Terms and Conditions

The general conditions of access and use ("Terms and Conditions"), detailed below, are applicable to all users of the Site. By accessing the content of the Site, the user acknowledges and accepts the provisions of the Terms and Conditions document on the Site. This section regulates the legal relationship between the Donor / Contributor and the EUTOPIA GARDENS FOUNDATION.

In order to respond to user inquiries and to obtain data related to access to our site, it may be necessary to provide personal information such as name, address, e-mail and telephone number.

This information will not be used to transmit other information about EUTOPIA GARDENS FOUNDATION services without the user's consent. EUTOPIA GARDENS FOUNDATION undertakes to ensure the confidentiality of its website visitors.

No personal information of any kind will be transmitted to third parties, with the exception of third party partners who ensure the proper functioning of this site.

Both general information (related to the value of donations, destination of funds, website traffic) and other statistical information that do not contain personal data can be provided to third parties.

This site uses technologies that allow the collection of certain technical information about the user: Internet address, operating system used, browser type, as well as information about traffic on our site.

All this information collected through the website by the EUTOPIA GARDENS FOUNDATION aims to help improve its services.

1. DEFINITIONS OF TERMS

EUTOPIA GARDENS FOUNDATION is a non-profit legal entity established according to Government Ordinance no. 26/2000 regarding associations and foundations, with headquarters in Romania, Arad City, Str. Dacilor, no. 10A, Arad county, registered in the National NGO Register with number 3052/B/2005, CIF: 17666616, having account in lei: RO97BTRLRONCRT0486828301, account in Euro: RO47BTRLEURCRT0486828301, opened at Banca Transilvania - Arad branch, represented by Mihaela Aurora Buzatuu, as President of the Board of Directors;

‍DOCUMENT – this Terms and Conditions section of the Site;

SITE – the page hosted at the web address www.eutopiagardens.org. For clarity, any reference to the term "Site" herein is deemed to be made to the website www.eutopiagardens.org;

CONTRACT – the contract concluded through the Website, through which you support the activity / projects promoted by the EUTOPIA GARDENS FOUNDATION, making donations or sponsorships in this regard. Donation documents are not subject to the provisions of O.U.G. no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, the donation not being a legal act of a commercial nature based on the merchant-consumer relationship. Each financial contribution is subject to the provisions of this document, which represents an agreement of will concluded between the Donor and the EUTOPIA GARDENS FOUNDATION.

ONLINE DONATION - in the case of donations made on the Site, the payment of the amount to be donated will be made by bank card, the donation action is similar to the purchase of products, the payment being made through the payment processor by redirecting to a secure page. The donation can be made from wherever you are with a computer or phone with internet connection and bank card. Afterwards, you will be sent a confirmation email regarding the authorization and collection of the donation. By using the online donation method, you agree to the terms and conditions applied to online donations;

PAYMENT PROCESSOR – within the Site, the platform / entity authorized by law for interbank transactions to provide payment processing services is PayU SA, with registered office located at 186 Grunwaldzka, 60-166 Poznan, Poland registered in the Register of Enterprises held by Court Poznań-Nowe Miasto I Wilda w Poznaniu under KRS registration number 0000274399, with tax identification number 779-23-08-495 5 ("PayU");

‍PROJECTS/PROGRAMS – the ongoing / promoted programs within the EUTOPIA GARDENS FOUNDATION, in collaboration with its partners, which aim to promote and support the development of projects in the fields of involvement such as: education, the environment, the promotion of community values, the support of sustainable production and equitable consumption, the growth quality of life and generally supporting sustainable development.;

USER – person who accesses the Site and who has accepted the terms and conditions of use of this Site;

ABUSE USE – use of the Site without complying with the regulations and legislation in force or in any other way that may harm the EUTOPIA GARDENS FOUNDATION The User undertakes to access and use the Site for purposes and by means that do not constitute abusive use, which could affect the development of the activity and the proper operation of the Website or of the nature of affecting the image / reputation of the EUTOPIA GARDENS FOUNDATION;

‍DONOR / CONTRIBUTOR – any natural person, regardless of nationality, residence, race, gender or religion, who is over 18 years old, with full legal capacity, or legal person who provides financial support to the EUTOPIA GARDENS FOUNDATION. According to paragraph 1 of article 987 of the Civil Code, any person can make donations (liberalities), with the only condition of respecting the necessary capacity to conclude acts of disposition;

VOLUNTEERS – natural persons who support EUTOPIA GARDENS FOUNDATION projects through volunteer activity;

CONTENT – represents the information available on the Site that can be viewed or accessed using an electronic device. It also includes the content of any e-mail by electronic means and / or any other means of communication available;

‍COMMUNICATIONS – any type of information in the form of a message sent (e-mail/SMS/telephone, etc.) regarding services complementary to those you have accessed, as well as other commercial communications, such as market research and opinion polls.

2. PURPOSE OF THE FOUNDATION AND TYPES OF DONATIONS / CONTRIBUTIONS

2.1. This Site is intended to support the programs carried out by the EUTOPIA GARDENS FOUNDATION in the fields of involvement in which it is active: the development of educational methods, environmental protection, the promotion of community values, the support of sustainable production, fair trade, but without limiting ourselves to the listed fields.

2.2. All donations made to the EUTOPIA GARDENS FOUNDATION will be made through the methods and means detailed through the web page www.eutopiagardens.org/page/financial-support. Once the donation is processed, EUTOPIA GARDENS FOUNDATION will be the legal beneficiary of the full value of the financial contribution.

2.3. Natural or legal persons can make donations / financial contributions for EUTOPIA GARDENS FOUNDATION projects by the following means:

• Online donation on the Site, consisting in the transfer of sums of money to the EUTOPIA GARDENS FOUNDATION through the PayU payment processor. If you choose to make the donation online, directly on the Site, you will be transferred to the PayU payment processor and you will be asked to fill in the form regarding the payment method and other personal data, such as: first name, last name, email address, postal address , postal code, county, country, telephone number - for further communication with you. These data are encrypted and stored on secure electronic media and will only be used for the purpose of carrying out the transaction in optimal conditions.
• In the case of donations made by legal entities, the payment processor will request their identification data: name of the organization, Commercial Register No., CUI, bank, bank account of the company.
• Transactions are carried out in a secure environment using SSL (Secured Sockets Layer) encryption technologies. All data related to bank cards are entered directly on the servers of the VISA and MasterCard organizations. The Eutopia Garderns Foundation will not store, at any time, the authorization data, such as CVV, CVV2 verification data and/or the Donor's PIN.

Afterwards, the donations processed by the payment processor will be transferred to the bank account of the EUTOPIA GARDENS FOUNDATION.

•  Donation made by redirecting the rates established by law from the income tax, in accordance with the provisions of the Fiscal Code.
•  Sponsorship consisting in redirecting the quota from the profit tax / on the income of micro-enterprises, according to the provisions of the Fiscal Code on the basis of a sponsorship contract.

3. TERMS REGARDING DONATIONS

3.1. The maximum total accepted value of a donation made by a natural person through the payment processor / PayU platform is 10,000 LEI.

3.2. The previously mentioned limit does not apply to donations made by a legal entity by redirecting a share of the income tax or to sponsorships made through sponsorship contracts or as a result of the redirection of the profit tax / on the income of micro-enterprises according to the provisions of the Fiscal Code.

4. RETURN OF DONATIONS

4.1. In the case of the donation made, there is no possibility for the Donor to cancel it or ask for the refund of the donated amount / the financial contribution made through the Website.

4.2. EUTOPIA GARDENS FOUNDATION reserves the right to return the donated amount to the Donor in exceptional cases, in the event that the donation conflicts with the values or projects promoted and supported by EUTOPIA GARDENS FOUNDATION, of a nature to affect the image or reputation of EUTOPIA GARDENS FOUNDATION. In this sense, the donated amount will be reimbursed in the same bank account from which the donation was made within 3 (three) working days.

5. ACCESSING THE LINKS

5.1. On the Site there may be mentions of external websites, managed by other companies or organizations. FUNDACIAEUTOPIA GARDENS is not responsible for the content of those websites, their content being the exclusive responsibility of the respective companies or organizations.

5.2. The page uses "plugins" from social network operators (eg: Facebook.com; YouTube.com). We use plugins to connect the Site with the official pages of the EUTOPIA GARDENS FOUNDATION open on these platforms. We do not collect / store personal data of customers through plugins, but it is possible that through this link, users can see on the accounts created on these platforms some of their friends who appreciate the EUTOPIA GARDENS FOUNDATION page.

6. INTELLECTUAL PROPERTY RIGHT

6.1. The content provided by EUTOPIA GARDENS FOUNDATION, as defined in the preamble, including texts, images, logos, symbols and other representations, is protected by copyright and belongs to EUTOPIA GARDENS FOUNDATION or authorized third parties.

6.2. Users do not have the right to copy, reproduce or distribute the content of the Site without the prior consent of the EUTOPIA GARDENS FOUNDATION.

7. DATA PROTECTION

7.1. The information regarding the management of your personal data provided to the EUTOPIA GARDENS FOUNDATION is detailed in the dedicated section of the Website, called Privacy Policy,

If you have any questions regarding the processing of your personal data or if you wish to make any request to us, as well as exercise any of your rights regarding the processing of your personal data, please contact us at:

– email address: info@eutopiagardens.org
- our headquarters are located in the city of Arad, str. Dacilor, no. 10A, Arad county. We will review each request as soon as possible, but no more than one month.

8. LIMITATION OF LIABILITY​

8.1. EUTOPIA GARDENS FOUNDATION shall not be liable for any loss suffered by a user / other person or damages of any kind, including direct, indirect, incidental, consequential or punitive damages, costs, claims, expenses or other liabilities arising out of or having connection, directly or indirectly from non-compliance with this Terms and Conditions document or in any other way, unless the applicable legislation expressly provides otherwise.

8.2. Users are obliged to comply with the legislation in force and applicable regulations while using the Site.

8.3. Users have the right to access and use the Site in accordance with its purpose. EUTOPIA GARDENS FOUNDATION reserves the right to refuse or withdraw the user's access to the Site at any time, without prior notice, in case of unauthorized or abusive use of the Site by him.

8.4. EUTOPIA GARDENS FOUNDATION is not responsible for damages caused by causes that do not directly depend on EUTOPIA GARDENS FOUNDATION as a result of technical defects of the Website/network/equipment belonging to mobile phone operators/payment processors, as well as for damages resulting from the inability of the user to access certain links published on the Site.

9. Miscellaneous

9.1. If one of the provisions of this Terms and Conditions document is deemed illegal, invalid or unenforceable by the competent authorities, the other provisions of the document will remain in full effect.

9.2. This contract is subject to Romanian law. Disputes that cannot be resolved amicably will be submitted for resolution to the competent courts in the Municipality of Arad.

9.3. EUTOPIA GARDENS FOUNDATION reserves the right to periodically update and modify the Terms and Conditions document; each time we make a change, we will display it on our Website www.eutopiagardens.org, the user of the Website being encouraged to review this section regularly to be aware of the latest updates. Using the Site after updating this document constitutes acceptance of the changes made to the document.