your consent.

  • The right to lodge a complaint with the National Supervisory Authority for Personal Data Processing (ANSPDCP).

COOKIE POLICY

1. What are Cookies?

A "Cookie" is a small file consisting of letters and numbers that is stored on the user's computer, mobile device, or other equipment used to access the internet. These files are completely passive (they do not contain software programs, viruses, or spyware).

2. Why Do We Use Cookies on Porumbei360.ro?

These files allow our website to recognize your device and present content in a relevant manner, tailored to your preferences. On our site, cookies are essential for:

  • Shopping Cart Functionality: Keeping products in your cart during your session.

  • Authentication Session: Keeping you logged into your account while you browse or bid (so you do not have to re-enter your e-mail and password on every page).

  • Auction Functionality: Updating active bids in real-time (including the Auto Bid feature).

  • Analysis and Statistics: Google Analytics (to understand how visitors navigate our site, without personally identifying them).

3. Types of Cookies We Use

  • Strictly Necessary Cookies: Without these, the website cannot function (e.g., logging into your account, processing an order, or placing bids in auctions). These cannot be disabled.

  • Performance and Analytical Cookies: These help us measure traffic (e.g., Google Analytics). They can be disabled via the cookie banner.

  • Marketing / Advertising Cookies: Used to display relevant advertisements to you on other websites (e.g., Facebook Pixel).

4. How Can You Block or Delete Cookies?

You can restrict, block, or delete cookies by changing the settings of your web browser (Chrome, Firefox, Safari, Edge).

⚠️ Please Note: Disabling strictly necessary cookies will make it impossible to use your account, place orders, or actively participate in auctions on porumbei360.ro.

Acceptance of the website's Terms and Conditions is confirmed by ticking the corresponding checkbox on the Site and/or by submitting an Order and/or by placing a bid within the Auction section.