Terms and Conditions
|REGULATIONS OF bid4med.eu |
Section 1. PREAMBLE.
The subject of these Regulations is the principles of operation of the 'aukcjamedyczna.pl' portal at the Internet address www.bid4med.eu.
The owner of the Portal is MEDSYSTEMS Spółka z o.o., with its seat in Lublin, registered in the National Court Register - Register of Entrepreneurs under KRS (National Court Register) No 0000385918.
These Regulations determine the rights and obligations of registered Portal Users, as well as the rights and obligations of MEDSYSTEMS Spółka z o.o., with its seat in Lublin, as the Portal Administrator that administers and manages the Portal.
Before registration of an Account on the Portal, each person shall read these Regulations and may perform further actions upon consenting to and accepting all provisions of the Regulations. In cases not stipulated in these Regulations, the provisions of generally applicable Polish law, in particular the provisions of the Civil Code, shall apply.
The name of the Portal, its concept, graphic design, software and database enjoy legal protection.
Section 2. DEFINITIONS.
The terms used in these Regulations shall mean as follows:
Administrator - an entity providing access to the resources and functions of the Portal www.bid4med.eu
to Users, which is MEDSYSTEMS Spółka z o.o., with its seat in Lublin at ul. Rusałka 17B, 20 – 103 Lublin, registered in the National Court Register - Register of Entrepreneurs under KRS (National Court Register) No 0000385918, TAX ID (NIP): 946-26-25-006, REGON (Statistical No): 060769567.
Portal &mdash the online auction portal 'aukcjamedyczna.pl' managed by the Administrator, available at the internet address www.bid4med.eu, through which the Administrator renders services to Users, and which constitutes a platform for the Users to make online transactions, on which Auctions and other services relating to the Auctions are organised.
Account - a record in the Portal database confirming the fact that a person is a Portal User that ensures access to services rendered on the Portal by the Administrator, and that constitutes a set of resources in which User data and information on User activity on the Portal are collected. An Account is managed for the User by the Administrator under their unique name (login).
User - a person who has reached the age of majority and who has full legal capacity, a legal person or an organisational unit with no legal personality, but who is able to acquire rights and incur liabilities on their own behalf, who - by approving the Regulations and registering an Account gained access to the services offered by the Administrator on the Portal,
Seller - a User offering Goods for sale on the Portal.
Bidder - a User who bid on Goods in a bidding during an Auction.
Buyer - a User buying Goods on the Portal.
Goods - an object that may be the object of an Auction pursuant to these Regulations. Only medical equipment may be an object of an Auction on the Portal.
Auction - a procedure to conclude sales agreements for Goods on the Portal.
Regulations - this document determining, in particular, conditions of participation in the Portal, the rights and obligations of Users and the Administrator involving the provision of services by electronic means; the conditions of the provision of services by electronic means; principles of personal data protection; as well as principles determining the scope of the Administrator's liability in relation to the provision of services.
Section 3. TYPE AND SCOPE OF SERVICES PROVIDED BY THE ADMINISTRATOR ON THE PORTAL.
The Portal is an auction website that enables its Users to sell and purchase medical equipment pursuant to the principles set out in the Regulations. The Administrator is not a party to the transactions concluded between Users, and is not, to any degree, a guarantor of performance of concluded agreements.
The Administrator shall render its services on the Portal, in particular, through the following:
providing Users with access to browse the Portal website and enabling them to browse data and materials that they or other Users have placed on the Portal,
enabling Users to create a publicly available profile,
enabling Users to add data, and graphic and photographic materials on the Portal, whereas, due to technical and operational conditions of the Portal, files added by a User may be displayed on the Portal only in a format and parameters allowed by the Administrator,
enabling Users to conclude sales agreements for medical equipment based on the principles specified in the Regulations,
The Portal is used to conclude Goods Sales Agreements by Users during Auctions. A User may choose from the following types of Auctions:
An Auction with bidding, where a Seller lists Goods for sale, inviting Users to make bids in order to conclude an agreement with the User who offers the highest price. An Auction with bidding may include a 'Buy Now' option. In such a case, by choosing the 'Buy Now' option during an Auction, the Buyer may buy the listed Goods immediately at the price pre-determined by the Seller. The Buyer may use the 'Buy Now' option only until a Bidder makes a first bid or until a Bidder makes a bid equal to the minimum price determined by the Seller.
An Auction without bidding, with a 'Buy Now' option, during which a Seller lists Goods specifying the sale price. A Buyer purchases Goods by choosing the 'Buy Now' option.
In Auctions that include bidding, a Seller may determine a minimum price. The minimum price is the lowest price at which a Seller agrees to sell the listed Goods. The Users do not know the minimum price until a Bidder offers a price equal to or exceeding the minimum price. Bids below the minimum price made during bidding are not taken into account when determining the result of an Auction.
Prices offered by Users subject to paragraph 4 and the conditions of an Auction are explicit and available for Users and all persons browsing the Portal.
Section 4. TECHNICAL CONDITIONS OF PORTAL USE.
In order to use the Portal, it is necessary for a User to have a tool enabling them to connect to the Internet, an application for browsing its resources and accepting cookies, as well as an e-mail address.
SECTION 5. CONDITIONS OF CONCLUDING AND TERMINATING AN AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS, AND PARTICIPATION IN THE PORTAL
The Portal's participants are its Users.
A User of the Portal may be:
a person who has reached the age of majority and who has full legal capacity, a legal person or an organisational unit with no legal personality, but who is able to acquire rights and incur liabilities on their own behalf.
The persons referred to in paragraph 2 become Portal Users after they have accepted all the provisions of these Regulations and registered an Account.
The procedure of Account registration takes place through completing an electronic form, by clicking the 'Registration' button on the home page of the Portal's website. Account Registration is free of charge.
Natural persons who do not conduct business on the Portal and who wish to register an Account must provide the following data: name and surname, address of residence, e-mail address, phone number, the name under which the person intends to operate on the Portal (login) and a password consisting of a minimum of six characters. The data must be entered into the relevant fields.
Natural persons who use the Portal to conduct business, legal persons or organisational units referred to in paragraph 2(c) must provide, in particular, the following data: name and surname (of a natural person), full name (of the company) of the registered entity, its registered seat and address, e-mail address, phone number, the name under which the registering person intends to operate on the Portal (login) and a password consisting of a minimum of six characters. The data must be entered into the relevant fields. Moreover, a Participant shall send - within two weeks of the registration date - copies of documents confirming the aforementioned data to the Administrator's address, in particular: a certificate of entry into the Business Activity Register, or a copy from the National Court Register – Register of Entrepreneurs. In the case of the entities referred to in paragraph 2(b) and (c), an Account may be registered only by a person duly authorised to represent the registering entity.
If it is found that the User provided false or outdated data, the Administrator is entitled to:
a. request the User to immediately eliminate the irregularities,
b. block the User's Account until the matter is clarified,
c. delete the User's Account if the User fails to remove the irregularities.
If there is reasonable doubt as to the authenticity of the data entered by the User, the Administrator may request that documents confirming this data be produced.
The completion of an Account registration procedure that results in the creation of an Account on the Portal is possible only for a User who has read these Regulations and accepted all the provisions.
After a Participant has completed all data in the registration form, and in the case referred to in paragraph 6 - after they have sent the required documents - a message describing how to confirm registration, or indicating missing information or errors in the form or documents sent will be sent to the e-mail address provided in the registration form. A confirmation of registration constitutes the conclusion of an agreement between the registering entity and the Administrator. The subject of this agreement is services rendered by the Administrator on the Portal, on the terms determined in the Regulations. Services are rendered only to registered Users, when they correctly log in to their Accounts. The agreement is concluded for an indefinite period.
Upon correct registration, the Administrator creates an Account for the User attributed to the name (login) provided in the registration form. A User gains access to the Account after logging in, i.e. after the User has entered a correct name (login) and password on the Portal's home page.
An Account holds the User's data that they provided in the registration form. If any of the said data changes later on, the User shall without undue delay -not later than within three days of the date the change occurred - update the data using the relevant form available on the Portal's home page.
A User may not have more than one Account.
A User may not use an Account held to perform any activities infringing the provisions of the Regulations. In particular, the following is not permitted:
participation in bidding in one Auction using more than one Account,
bidding in own Auctions, Auctions of relatives, friends or persons living in one household, or in Auctions of other persons with whom the Bidder is in a relationship that may arouse reasonable doubt that the parties are acting in agreement to influence the results of an Auction contrary to the law or principles of morality,
making another Registration to avoid payment of the fees due for previous actions on the Portal,
using Accounts to dishonestly overstate the amounts offered during bidding,
A User shall keep the Account password confidential. Accounts are non-transferable, subject to the fact that Accounts belonging to the entities referred to in paragraph 6 may be transferred to another entrepreneur if an enterprise or an organised part thereof is sold.
A User's acceptance of the Regulations is tantamount to making a statement as follows:
I have read the Regulations and accept all its provisions in their full scope,
I start using the Portal's services of my free will and deliberately,
the data provided in the registration form, and on the Account and in the Profile is true,
I consent for the Administrator to process my personal data provided in the registration form of the Portal Account and during my activity on the Portal in the database, and pursuant to the provisions of the Act of 29August1997 on personal data protection (consolidated text, Journal of Laws of 2002, No101, item926, as amended) and the provisions of the Act of 18July2002 on the rendering of services by electronic means (Journal of Laws No144, item1204, as amended) to correctly render the services specified in the Portal's Regulations, as well as for operational and statistical purposes relating to Portal administration,
I consent to receive system messages at the e-mail address stated in the registration form relating to activity performed on the Portal, technical breaks in Portal operation, changes in the Regulations and new functions of the Portal,
It is forbidden to give other entities access to your Account.
It is forbidden to use Accounts belonging to other entities.
When registering an Account, a User consents to all conditions of these Regulations and undertakes to comply with them. If consent to any of the conditions of these Regulations is withdrawn, the User is required to immediately remove their Account or to notify the Administrator about withdrawing their consent to the conditions of these Regulations. If the Administrator has been informed by the User about their withdrawal of consent to the conditions of these Regulations, their Account will be immediately removed by the Administrator.
A User may terminate the Agreement with the Administrator at any time without notice by completing a form available on the Portal's home page that includes a Notice of Termination of the Agreement. The Agreement shall be terminated with immediate effect; however, if the User is participating in Auctions commenced prior to the termination of the Agreement, the Agreement shall be terminated upon completion of these Auctions, and the User may use only the functions that make it possible for them to settle payments with the Administrator and finalise the agreements concluded as a result of such Auctions.
The Administrator may terminate an Agreement with a User at any time, with 14 days' notice. Termination of an Agreement by the Administrator occurs by deleting a User's Account, after first notifying the User about the termination of the Agreement and commencement of the notice period by an e-mail sent to the e-mail address provided in the Account registration form. If the User is participating in Auctions commenced prior to the termination of the Agreement, the Agreement shall be terminated upon completion of these Auctions, and the User may use only the functions that make it possible for them to settle payments with the Administrator and finalise the agreements concluded as a result of such Auctions.
If the User infringes the provisions of the Regulations or acts to the detriment of the Administrator or other Users, or - in justified cases - if an Account needs to be additionally verified, the Administrator may:
a. suspend a User's Account for a definite or indefinite period,
b. restrict the functions of a User's Account in terms of access to specific services rendered on the Portal for a definite or indefinite period.
Notwithstanding the suspension of their Account, a User shall be held fully liable for their actions that constitute the basis for suspending the Account and, in particular, shall be held fully liable for damages against the Administrator.
If a User's Account is suspended, the User can only view the Account and access the functions enabling their settlement of payments with the Administrator and finalising agreements concluded before suspension of the Account. However, they may not use any other services rendered by the Administrator on the Portal. Upon suspension of the Account, all Auctions in which the User listed Goods will be closed. A bid made by a Bidder whose Account was suspended before the completion of an Auction shall not be taken into account when determining the result of the Auction. Information about the suspension of a Bidder's Account will be displayed on the Auction's page. A User whose Account was suspended cannot re-register or keep an Account without the Administrator's prior consent. The Administrator may also refuse a User's re-registration and keeping of an Account if this User has had an Account suspended in the past.
All and any actions undertaken by the User on the Portal should comply with the applicable legal regulations and principles of morality.
Users should themselves archive information on the transactions concluded on the Portal on a permanent data carrier.
Section 6. PRINCIPLES OF USE OF THE SERVICES RENDERED BY THE ADMINISTRATOR ON THE PORTAL.
By approving the provisions of the Regulations and commencing the use of the services rendered by the Administrator on the Portal, a User undertakes, in particular, to:
comply withcopyrights and rights resulting from registration of inventions, patents, trademarks, utility models and industrial designs of the Administrator and all other entities; in this regard a User undertakes not to disclose any data or materials on the Portal that would infringe any legally protected rights, including copyrights belonging to other entities,
refrain from any actions that would infringe any legally protected rights or the privacy of other Users or other entities,
refrain from any actions that would hinder or disrupt Portal operation, as well as actions involving damage, alteration, deletion, deterioration, or hindering of access to other user's Accounts,
not to perform any actions to the detriment of the Administrator or other Users.
A User acknowledges and accepts that they are fully liable for published data and material, and any consequences arising from the listing or publication of such data and material. The Administrator does not endorse any data or material published by Users, or any opinions, recommendations or advice expressed by Users.
A User agrees not to enter or send any data or material if they contain illegal content.
The Administrator reserves the right (though the Administrator is not obliged) to freely make decisions, unrestricted by an obligation of prior notification, whether the data and materials published by a User comply with the requirements specified in these Regulations, and the Administrator may block and remove them.
The Portal may not be used improperly or contrary to its purpose.
Language that is commonly deemed to be offensive may not be used.
The Administrator enables Users to conclude Agreements for the Sale of Goods in accordance with the principles specified in these Regulations. The Administrator is not a party to an agreement concluded between Users and is not a guarantor of the due performance thereof.
During an Auction, a Seller lists Goods for sale, inviting bids to conclude a sales agreement with the User (Buyer) who offers the highest price.
A Seller may set the lowest price at which they agree to sell the listed Goods (the minimum price). The Users do not know the minimum price until a Bidder offers a price equal to or exceeding the minimum price. Bids below the minimum price made during bidding are not taken into account when determining the result of an Auction.
Prices offered by Bidders, as well as the other conditions of an Auction constitute explicit information that is available to all persons visiting the portal.
Sellers undertake not to list Goods at an Auction, the trade in which infringes binding legal regulations or third parties' rights (in particular, copyrights and other intellectual property rights).
In order to list Goods at an Auction, a Seller should complete the relevant form available on the Portal's website, describing the subject of the Auction and conditions of transaction. An Auction shall commence upon the Administrator's approval of the form containing the Auction description. The Administrator shall approve an Auction within 24 hours of completion of the form by a Participant. The Administrator may request that the Participant supplement or correct data provided in the form. A Seller is bound by the data provided in the form from the commencement of the Auction.
A Seller states that trade in the listed Goods does not infringe binding legal regulations or third parties' rights, and that they are authorised to conclude and perform the agreement that was the purpose of the Auction.
The description of the Goods listed by a Seller at an Auction should be reliable, complete and compliant with binding legal regulations, and may not mislead other Users. A User shall be held fully liable for the content they list in the Auction description, including being held liable for any errors or inconsistencies of such a description.
A Seller shall be bound by the content of the Auction description; however, they may change content of the Auction description that constitutes changes to the transaction conditions, until the first bid is made.
A Seller undertakes to specify the method of payment for the Goods, pursuant to binding legal provisions.
By commencing an Auction, a Seller gives their consent for its publication on the Portal for promotional purposes.
A User takes part in an Auction by:
making a bid to a Seller during bidding,
choosing the 'Buy Now' option.
A User makes a bid and chooses the 'Buy Now' option by completing the relevant form on the Portal's website.
Users may ask the Seller questions relating to an Auction in progress. Questions and answers are sent to Participants through the Administrator.
By joining an Auction that includes bidding, a Bidder sets the maximum price that they are willing to pay for the listed Goods. The Portal's system automatically sets the bid at an amount equal to the minimum amount required to outbid the bids of other Bidders by the increment amount. Then, in response to each subsequent bid made by another Bidder, the Portal's system will automatically generate a bid at the minimum amount required to outbid this Bidder by the increment amount that does not, however, exceed the maximum price. If an increase by the increment amount would exceed the maximum price, the system will generate a last bid equal to the maximum price. The increment amount is PLN100.
If an increase by the increment amount would exceed the minimum price determined by the Seller, the system will generate a last bid equal to the minimum price.
During an Auction with bidding, a Bidder may change the value of the maximum price; however, they may not enter an amount lower than the highest bid currently offered by another Bidder.
The winner of an Auction with bidding is the Bidder whose bid included the highest price. If several Bidders made the same maximum bids, the Bidder who first joined the Auction by entering the highest price wins.
Bids made during the Auction are binding upon the Participants of the Auction (the Seller and Bidders) until the Auction is closed or until they have been rejected by the Seller. A bid may be rejected only before completion of an Auction:
d. if there occur justified reasons why the Seller does not trust the Bidder,
e. in relation to the closure of an Auction without determining its result within the mode referred to in paragraph 31.
29. A bid made by a Bidder whose Account was suspended before completion of an Auction shall not be taken into account when determining the result of the Auction. Information about the suspension of a Bidder's Account will be displayed on the Auction's page.
30. The Auction closes upon expiration of the period planned for the Auction. Premature closure occurs:
a. upon closure of an Auction following the Seller's decision referred to in paragraph 31,
b. if any of the Users chooses the 'Buy Now' option.
31. The Seller may close the Auction at any time; in such a situation the winners are determined as at the closure of the Auction. If special circumstances occurred during the Auction, in particular, if Goods were damaged, a Seller may - as a matter of an exception - close the Auction without determining a result (i.e. a winner of the Auction will not be determined), after first rejecting all bids made by Bidders.
32. The price determined pursuant to the provisions of this article is the final price. A Seller may add only the actual costs of postage or transport of the Goods to the said price. A Seller may not add any other amounts to increase the amount due from a Buyer.
Section 7. CONCLUSION OF AN AGREEMENT BETWEEN AUCTION PARTICIPANTS.
If, when an Auction with bidding closes a winner was determined in accordance with the principles specified in the Regulations, the winning bid is accepted by listing information about the completion of the Auction in the relevant places on the Seller's and Buyer's Accounts. An Auction is neither completed nor the winning bid accepted if the aforementioned information is generated during a failure or technical error. The Administrator shall, without undue delay, inform the User about the fact that the information about Auction completion was sent in error. Confirmations concerning Auction completion sent in a manner other than that specified above, in particular by e-mail, are of an informative nature.
An agreement is concluded between a Seller and the bidding winner when the winning bid is accepted. In the case of an Auction with a 'Buy Now' option, an agreement between a Seller and a Buyer who chose the 'Buy Now' option is concluded when the said option is chosen. The Seller is automatically informed about the fact that a Buyer chose the 'Buy Now' option. Further course of action taken by the Users upon conclusion of an agreement is governed by binding legal provisions.
Upon acceptance of a winning bid or confirmation by a Buyer of choosing the 'Buy Now' option, the Seller and Buyer receive the following information on the counter party: name and surname, or the name of the company, e-mail address, phone number and address.
Both parties to the transaction should contact each other within three days of acceptance of the winning bid to take further actions related to the concluded agreement. The Buyer should pick up the Goods from the Seller and pay the amount due within 14 days of the acceptance of the winning bid, unless the Participants agree otherwise.
Section 8. FEES AND COMMISSIONS.
The services rendered by the Administrator on the Portal incur a fee.
The Administrator charges the Seller a sales commission. A sales commission is charged upon completion of an Auction with valid bids equal to or higher than the starting, minimum or 'Buy Now' price.
The commission due the Administrator depends on the final price, i.e. the price determined during the Auction that the Buyer shall pay for Goods (excluding the costs of delivery of the Goods).
The commission on the sale of Goods is 15% of the final price referred to in paragraph 3.
Users who conduct business activity are issued VAT invoices. To this end, they should complete the relevant form during Registration. Users who do not conduct business activity are issued VAT invoices only upon their request. Invoices are issued based on a User's data provided on their Account.
A User's personal data provided in the registration form and the data disclosed in their Profile are processed with their consent expressed during registration on the Portal. The Administrator shall process a User's personal data in accordance with the Privacy Protection Policy constituting Annex1 to these Regulations and pursuant to the Act of 29August1997 on personal data protection (consolidated text, Journal of Laws of 2002, No101, item926, as amended) and the Act of 18July2002 on the rendering of services by electronic means (Journal of Laws No144, item1204, as amended).
The Administrator of personal data provided by the Usersis the Administrator, i.e. MEDSYSTEMS Spółka z o.o., with its registered seat in Lublin at ul.Rusałka 17B, 20 – 103 Lublin, registered in the National Court Register - Register of Entrepreneurs under KRS (National Court Register) No 0000385918. The Administrator shall process User data only within the scope necessary to enter into, determine the content of, make changes to, or terminate a legal relationship, and for correct provision of services rendered by electronic means on the Portal. Upon a User's consent, the Administrator shall process their data in broader scope than that required for User registration.
The Administrator may make the provision of its services and the use of the Portal by a User conditional upon the User's prior confirmation of their personal data that they provided in the Account registration form with appropriate documents, by sending a photocopy of a document confirming identity. Sending a photocopy of the document is voluntary. If the photocopy of the document is not sent or will raise the reasonable doubt of the Administrator, the Administrator may refuse conclusion of the Agreement and Account registration. The Administrator is not obliged to assess the authenticity of personal data provided by Users in their Account registration forms.
A User is entitled to view the processed data at any time, as well as amend it and request for it to be deleted from the Portal's Account database.
The Administrator is entitled to disclose the User's personal data only to entities authorised pursuant to relevant legal provisions, in accordance with the principles of the Privacy Protection Policy, provisions of these Regulations and binding legal provisions.
Section 10. COMMENTS.
Users may evaluate an Auction and other Users using comments. If an Auction was completed by the acceptance of a winning bid or by choosing the 'Buy Now' option, the Buyer may give the Seller, and the Seller may give the Buyer, one comment. A User who receives a comment may enter an reply.
The content of the comments and replies is explicit, available to all visitors of the Portal. A User is responsible for the comments and replies they write.
Comments and replies to these comments should be legible and may not contain the following:
a. vulgarisms, obscene or pornographic content or texts that incite crimes,
b. contact data of Users or other persons,
c. advertising content.
4.The Administrator does not edit comments or replies. The Administrator may remove or edit a comment or reply in particularly justified cases, if:
a. a comment or reply infringes the principles specified in paragraph 3,
b. a comment or reply was written by mistake.
Section 11. COPYRIGHTS.
By entering data, materials or statements on the Portal, a User consents to their use by other Users, in accordance with the provisions of the Regulations.
A User is entitled to use the data, materials or statements that constitute a work within the meaning of the Act of 4February1994 on copyrights and related rights (consolidated text, Journal of Laws of 2000, No80, item904, as amended) and that do not constitute a work within the meaning of the said Act, displayed on the Portal in the scope provided for in these Regulations. Any use of the said data, materials or statements in another scope is permitted only on the basis of legal provisions.
When a User enters data or materials on the Portal, even if they later delete, modify or change the Account or the data and materials, or if the user writes comments on the Portal, also if they later delete, modify or change the Account or comments, or any other content that constitutes a work within the meaning of the Act of 4February1994 on copyrights and related rights (consolidated text, Journal of Laws of 2000, No80, item904, as amended), they provide the Administrator with a free, non-exclusive licence to use the disclosed works for the needs of the provision of services on the Portal, and waives any rights for claims against the Administrator if they are used, including copying for purposes related to the Portal and their removal from the Portal, in particular.
In addition to the materials provided by Users, all other content on the Portal, including, inter alia, texts, software, scripts, graphics, photos and interactive elements of the Portal belong to or are licensed by the Administrator and are subject to copyrights, trademark rights and other intellectual property rights of the Administrator or Administrator's licensors.
Content belonging to the Administrator may not be downloaded, copied, duplicated, transferred, broadcast, displayed, sold, it may not be subject to any licence or exploited in any other way without the prior written consent of the Administrator or Administrator's licensors.
Section 12. LIABILITY
The Administrator shall not be held liable for Users' undue performance or non-performance of agreements concluded as a result of Auctions. The Administrator shall not be held liable for any actions of Users or third parties that infringe these Regulations. In particular, the Administrator shall not be held liable for the quality, safety or legality of Goods sold on Auctions; the authenticity and reliability of information provided by Users; Sellers' capability to sell the Goods; and solvency of the Users who make bids. The Administrator shall not be held liable a User's failure to conclude an agreement.
The Administrator is not required to inspect the Goods offered on Auctions; however, it reserves the right to remove an Auction, immediately notifying the Seller and Bidders about such a removal. An Auction may be removed if the actions relating to it infringe the provisions of the Regulations or binding legal provisions. As a result of an Auction removal, information involving the said Auction (in particular, the content included on an Auction website) is no longer available on the Portal. It is not possible to perform any actions on a removed Auction, and all previous actions performed by Bidders have no effect. Removed Auctions cannot be restored.
The Administrator does not grant any guarantees to the Users with regard to services performed on the Portal.
The Administrator undertakes to ensure the highest quality of the services rendered. The Administrator shall not be held liable for any disruptions in Portal operation, even if such disruptions caused loss of data on Users' Accounts.
The Administrator shall not be held liable for Users' temporarily being unable to use the Portal's functions. Users shall be informed in advance about any technical breaks and duration of such breaks.
In the case of a technical break, all Auctions that were in progress when the break commenced will be extended by 24 hours.
In case of a failure, i.e. a situation in which the majority of or all Users have lost the ability to use the Portal, in particular, they could not log in, list Goods or make bids, all Auctions that were in progress when the failure occurred will be extended by 24 hours or by a multiple of 24 hours if the failure lasts longer than 24 hours.
A User shall be held fully liable for any violation of the law or damages caused by their actions on the Portal, in particular for providing false data, disclosing a business secret or other confidential information, infringement of personal rights or copyrights and related rights.
The Administrator makes an explicit reservation that the User uses the Portal and the services it provides at their own risk.
The Administrator shall not be held liable for any consequences of non-performance or undue performance of obligations assumed by any person through the Portal, or for the ability of such persons to assume liabilities.
Section 13. COMPLAINTS.
Any disruptions in the Portal's operation and remarks concerning the services rendered on the Portal may be the subject of complaints by a User by reporting them to the Administrator.
The Administrator reserves the right to intervene in a User's Account to remove disruptions or a problem in Account or Portal operation.
A User may file a complaint if the services specified in these Regulations are not rendered by the Administrator or are rendered contrary to these Regulations.
A complaint may be filed electronically using a contact form, or in writing. A complaint shall include, at the very least, the name under which a User is known on the Portal (login) and a description of reservations being reported. If the data or information provided in a require supplementation, the Administrator shall request that the person filing the complaint supplement it as specified.
The Administrator shall consider the complaint within 14 days of its receipt in the correct format, provided that it may refuse to consider a complaint filed later than 90 days after the reasons for the complaint occurred.
A reply to a complaint shall be sent only to the e-mail address attributed to the Account of the given User.
Section 14. FINAL PROVISIONS.
The Administrator reserves the right to unilaterally amend the Regulations at any time, without the need to provide any justification of such amendment.
If any amendments are made to the Regulations, the Administrator shall, without undue delay, inform the Users about this by publishing a consolidated text of the Regulations on the Portal's website. When a User first logs in to the Portal, counting form the moment the amendments entered into force, they shall be notified about the amendments and the option of accepting them.
If the Regulations were amended, Users must accept the Regulations in their entirety together with any amendments in order to continue using the Portal. Having read the amended content of the Regulations, a User shall make a statement as follows: I hereby declare that I have read the amended Regulations and accept all the provisions contained therein.' Making such statement is tantamount to making a statement of will to continue the Agreement with the Administrator. If a User does not accept the amended Regulations, they thereby terminate the said Agreement with the Administrator.
The amendment enters into force on the date set by the Administrator; this may not be shorter than within seven days of the amended Regulations being made available on the Portal, provided that the Auctions commenced before the amendments enter into force are run based on the previous provisions.
If any of the provisions of these Regulations is amended or declared invalid by a final court ruling, the remaining provisions remain valid and binding upon the parties.
Section 15. GOVERNING LAW AND DISPUTES.
The governing law for the agreement between a User and the Administrator, the object of which is services rendered by the Administrator on the Portal on the terms specified in the Regulations, is Polish law. Any disputes involving the services provided by the Administrator on the Portal shall be resolved by competent Polish courts.
Section 16. VALIDITY.
If any of the provisions of these Regulations is declared invalid by a final court ruling, the remaining provisions remain valid.
Section 17. ANNEXES.
- Annex1 – Privacy Protection Policy.