1. The contractual parties

1.1 WIN PROPERTY MANAGEMENT S.R.L., a Romanian legal entity, with its registered office in Bucharest, Sector 1, str. Barajul Argeș no. 8A, WIN HERĂSTRĂU, Office 1, registered with the Trade Register under no. J40/21017/2017, EUID ROONRC. J40/21017/2017, having the unique registration code 38640988, e-mail: contact@win-alliance.ro, legally represented by the administrator Mr. Pascu Cristian-Emil, and

1.2 PSC CONTRACTOR & DEVELOPER S.R.L., a Romanian legal entity, with its registered office in Bucharest, Sector 1, str. Barajul Argeș no. 8A, WIN HERĂSTRĂU, Office 1, registered with the Trade Register under no. J40/8207/2012, EUID ROONRC.J40/8207/2012, having the unique registration code 30436371, e-mail: contact@win-alliance.ro, legally represented by the administrator Mr. Pascu Cristian-Emil
as authors, owners, users and administrators of the website win-herastrau.ro, hereinafter collectively referred to as "WIN REAL ESTATE",
and

1.3 The Visitor is that person who could manifest any form of direct or indirect interest in the services offered by WIN REAL ESTATE and who accesses the website win-herastrau.ro,
or

1.4 The User is that person who registers to be periodically informed about the services provided by WIN REAL ESTATE, has read and accepts the provisions of this document.

 

2. Subject of the contract

2.1 This document reflects the way in which WIN REAL ESTATE carries out its activity and establishes the relationship of Visitors/Users with WIN REAL ESTATE when interacting with the Site and/or its services.

2.2 By the Site, Visitors/Users will understand the page or series of multimedia web pages https://win-herastrau.ro susceptible to promote and display texts, images, sounds or animations accessible on the Internet to the general public through the HTTP protocol that transfers raw information from the host server directly to the Internet user's browser.

2.3 This Site was created in order to provide, free of charge, to all interested parties, information on the services offered by WIN REAL ESTATE, information on ongoing projects of WIN REAL ESTATE and on projects to be launched, access to WIN REAL ESTATE catalogs as well as information on events to be organized by WIN REAL ESTATE.

 

3. Registration as a User

3.1 Access to the Site in terms of viewing the content is allowed to any Visitor, provided that these Terms and Conditions, as well as the Privacy Policy and the Cookie Policy, are fully complied with, and simple navigation of its pages is not conditional on registration as a User (creation of a user account on the Site).

3.2 If you do not agree to the terms of use which also involve the processing of personal data/information regarding cookies by WIN REAL ESTATE, we ask you not to use this site.

3.3 However, in order to benefit from certain services offered by the Site, such as the transmission of information regarding the services offered by WIN REAL ESTATE, regarding the status of ongoing projects or the start of new commercial projects by WIN REAL ESTATE or information regarding events to be organized by WIN REAL ESTATE, as well as to receive access to WIN REAL ESTATE catalogs, the Visitor will have to register as a User. Registration requires the prior acceptance by the Visitor of the Terms and Conditions and the Privacy Policy and the Cookie Policy.

3.4 User Account means a series of predefined data in electronic format that are voluntarily provided by the Visitor in a conscious and unadulterated manner; collected, processed and duly recorded in the secure database of WIN REAL ESTATE, according to the Privacy Policy.

3.5 During the registration of the User Account, the Visitor is fully responsible and will ensure at all times that all information entered in the special fields available in the registration panel is correct, complete, updated, real, where appropriate rectified and that they do not in any way contravene public order and good morals.

3.6 To create the User Account, he will have to indicate the following: his e-mail address, last name, first name, postal address, telephone number, as well as any other information detailed in the content of the Privacy Policy. The User will set a password, which is strictly personal, and WIN REAL ESTATE recommends that the User not disclose it to anyone, thus ensuring the integrity of his User Account.

3.7 In the event that such data has been entered by mistake into the WIN REAL ESTATE database and cannot be remedied or corrected directly by the User, the latter undertakes to immediately inform WIN REAL ESTATE of this aspect in order to make the appropriate corrections, under penalty of temporary or permanent suspension and/or restriction of the User Account and even access to the Site.

3.8 By accepting these Terms and Conditions, the User consents to the use of the telephone number or electronic mail address (e-mail), necessary for communications to be sent by WIN REAL ESTATE. You may not use a false e-mail address or impersonate another person or entity. WIN REAL ESTATE reserves the right, but not the obligation, to remove or edit such submitted information.

3.9 Acceptance of the terms and conditions is made, at the time of creating the User Account, by selecting the option "I have read and agree to the Terms and Conditions". Selecting this option indicates that you agree to comply with the terms and conditions that you have read, understood and accepted in full.

 

4. Rights and obligations of the contracting parties

4.1 By accepting these provisions of the Terms and Conditions, the User agrees to the following:

• if the User is a natural person, he acts in his own name and does not represent any other person;
• if the User is the representative of a legal entity, he declares that he acts within the limits of the authorization granted to him;
• The User will provide true, correct and complete information in order to use the WIN REAL ESTATE Site;
• The User will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit, for any commercial purpose, the software, content, offers or services provided by WIN REAL ESTATE or partners or obtained through the Site without obtaining its express, prior and written consent. This restriction includes any attempt to incorporate any information from the Site into any other catalog, product or service;
• The User will not use the Site in any way that could adversely affect the availability of its resources or its use by other Users or in any way that could damage, disable, overload or damage the servers or networks of WIN REAL ESTATE or third parties;
• The User will not use the Site for any purpose that is illegal or prohibited by these Terms and Conditions or by other relevant policies.

4.2 WIN REAL ESTATE, based on the information obligations, informs you through the Site about:

• the identity of WIN REAL ESTATE, the postal address at which WIN REAL ESTATE is established as well as the email address or telephone number at which we can be effectively contacted, in order to allow the Beneficiary to quickly contact WIN REAL ESTATE and communicate with it effectively and, if applicable, the postal address and identity of the professional on whose behalf they act;
• the main characteristics of WIN REAL ESTATE services;

 

5. Terms of Use. Warranties.

5.1 The Site is provided by WIN REAL ESTATE on an “as is” and “as available” basis.

5.2 WIN REAL ESTATE does not guarantee that the Site, the servers on which it is hosted or the emails sent from WIN REAL ESTATE are free of viruses or other potentially harmful computer components.

5.3 The User uses the Site at his own risk, WIN REAL ESTATE being free from any liability for any direct or indirect damages caused by the use or access/visit of the Site or as a result of the use of the information on the Site.

5.4 WIN REAL ESTATE is not responsible for errors or omissions that may occur in the drafting or presentation of the materials on the Site.

5.5 WIN REAL ESTATE does not grant any guarantee for the content and use of this Site. The information published corresponds to reality at the time of their registration on the Site or the updating of the various pages of the Site.

5.6 The services presented on the Site do not constitute an offer of any kind, being presented for informational purposes only. To receive an offer from WIN REAL ESTATE, please submit a request for offer.

 

6. Intellectual and Industrial Property Rights

6.1 The Visitor/User understands the intellectual property rights and will not download/use the content of the WIN REAL ESTATE Website, in whole or in part, or images, descriptions, graphic elements, contained without the written consent of WIN REAL ESTATE as it represents the property or the right to use it, being protected by copyright law and laws relating to intellectual and industrial property.

6.2 All copyrights and other intellectual property rights in all texts, images, sound, software and other materials contained in this website are owned or are under the management of WIN REAL ESTATE or are included therein with the permission of their owner.

6.3 No reproduction or part of the Website may be sold or distributed for commercial gain, nor may it be modified or incorporated into any other work or publication, whether on paper or in electronic format, nor may it be transmitted to any other website. No other license or right in this regard is granted.

6.4 If you believe that certain content on the Site violates your intellectual property rights, right to privacy, publicity or other personal rights, please send an e-mail to the e-mail address contact@win-alliance.ro with the violated rights, in order to allow the administrators to act accordingly to analyze the request and remove these aspects.

6.5 The use of any information on this Site for purposes other than advisory, in particular for public, commercial or humorous purposes, may be subject to legal proceedings.

6.6 WIN REAL ESTATE has the image rights over the events to be organized and may use the photo and video images, taken by both its own staff and participants, in various materials produced on the occasion of those events.

6.7 Users take note of the fact that WIN REAL ESTATE, its authorized contractual partners, its associates, members of the press, other visitors and other third parties may make audio and image recordings of the events.

6.8 Therefore, all participants in the event grant WIN REAL ESTATE express permission to record and publish their image, appearance and actions. The person who makes the recordings according to the above-mentioned rules will obtain transferable and exclusive usage rights that are unrestricted in time, geographical location and form of use with respect to the participants' recordings, any presentation of said images must be in connection with the event.

6.9 WIN REAL ESTATE and its authorized persons have the unrestricted right to profit from, use (in particular for the purpose of promoting the event and the services offered by WIN REAL ESTATE), copy, publish, publicly broadcast and distribute such recordings of Users, without having to pay them for this.

6.10 Users participating in the event expressly note that WIN REAL ESTATE may record the event, copy the recordings and distribute them by image-bearing means, broadcast them or make them public in another way and may do so repeatedly, including by informing the public about the respective events, by means of cable data transmission or by any other means (e.g. via YouTube), so that members of the public can individually choose the place and time of access.

6.11 Users participating in the event are not entitled, within the limits of legal provisions, to raise claims against WIN REAL ESTATE in connection with the recordings and their publication as provided for above.

6.12 Users participating in the event have the right to make audio and image recordings during the event, but only with the help of a sound and image recording tool incorporated into a telecommunications device used for personal purposes (for example, a mobile phone or a tablet) or with other non-professional equipment.

6.13 Users may not, without the prior consent of WIN REAL ESTATE, sell, use in exchange for a price or use free of charge for commercial purposes, the image and voice recordings they have made, identify visitors appearing in the respective recordings without their consent, or violate the personal rights of other participants.
6.14 WIN REAL ESTATE expressly accepts no liability for the violation of the above-mentioned rules by Users.

6.15 WIN REAL ESTATE reserves the right to establish areas/locations where photography/filming is prohibited. In case of non-compliance, WIN REAL ESTATE has the right to confiscate the camera/video until the end of the event and to delete the respective recordings.

 

7. Participation in events

7.1 Access to events organized by WIN REAL ESTATE can only be achieved under the condition of receiving an invitation from WIN REAL ESTATE and accepting these Terms and Conditions.

7.2 On the occasion of organizing an event, WIN REAL ESTATE will send Users electronic invitations that will contain essential information regarding the event and the QR code corresponding to each invitation that will be used to confirm the invitation.

7.3 Participation in the event is to be confirmed electronically, by accessing the "Confirm" button, on which occasion the User accepts the WIN REAL ESTATE Terms and Conditions published on the Site.

7.4 Participation in the event can also be confirmed at the event location, by requesting the invitation received by the User by email from the WIN REAL ESTATE representative. The User's participation in the event has the value of acceptance on his part of the Terms and Conditions published on the Site.

 

8. Special Clauses

8.1 WIN REAL ESTATE reserves the right to unilaterally modify at any time and without prior notice, this Terms and Conditions form, as well as any other relevant information and policies.

8.2 For justified reasons, WIN REAL ESTATE reserves the right to unilaterally, temporarily or permanently and without prior notice, restrict the access of any User if it deems it appropriate that such a measure is absolutely necessary for the proper conduct of its commercial activity.

8.3 By creating and using the Account, Users assume responsibility for maintaining the confidentiality of account data (user, password, serial, card number, as applicable) and for managing access to the account and, to the extent permitted by applicable law, is responsible for the activity carried out through their account.

 

9. Authority in the field

9.1 Complaints to the National Authority for Consumer Protection are addressed after the parties have attempted to resolve the dispute between them amicably. In the event that no agreement has been reached between the parties, the User has the right to file a complaint, the notification being made in his/her personal name. Complaints and notifications addressed to the National Authority for Consumer Protection can only be submitted by consumers who are natural persons, without divergences between economic operators falling within the scope of competence of this institution.

9.2 The contact details of the authority in the field are as follows:
The National Authority for Consumer Protection
Address: Bucharest, Aviatorilor Boulevard no. 72, sector 1, postal code 011865.

9.3 Complaints to the National Authority for Consumer Protection can also be formulated by filling out the form that can be accessed at the following address: https://anpc.ro/formular-sesizare-online/.