Poleasingowe

Terms and Conditions for online auctions at EUROPEJSKIE CENTRUM REMARKETINGU Sp. z o. o. with its registered office in Komorniki.


§ 1.

General Provisions


  1. 1. These Terms and Conditions for online auctions organised by EUROPEJSKIE CENTRUM REMARKETINGU Sp. z o. o. with its registered office in Komorniki (hereinafter referred to respectively as “the Terms and Conditions” and “ECR”) set forth the rules governing the services provided by ECR on behalf of Internet users. The said services consist of organising online auctions through ECR’s online portal https://poleasingowe.pl/, and identifying the winning bidders of these auctions, who are then entitled to conclude the respective contracts for the purchase of the movables offered for sale through the respective online auctions organised within the said online portal.
  2. 2. In order to be able to participate in the bidding through the said portal, users must be using an electronic device with access to the Internet, equipped with one of the following web browsers (with enabled JavaScript):
    • Chrome, version 16 or newer,
    • Firefox, version 11 or newer,
    • Opera, version 12.10 or newer,
    • Internet Explorer, version 10 or newer.

§ 2.

Definitions


Terms used in these Terms and Conditions have the following meaning:

The Auction Website the Internet website www.poleasingowe.pl, through which Europejskie Centrum Remarketingu Sp. z o. o. provides its services in an electronic form, carrying out online auctions which result in the selection of the winning bidder, entitled to conclude the purchase contract for the respective movable property. The selection of the winning bidder is only possible through the Auction Website.

The Organiser/ECR Europejskie Centrum Remarketingu Sp. z o.o. with its registered seat in Komorniki, at 2, Lipowa Street, duly registered with the Wrocław-Fabryczna District Court, IX Commercial Department of the National Court Register (Polish: Sąd Rejonowy dla Wrocławia-Fabrycznej, IX Wydział Gospodarczy Krajowego Rejestru Sądowniczego), under the registration number: 0000331675, NIP: 8942976550, REGON: 021014968, and with its registered commercial activity being, among others: brokering activities in the sale of movable property owned by entities affiliated and non-affiliated with ECR, including entities directly owned by ECR.

The Auction - an online auction conducted through the website www.poleasingowe.pl, and organised in the form of a sale bidding process and which consists of the Bidders placing their individual bidding offers for the purchase of the respective movable property put up for sale in the respective Auction. The purpose of an Auction is to identify the Bidder, who will be entitled to enter a purchase contract with the Seller for the given movable property being auctioned off in the given Auction.

The Commission fee an additional fee paid to the Organiser and collected from the Bidder, who was selected as the winning Bidder of the given Auction. The fee is charged for brokering the transaction, organising the Auction and for storing the Lot until it is picked up by the Bidder. The Commission fee for each Auction can be calculated with the use of the Commission calculator, which is made available on the Auction’s webpage.

The Automated Bidding - an Auction in which the Bidder may use an automated bidding tool to raise his/her bids automatically. The tool automatically raises the bid each time with a minimum incremental value, up to the maximum bidding amount previously set up by the Bidder.

The Buy Now Price - the price indicated on the webpage of the respective Auction, which enables the Bidders to purchase the Lot with immediate effect.

Consumer - a natural person, who is also a Participant of an Auction, and who enters a legal relationship with the entrepreneur, the relationship being unrelated with her/his economic or professional activity.

The User - a natural person of legal age with full legal capacity or a legal entity or an organisational unit without legal personality, acting through their duly authorised proxy, having a registered account on the Auction Website, and having obtained a login and a password through a registration process.

The Seller - the entity who owns the movable property and who concludes a purchase contract with the Bidder whose bid has received the Approval from the Seller. In case of some Auctions, the Organiser can also be the Seller.

The Bidder – the User, who placed a bid in an Auction to purchase a movable property (the Lot) being auctioned. Except for a natural person, any of the following can also be a Bidder: a sole proprietor, a legal entity, an organizational unit without legal personality, etc., within the scope of their registered activities, and provided they participate in the given Auction through a duly authorised proxy – a natural person complying with the above-mentioned conditions.

The Terms and Conditions these Terms and Conditions for online auctions organised by EUROPEJSKIE CENTRUM REMARKETINGU Sp. z o. o. with its registered office in Komorniki.

The Lot - the movable property put up for sale on the Auction Website, particularly the vehicles and the machinery originating from terminated lease contracts and car fleet contracts or others.

The Approval the approval granted by the Organiser to the Bidder whose bid was selected as the winning bid in the given Auction. The Approval authorises the Bidder to conclude with the Seller a purchase contract for the purchase of the Lot.

The Asking Price mode - an Auction with a suggested selling price, which does not constitute an offer to sell, and which is visible on the Auction’s webpage. In an Auction organised in this mode, the Bidder can place any bid, including one lower than the suggested one. The fact that a bid was placed is visible to all Participants on the Auction’s webpage, although its exact amount remains hidden. Once the deadline for submitting bids (indicated on the Auction’s webpage) has passed, the Seller makes an assessment of the bids. The Organiser reserves the right not to grant the Approval to the Bidder, who placed the highest bid and, instead, to engage in further negotiations with the said Bidder.


§ 3.

Validity of the terms and conditions


  • Upon registering an account on the Auction Website, users grant unconditional consent to the rules set forth in these Terms and Conditions.
  • Prior to participating in an Auction, each Bidder undertakes to become acquainted with the rules set forth in these Terms and Conditions, as well as with the terms and conditions specific for the given Auction, depending on who the owner of the Lot is, as indicated on the Auction Website.
  • These Terms and Conditions shall apply to all Auctions carried out through the Auction Website, with the exception of those in which the Lot is a movable property owned by the Sellers, who have provided a separate set of terms and conditions i.e.
  • The Seller’s details are provided each time on the respective Auction’s webpage.
  • In the case of a discrepancy between the contents of these Terms and Conditions and the terms and conditions of the given Seller, these Terms and Conditions shall apply to the extent they are compliant with the provisions of the Seller’s Terms and Conditions. To the remaining extent, the Seller’s terms and conditions shall be binding.

§ 4.

Registration


  1. 1. The registration on the Auction Website shall be considered as complete upon delivering an electronic form filled out with the following data of the registrant:
    • Name (First and last name)
    • Residential address/seat
    • Fiscal (NIP) number (if applicable)
    • E-mail address
    • Corporate registration (KRS) number (if applicable)
    • Personal ID (PESEL) number (if applicable)
  2. When registering, the registering entity selects their unique login and password comprising at least 6 characters, including at least one upper and one lower case letter, at least one digit and at least one special character (!@#$%^&*?()-_=+{};:,<.>). The login selected by the User cannot contain words or expressions commonly considered as abusive or vulgar. The Organiser reserves the right to change the login selected by the User when it does not comply with these rules.
  3. The registering entity declares in the registration form that the actions they undertake while using the Auction Website are in line with their registered business activity (i.e. in their legal capacity as an entrepreneur as set out in art. 431 of the Polish Civil Code) or in their capacity as a consumer, as set out in art. 22[1] of the Polish Civil Code.
  4. The Organiser reserves the right not to register a User’s account, and may do so without providing an explanation.
  5. Each User can be the holder of only one account.
  6. By registering an account with the Auction Website, the User concludes with the Organiser a contract for the provision of services by electronic means, as set out in the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws, 2002 No. 144, item 1204, as amended).
  7. Registered Users and unregistered entities shall be prohibited from using an account held by another User.
  8. The Organiser reserves the right to request additional documents and information from the registering entity for the purpose of implementation of respective security measures, as it stems from the provisions of Act of 16 November 2000 on Counteracting Introducing Assets Values from Illegal or Undisclosed Sources into Financial Turnover (Journal of Laws, 2002, no. 116, item 1216, as amended).
  9. The User may terminate the contract for the provision of services by electronic means at any time by submitting the relevant termination notice to the Organiser. The said termination notice must be submitted in the written or electronic form, and its template constitutes Appendix 2 to these Terms and Conditions. Alternatively, the User may terminate the said contract by selecting the respective option (by clicking the “REMOVE ACCOUNT” button that is located in the Bidder’s panel on the Auction Website). The contract shall be considered as terminated as soon as the said termination notice is received by the Organiser. Removing the account does not result in cancelling the bids that had already been placed by the User.
  10. The Organiser reserves the right to terminate the contract for the provision of services by electronic means (thus blocking the User’s account) with immediate effect in the event of:
    • the User’s violation of the provisions of the Terms and Conditions;
    • actions undertaken by the User that have a negative effect on the functioning of the Auction Website, including actions that disturb its functioning;
    • justified doubts as to the authenticity of the data provided by the User in the registration form;
    • infringement of the User’s duties resulting from having placed the winning bid in an Auction.
  11. If the User referred to in article 10 above is also a Consumer, the Organiser shall terminate the respective contract for the provision of services by electronic means after having notified the User by submitting a relevant notification at the e-mail address provided by the User, indicating the reasons for terminating the contract.
  12. The User whose account has been blocked can no longer participate in any Auctions.
  13. In the event that the contract for the provision of services by electronic means is terminated at the User’s request, the bids placed by the User, including the winning bids, shall still produce the effects specified in these Terms and Conditions.
  14. The User’s account can be unblocked after a payment of the account renewal fee of PLN 1,000 has been settled by the User for the benefit of the Organiser.
  15. The Organiser has the right to terminate the contract for the provision of services by electronic means, with a 14-day notice period and due to significant reasons (the impossibility to perform contract obligations, an instance of force majeure or other causes that are unlikely to be expected or are independent of the Organiser’s will). The Organiser shall issue the termination notice to the User via electronic means of communication at the e-mail address indicated by the User in the registration form.

§ 5.

The lot and auction ads


  1. The Lot is herein defined as any movable property originating from terminated lease and loan agreements and others, which is owned by the Seller, with the Seller having signed with the Organiser a valid contract for the intermediation in the sale of movable property.
  2. A detailed description of the Lot is made available on the Auction’s webpage.
  3. Depending on the type of the Lot, the auction ad shall contain the following information:
    • the mark,
    • the model,
    • the type,
    • the colour,
    • the engine type and capacity
    • VIN,
    • the mileage,
    • the Auction’s deadline,
    • the starting price,
    • the Lot’s storage location,
    • photographic documentation concerning the Lot,
    • information as to where to find out more about the Lot’s technical condition,
    • the appraiser’s opinion, if applicable,
    • an indication of the type of Auction,
    • the commission fee applicable to the highest bid placed at any given moment, as well as a tool to calculate the commission fee, if applicable,
    • the Seller’s details.
  4. Details concerning the Lot’s actual condition and its degree of wear are published on the respective Auction’s webpage (auction ad) within the Auction Website and can be freely viewed by all Participants.
  5. The auction ads are also positioned on relevant, sector-specific online directories.

§ 6.

The online bidding process


  • Participating in an Auction is only possible through the Auction Website, upon registration carried out as set out in § 5 above.
  • The User participates in an Auction by logging in with their unique login and password and by placing bids for the given Lot on the given Auction’s webpage.
  • The starting price is set for each Lot before the bidding is open.
  • The starting price can be set based on the actual market value of the Lot, as estimated by the Organiser, the Seller or with the assistance of an independent appraiser. The Lot’s minimum price can be also set by the Organiser or by the Seller, without the need of an expert opinion.
  • The market value mentioned in article 3 above is determined on the basis of average prices used within the trade of property of such type and kind, taking into account the Lot’s condition and degree of wear.
  • The User hereby undertakes to become familiarised at his/her own expenses with the actual current technical condition of the Lot prior to participating in the bidding, and placing a bid by the User constitutes his/her acceptance of the provided technical specifications (also when this data differs from data provided in an expert opinion).
  • By placing a bid, the Bidder declares to the Organiser that he/she accepts without reservations the technical condition of the auctioned item and the completeness of the equipment.
  • All bids placed by the Bidders are public information, except for those placed in Auctions conducted in the Asking Price mode.
  • The Lot’s price can be either a net or a gross value, whereas the detailed price type is displayed at a specially-designated place within the Auction’s webpage.
  • The minimum incremental value within the given Auction is PLN 100.
  • The current highest bid is displayed on the Auction’s webpage, except for those Auctions conducted in the Asking Price mode.
  • If a bid is placed within the last two minutes before the Auction ends, the Auction’s deadline is automatically extended by another two minutes, but the total extension period cannot be greater than 30 minutes.
  • When more than one bid is placed with the same value at the same time, the order in which the bids were placed is decisive – the one placed earlier prevails.
  • ECR reserves the right to verify the submitted bids.
  • In the event that the bid being verified has not been confirmed by the Bidder or if establishing a phone contact with the client is impossible (due to an incorrect number, the number being busy or out of reach), the bid is rejected.
  • The Bidder can withdraw from the placed bid up to 24 hours before the Auction’s deadline.
  • In the event that a bid is withdrawn by the Bidder in line with the provisions set forth in article 16 above, the next highest bid is considered as binding.

§ 7.

Auction settlement


  • The Auction ends at a date indicated as its deadline.
  • Raising a bid (placing a bid that is higher than the current highest bid indicated on the Auction’s webpage) within the last two minutes before the Auction ends results in extending the Auction’s deadline by another two minutes. The Auction’s deadline is extended for as long as a Bidder places a bid that is higher than the current highest bid. An Auction’s deadline cannot be extended for longer than 30 minutes.
  • An Auction is won by the Bidder who placed the highest bid before the Auction ended or who selected the Buy Now option, if available. The Buy Now option automatically ends the Auction and the Bidder who used it is considered as the Auction’s winner.
  • An Auction is settled only after the Seller grants his/her Approval to the Bidder, through the intermediation of the Organiser. By granting the Approval, the Seller consents to conclude a sales and purchase contract with the Bidder, taking into account the bid placed by the Bidder.
  • The Seller’s Approval is communicated to the winning Bidder via electronic means, within 72 hours after the Auction ended. Should the Seller not grant the Approval to the winning Bidder, the winning Bidder’s bid is no longer binding. The winning Bidder is notified about the final price to be paid for the auctioned Lot, together with the applicable VAT, as well as concerning the related commission fee, if applicable.
  • Winning the Auction or obtaining the Approval does not automatically result in the conclusion of a sales contract, a preliminary sales contract or any other form of a contractual transfer of ownership rights from the Organiser or from the Seller onto the Bidder.
  • The Bidder, who won the Auction and received the Approval is entitled to sign a purchase contract with the Seller within 7 days from receiving the Approval.
  • The Bidders, who fail to fulfil their obligations within the period of time stipulated in article 7 above, will be deprived of their right to participate in other biddings organised within the ECR’s Auction Website, and their accounts will be blocked.

§ 8.

Contract execution


  • Obtaining the Approval from the Seller does not automatically translate into the execution of a sales contract between the Seller and the winning Bidder.
  • The winning Bidder shall be notified via electronic means that they have been given Approval and that they must therefore execute the respective sales contract in writing within seven days from the Approval date, at a venue designated by the Organiser.
  • Besides the information listed in article 2 above, the winning Bidder shall also be provided with the bank account number to which the Bidder shall wire-transfer the Lot’s gross purchase price (including the relevant VAT), and the bank account number to which the Bidder shall wire-transfer the Commission fee, if applicable.
  • The winning Bidder shall wire-transfer the purchase price and the Commission fee to the respective bank account numbers by the latest of 24 hours before the deadline for the contract execution (within six days from the Approval date).
  • A draft sales contract constitutes Appendix 1 to these Terms and Conditions.
  • In order to execute the sales contract, the Bidder must first wire-transfer the Lot’s final gross purchase price including the relevant VAT, as well as the Commission fee, to the respective bank accounts, by the latest of 24 hours before the deadline for the contract execution.
  • Following the contract execution, the sole proprietor Bidders shall receive a VAT invoice made out at the gross purchase price of the Lot, unless the Seller is not entitled to issue VAT invoices.
  • The ownership rights are transferred from the Seller to the Bidder once the sales contract is executed, provided that the gross purchase price including VAT and the Commission fee had been duly paid. The transfer of the ownership rights shall not occur, should the Bidder fail to pay either one of these amounts (the purchase price or the Commission fee).
  • Upon contract execution, the risks associated with losing or damaging the Lot are transferred to the responsibility of the Bidder.

§ 9.

Collection of the lot


  • The Bidder shall be notified once the Lot is ready to be collected. The collection notification shall be sent via e-mail at the e-mail address provided by the Bidder in the registration form.
  • The collection of the Lot shall be made possible within seven days after the Bidder receives the collection notification e-mail, at a venue to be designated by the Organiser.
  • The Bidder and the Organiser, or the Organiser’s authorised representative, shall conclude the Approval Protocol, a draft of which constitutes Appendix 2 to these Terms and Conditions.
  • If the Lot is to be collected by a person other than the Bidder or a person, who is not duly authorised to act on behalf of the Bidder as per the data provided in the official Polish business registry, the National Court Register, the collection of the Lot shall only be possible upon producing a written power of attorney, drawn up according to the specimen constituting Appendix 5 to these Terms and Conditions.
  • Upon collecting the Lot, the Bidder shall fill out and sign the documents whose specimens can be found in the “HELP” tab. Should the Bidder refuse to sign the said documents, the Seller may refuse to hand over the Lot to the Bidder.
  • In the event that the Lot is a vehicle, the Lot shall only be handed over once the Bidder, who purchased the Lot or their proxy has signed the civil liability insurance termination declaration pertaining to the purchased vehicle. The Organiser shall submit the said declaration to the relevant insurer on behalf of the Bidder.

§ 10.

Processing of personal data


  • The Organiser shall be the personal data administrator.
  • All Users’ personal data processed by the Auction Website will be communicated to the Polish General Personal Data Inspector.
  • By submitting the registration form, the User accepts the provisions of these Terms and Conditions and gives consent for the processing of their personal data as provided in the said form, to the extent required for the proper functioning of the Website, the bidding process, and the conclusion of the sales contract. The User also agrees to their personal data being processed by the parties involved in the transactions related to the sales contracts, including the Seller and FAMAT Serwis Sp. z o. o. with its registered seat in Warsaw.
  • Providing the User’s personal data in the registration form is a necessary step to obtaining the status of the User, the Bidder, and then, possibly – of the buyer of an auctioned item.
  • The User hereby also agrees to passing their personal data to Incaso Group Sp. z o. o. with its registered seat in Koszalin, for verification purposes, to the extent provided for in the Act on Counteraction for the Introduction of Property from Illegal or Undisclosed Sources to Financial Turnover, on 16 November 2000 (Journal of Laws, 2000, no. 116, item 1216, as amended).
  • The User is liable for the veracity of the personal data provided by the User in the registration form.
  • The User has both the right and the obligation to monitor their personal data as provided by the User, and may demand that the Organiser cease their processing and/or remove the data from the Organiser’s database.
  • The User’s personal data are processed and protected by the Organiser in accordance with the provisions of the Personal Data Protection Act from 29 August 1997 (Journal of Laws, 1997, No. 133, item 883, as amended), in such a form so as to prevent any unauthorised access to such data.

§ 11.

Fees


  1. In the event that a non-Consumer Bidder fails to pay the Commission fee or the Lot’s gross purchase price and has not concluded the sales contract with the Seller within the period of time set out in § 7, article 7 above, the Organiser shall charge the Bidder with a penalty fee for the organization of the Auction and for the storage of the Lot within seven days from the Approval date, for the amount equal to the applicable Commission fee.
  2. In the event that the Bidder has not concluded the sales contract after paying the Commission fee and the gross price within the period of time set out in § 7, article 7 above, or if the Bidder has failed to collect the Lot within the period of time provided by the Organiser, the Organiser shall charge the Bidder with a penalty storage fee for the amount of:
    • PLN 50 gross for each day of delay in collecting a truck, a truck-tractor, a trailer or a semi-trailer;
    • PLN 30 gross for each day of delay in collecting a car or a motorcycle;
    • PLN 50 gross for each day of delay in collecting an excavator, a tractor or a construction machinery,
    • PLN 50 gross for each day of delay in collecting equipment and other types of Lot.
  3. A Bidder-Consumer is entitled to impose the penalty fees listed in the article 2 above on the Seller, if, following the Seller’s Approval, the Bidder pays the Commission fee and the gross purchase price within the period of time set out in § 7, article 7, but the Seller fails to conclude the sales contract with the Bidder or the Seller fails to put the Lot at the Bidder’s disposal within the stipulated period of time.

§ 12.

Organiser`s responsibility and warranty/guarantee


  1. The Organiser shall not be liable for any technical issues or limitations of the computer equipment, the end device, or the IT and communications systems used by the User, which may hinder the proper use of the Website and its contents.
  2. The responsibility for the technical compliance between the computer equipment, the end device and the IT/communications system used by the User and the Website lies explicitly with the User.
  3. The Organiser shall not be liable for:
    • Any loss of data by the User, brought about by a defective equipment or computer system, or by any other circumstances that are independent of the Organiser’s will;
    • Any repercussions arising from the User’s improper use of the Website in a manner that breaches the applicable laws or the provisions of these Terms and Conditions,
    • Any data transfer speed-related issues, which have to do with technological, technical or infrastructure-related limitations.
  4. The Organiser reserves the right to suspend or terminate the Website’s activity, particularly for purpose of the necessary maintenance, inspection or technical extension, in a manner so as not to infringe upon the User’s rights.
  5. The Lot put up for sale through an Auction is not covered by any guarantee, including by a Seller’s guarantee, unless indicated otherwise in the Auction’s description or in the given sales contract.
  6. As regards the sales contracts involving a non-Consumer party, the auctioned Lot is not covered by any warranty.
  7. The provisions of these Terms and Conditions do not override or limit the warranty rights of the Users, who are Consumers, the said rights having been guaranteed by the applicable laws and regulations, in particular of the Polish Civil Code and the Act on Consumer Rights. That said, in the event of sales contracts relating to a used (not new) Lot, the liability of the Seller under the statutory warranty for physical defects of goods is limited to twelve months from the Lot’s reception date.

§ 13.

Complaints


  • Any complaints shall be submitted in writing to ECR’s address: 2, Lipowa Street, Komorniki 55-300 Środa Śląska, or delivered via e-mail at: reklamacje@poleasingowe.pl
  • Complaints can be drafted in any form, including with the use of the Draft Complaint Form, which constitutes Appendix 4 to these Terms and Conditions.
  • Complaints must include at least the following data: the complainant’s first and last name, address, and e-mail address, the details of the pertaining Bidder and Seller, the date the contract was executed, and the Auction number. The claimant shall include a complaint letter and indicate what they require.
  • If the complaint is being lodged by a natural person, who is not the actual end beneficiary/buyer of the auctioned movable property (this includes employees, board members who are not authorised to solely represent the end beneficiary, and family members), it must be accompanied with a relevant power of attorney, duly authorised by a public notary. Such a power of attorney is also required to legalise any other actions undertaken by such persons in connection with the complaint.
  • ECR shall not be responsible for the correctness of the data filled out in the complaint form.
  • Upon receipt of the complaint, ECR will notify the User accordingly by sending him/her a notification e-mail at the e-mail address provided by the User in the registration form. The said e-mail notification shall include the complaint number, which the User should refer to when contacting ECR with regards to the complaint.
  • The complaint shall be reviewed within 14 days from its reception by ECR. The reception date shall be indicated in the e-mail notification confirming the reception.
  • Lodging a complaint does not put the pertaining Auction on hold, unless decided otherwise by ECR.
  • In the event that ECR will not be able to review the complaint within the deadline set out in article 7 above, due to the nature of the defect, the User shall be notified about the estimated time needed to review the complaint.
  • Reviewing a complaint does not imply ECR’s decision to repair the Lot, to grant a reimbursement, or to change the outcome of an Auction, or any other form of a settlement. It merely means that ECR will address the issues raised in the complaint.
  • In the event that the complaint is rejected, the User is entitled to pursue his/her rights and claims in accordance with the Polish Civil Code.
  • Users, who purchased the Lot as Consumers can settle any disputes connected to the non-performance of the sales contract in permanent arbitration courts operating within the framework of the Regional Inspectorate of Trade Inspection in Wroclaw (Polish: Wojewódzki Inspektorat Inspekcji Handlowej we Wrocławiu). Information relating to the relevant dispute resolution procedure can be found at: http://www.uokik.gov.pl, in the “Settling Consumer Disputes” tab (Polish: Rozstrzyganie sporów konsumenckich).

§ 14.

Cookies


  • The Auction Website’s proper functioning depends on the User’s granting their permission to use and store cookies, and blocking the cookies may lead to its improper functioning.
  • Users may consent to the use of cookies, their storage and access to them by selecting the relevant option in the pop-up window. Users may choose not to consent to the use of cookies or withdraw their consent by changing the relevant settings in their web browser.
  • Cookies are used to automatically collect data about the User in order to customise the Website’s settings to the User’s preferences and to optimise the User’s experience by adapting the website’s display options to the device used by the User.
  • Cookies do not change the configuration of the User’s device or the software installed on the User’s device.

§ 15.

Final provisions


  1. Any and all disputes that shall arise in connection with these Terms and Conditions between the Seller and a Bidder-Consumer shall be settled by the competent courts of law, in accordance with the applicable provisions of the Polish Code of Civil Procedure.
  2. Any and all disputes that shall arise in connection with these Terms and Conditions between the Seller and a non-Consumer Bidder shall be settled by the competent court of law with jurisdiction over the Seller’s registered office.
  3. The current, binding version of the Terms and Conditions is available on the Auction Website, in the “Terms and Conditions” tab. Upon registration, the User shall receive a free-of-charge copy of the valid Terms and Conditions via electronic means.
  4. The Organiser shall not be liable for any and all costs suffered by the User, which may arise from the User’s participation in an Auction, the User’s conclusion of a sales contract, or the User’s collection of the Lot. In particular, the Organiser shall not cover the costs associated with relocating to the location where the Lot is being stored, or with the Lot’s transportation or its loading.
  5. 5. The following Appendixes form an integral part of these Terms and Conditions: