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Terms and conditions of the Machinery Auction Service

TERMS AND CONDITIONS OF THE WEBSITE
 1.These Regulations set out the general terms and conditions, rules and manner of the provision of electronic services by TECHBID SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Gdynia, via the techbid.pl website (hereinafter referred to as „Internet service”).
§ 1 Definitions
 1.Auction - the public sale of Goods, organised at a designated time through the Website of the Service.
 2.Bid price - the selling price of the Goods specified in Polish zloty or in another currency, being the winning Bid at the Auction, including value added tax at the applicable VAT rate margin - the Bid Price does not include delivery costs and other Charges.
 3.Password - means a sequence of letter, digital or other characters selected by the User during Registration on the Website, used to secure access to the User's Account on the Website.
 4.User account - means the individual panel for each User, launched on his/her behalf by the Service Provider, after the User has registered.
 5.Auction - means a type of Bid placed by the User in which the Bidder specifies the price at which he is able to purchase the Goods.
 6.Bidder - means the Customer bidding for the Goods in the Auction.
 7.Customer - means the User who has a User Account and who takes action to purchase or who purchases a service.
 8.Login - means the individual designation of the User, consisting of a sequence of letter, digital or other characters, required together with the Password to log into the User's Account on the Website.
 9.Offer – means a proposal to conclude a contract for the sale of Goods, on terms specified by the User, including, among other things, the type of Goods, the location of the Goods, the specification of the Goods and any other data necessary to verify the Goods.
 10.Charges - means the fee paid by the Bidder and the User winning the Auction. The fees are determined individually on the basis of e-mail correspondence between the Service Provider and the Users of the Website.
 11.Regulations - means these terms and conditions of the Website.
 12.Registration - means a factual action performed in the manner specified in the Terms of Use, required for the User to use all the functionalities of the Website.
 13.Website of the service - means the website under which the Service Provider operates the Website, operating within the domain techbid.pl
 14.Durable media - means a material or a tool that allows the User or the Service Provider to store information addressed personally to the User in a way that makes the information accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the stored information.
 15.Merchandise - means the product presented in the Auction via the Website.
 16.Chargeable service/package - means the service presented by the Service Provider via the Website of the Website.
 17.Service provider - means TECHBID SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdynia (81-571), ul. Chwaszczyńska 200/200A, NIP:9581756973, REGON: 542513560, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under KRS number 0001190133; share capital PLN 5,000; e-mail: kontakt@techbid.pl, which is also the owner of the Website.
 BDO number - 000198452.
 18.User - means the entity to which electronic services may be provided in accordance with the Terms and Conditions and the law.
§ 2 General provisions and use of the Website
 1.All rights to the Website, including property copyrights, intellectual property rights to its name, Internet domain, Website of the Website, as well as to templates, forms, logos belong to the Service Provider, and their use may only take place in the manner specified and in accordance with the Terms and Conditions.
 2.The Service Provider will endeavour to ensure that use of the Website is possible for Internet users using all common Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Website of the Service are a web browser of at least Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or later, with Javascript enabled, accepting cookies and an internet connection of at least 512 kbit/s. The Website of the Service is responsive and adapts dynamically to any screen resolution.
 3.The Service Provider uses cookies, which are stored by the Service Provider's server on the User's end device when Users use the Website. The use of cookies is intended to ensure the proper functioning of the Website on Users“ end devices. This mechanism does not damage the User's end device and does not cause any configuration changes in the Users” end devices or in the software installed on these devices. Each User may disable the “cookies” mechanism in the web browser of their end device. The Service Provider points out that disabling „cookies” may, however, cause difficulties or prevent the use of the Website.
 4.In order to set up a User Account on the Website, it is necessary for the User to have an active e-mail account.
 5.It is forbidden for the User to provide content of an unlawful nature and for the User to use the Website, the Website or the services provided by the Service Provider in a manner contrary to the law, good morals, infringing the personal rights of third parties or the legitimate interests of the Service Provider.
 6.The Service Provider declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Users' data by unauthorised persons, therefore Users should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Service Provider shall never ask the User to provide the Password in any form.
 7.The User is entitled to use the resources of the Website exclusively for his/her own use. It is not permissible to use the resources and functions of the Website in order for the User to carry out activities that would harm the Service Provider's interests.
 8.Users of the Website are expected to archive information on the contracts concluded themselves.
§ 3 Registration
 1.In order to create a User Account, the User is obliged to register.
 2.In order to register, the User should complete the registration form made available by the Service Provider on the Website and send the completed registration form electronically to the Service Provider by selecting the appropriate option found in the registration form.
 3.When completing the registration form, the User has the opportunity to read the Terms and Conditions by accepting their content by ticking the appropriate box on the form.
 4.After submitting the completed registration form, the User shall immediately receive, by e-mail to the e-mail address provided in the registration form, a confirmation of Registration by the Service Provider. At this moment, the contract for electronic provision of the service of maintaining the User Account is concluded, and the User obtains the possibility to access the User Account and the services made available within the User Account.
§ 4 Free of charge services
 1.The Service Provider provides paid and unpaid services to the Users electronically. Services are provided 24 hours a day, 7 days a week.
 2.The Service Provider provides the following services to Users, by electronic means, free of charge:
 a)Maintenance of the User Account;
 b)Newsletter;
 c)Posting a comment.
 3.The Service Provider reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Users in a manner appropriate to the amendment of the Terms and Conditions.
 4.The service of maintaining a User Account is available after registration, according to the rules described in §3 of the Terms of Use.
 5.A User who has registered may submit to the Service Provider a request to delete the User Account. A request for deletion of the User Account shall be tantamount to a termination of the agreement for electronic provision of the service of maintaining the User Account pursuant to §13 of the Terms of Use.
 6.The Service Provider is entitled to block access to the User's Account and services provided by electronic means in the event of the User's acting to the detriment of the Service Provider or other Users, the User's violation of the law or the provisions of the Regulations, and also when blocking access to the User's Account and services provided by electronic means is justified for security reasons - in particular: breaking the security of the Website by the User or other hacking activities. Blocking access to the User Account and electronically provided services for the aforementioned reasons lasts for a period necessary to resolve the issue constituting the basis for blocking access to the User Account and electronically provided services. The Service Provider shall electronically notify the User of its intention to block access to the User's Account and electronically provided services to the address provided by the User in the registration form.
 7.The Newsletter service shall consist in sending by the Service Provider, to an e-mail address, an electronic message containing notification of new information posted within the Website. The Newsletter is sent by the Service Provider to all Users who have subscribed.
 8.The Newsletter service may be used by each User who activates the relevant field in the registration form on the Website during Registration. Newsletter subscription is also possible at a later date by activating the relevant field in the User Account.
 9.In order to use the Newsletter service it is necessary to have a User Account. The deletion of the Account in accordance with the provisions of the Terms and Conditions shall be tantamount to the User losing the possibility to use this service.
 10.The User may unsubscribe from the Newsletter at any time by means of an unsubscribe link included in any email sent as part of the Newsletter service or by activating the relevant field in the User Account.
 11.The free service “Posting a comment” on the Website consists in the Service Provider enabling the User to publish individual and subjective statements of the User concerning, in particular, the content presented by the Service Provider.
 12.You may opt out of the free “Post a comment” service at any time by ceasing to enter content on the Website.
§ 5 Paid service contracts
 1.The Service Provider provides to Users with a User Account, by electronic means, the paid service Package.
 2.The User may place orders on the Website via the Website or by e-mail 7 days a week, 24 hours a day.
 3.A user placing an order via the Website completes the order by selecting the Service they are interested in. A Service is added to the order by selecting the “ADD TO BASKET” command under the given Service presented on the Website. After completing the entire order and selecting the payment method in the „BASKET”, the User places the order by sending the order form to the Service Provider, selecting the „BUY AND PAY” button on the Website. Each time before sending the order to the Service Provider, the User is informed about the total price for the selected Service, all additional costs that they are obliged to bear in connection with the Agreement, as well as the duration of the Agreement, the exact scope of the Service and the date and method of its performance.
 4.Placing an order constitutes acceptance by the User of the Service Provider's offer to conclude a Contract, the subject of which is the provision of the Paid Service which is the subject of the order. Once an order has been placed, the Service Provider sends a confirmation of the order and the conclusion of the Contract to the e-mail address provided by the User.
§ 6 Payments
 1.The prices on the Website of the Service posted next to the respective service are gross prices.
 2.The final price binding on the parties shall be the price of the service as stated on the Website of the Service at the time the order is placed by the User.
 3.The User may choose the following forms of payment for the ordered Paid Service:
 a)payment card or bank transfer through an external e-payment system operated by Polskie ePłatności Sp. z o.o., a company based in Rzeszów (in this case, order processing will begin after the Service Provider sends the User an order acceptance confirmation and after the funds are credited to the Service Provider's bank account).
 4.The User shall make payment for the order in the amount of the concluded Contract within 7 Business Days.
 5.In the event that the User fails to make a payment within the deadline referred to in §6.4 of the Terms and Conditions, the Service Provider shall set an additional deadline for the User to make the payment and inform the User of this deadline on a durable medium. The information about the additional deadline for payment shall also contain the information that upon the ineffective expiry of this deadline, the Service Provider will withdraw from the Agreement. If the second deadline for payment expires ineffectively, the Service Provider will send the User a statement of withdrawal from the Contract on a Durable medium pursuant to Article 491 of the Civil Code.
 6.At the request of the User, the Service Provider shall send, by e-mail, to the e-mail address provided by the User when ordering the services, an invoice covering the ordered paid services. The invoice is delivered by e-mail in the form of an electronic file in PDF format. In order to open the file, the User should have free software compatible with the PDF format. For this purpose, the service provider recommends Adobe Acrobat Reader, which can be downloaded free of charge at the following address https://www.adobe.com
§ 7 Placing an Offer in the Auction
 1.The User, using the functionality of the User's Account, may draw up an Offer by filling in a dedicated form and specifying, inter alia, the subject of the Offer and its terms and conditions and post it on the Website, or fill in a preliminary contact form placed on the Website. In this case, the User is contacted by the Service Provider in order to collect all the data for the Bid in order to place the Bid on the Website.
 2.The content of the offer made by the User should be reliable, concern only the Goods subject to the offer, comply with the legal provisions, in particular contain information resulting from the applicable legislation and must not mislead the Service Recipients.
 3.The User is fully responsible for the content and scope of the presented Offer, including being responsible for any errors or inaccuracies of such description. In the event that the description or other content of the Offer does not meet the requirements set out in the Regulations, the Service Provider may call upon the User to correct the description and hide the visibility of the Offer until such corrections are made by the User.
 4.The User is not entitled to provide content within the Offer that contains information on the personal data of third parties and disseminates the image of third parties without the legally required permission or consent of the third party.
 5.Concluding a contract through an auction allows the User to set a minimum price. This is the lowest price at which the User is willing to conclude a contract with the Service Provider. If Bidders set prices lower than the minimum price, the contract will not be concluded. The minimum price is not disclosed to Service Recipients until a price equal to or higher than the minimum price is reached in the Auction.
 6.When placing an Offer through the Website, the User must possess the legal title to the Goods being the subject of the Auction and, in addition, the Goods being the subject of the Auction may not be prohibited Goods under the binding provisions of law or these Rules.
 7.The publication of an Auction by the User, takes place after the acceptance of the Auction by the Service Provider and the setting of the Auction parameters on the Website.
 8.From the moment an Offer is published, the User is bound by its content. The User may make changes to the content of the Offer only up to the time of the first Bid by the Bidder.
 9.The Auction Winner is obliged to pay the Price and Fees in full within 7 days of the Auction date.
In the event of a delay in payment of the Price:
a) The Service Provider reserves the right to charge statutory interest for late payment,
b) The Service Provider may also impose the following on the Bidder a contractual penalty in the amount of 20% of the amount bid, but not less than PLN 1,000.
 10.If the customer delays payment of the Price and the Charges, the seller may withdraw from the Contract of Sale after the ineffective expiry of the additional period set for payment. If the vendor exercises its right of withdrawal, the vendor may claim damages from the purchaser for lost profits, which include, but are not limited to, damage caused by non-payment of fees.
 11.Ownership of the Goods which are the subject of the Contract of Sale shall pass to the Customer upon receipt by the Seller of payment in full of the Price and Charges and delivery of the Goods.
§ 8 Conduct of the Auction
 1.The Auction Notice is posted on the Website of the Service in the form of the publication of the Bid both by the Bidder and the Service Provider. It includes in particular:
 a)Auction date;
 b)kind, type, quantity of Goods sold in the Auction;
 c)the amount of the Call Price.
 2.The Call Prices of the Auction Goods quoted during the Auction may be both gross and net amounts, the exact type of price being specified next to the specific item in the Auction.
 3.The auction is won by the nominally highest bid submitted by the time the Auction closes.
 4.Once a Bid has been placed, other Bidders have a minimum of 3 minutes to place their Bid. The Auction time is automatically extended.
 5.The service provider reserves the right to verify the selected Offers.
 6.If the verified Offer is not confirmed or the customer is not contacted by telephone (incorrect number, busy number or out of range), the Offer is rejected.
 7.Bids submitted are binding. Even if the Minimum Price is not exceeded and the Seller agrees to sell the equipment at this price, the Bidder is obliged to accept this and pay the price.
 8.In the case of sales abroad, VAT will be added and reimbursed upon presentation of the relevant documents proving that the goods have reached/exited the country of destination.
§ 9 Complaints
 1.The User may submit a complaint to the Service Provider in connection with the use of services provided electronically by the Service Provider. The complaint may be submitted in electronic form and sent to the Service Provider's electronic address. The User should include a description of the problem in the complaint notification. The Service Provider shall promptly, but not later than within 14 days, consider the complaints and respond to the User's e-mail address provided in the complaint notification.
§ 10 Responsibility of the User with regard to the content posted by him/her
 1.By posting content and making it available, the User is voluntarily distributing content. The posted content does not express the views of the Service Provider and should not be equated with its activities. The Service Provider is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
 2.The user declares that:
 a)is entitled to use the author's economic rights, industrial property rights and/or rights related to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content;
 b)the inclusion and disclosure of personal data, images and information concerning third parties within the scope of the services referred to in § 4 of the Terms and Conditions was carried out legally, voluntarily and with the consent of the persons concerned;
 c)agrees that the published content may be viewed by other Users and the Service Provider, and authorises the Service Provider to use the content free of charge in accordance with the provisions of these Terms and Conditions;
 d)consents to the development of works within the meaning of the Act on Copyright and Related Rights.
 3.The user is not entitled to:
 a)to include in the use of the services referred to in § 4 of the Terms and Conditions personal data of third parties and to disseminate images of third parties without the legally required permission or consent of the third party;
 b)to place advertising and/or promotional content as part of the use of the services referred to in §4.
 4.The Service Provider shall be liable for the content posted by Users provided that it has received notification in accordance with §11 of the Terms and Conditions.
 5.It is forbidden for Users to post content as part of the use of the services referred to in §4 of the Terms and Conditions, which could in particular:
 a)be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;
 b)infringe any third party rights, including those related to copyright protection and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations;
 c)be of an offensive or threatening nature towards other persons, or contain a vocabulary which offends against good morals (e.g. by using vulgarisms or expressions which are commonly regarded as offensive);
 d)be contrary to the interests of the Service Provider;
 e)otherwise violate the provisions of these Terms and Conditions, good morals, applicable laws, social norms or customs.
 6.In the event of receipt of a notification in accordance with §11 of the Terms and Conditions, the Service Provider reserves the right to modify or delete content posted by Users as part of their use of the free services referred to in §4, in particular with regard to content which, based on reports from third parties or the relevant authorities, has been found to violate these Terms and Conditions or applicable laws. The Service Provider does not carry out ongoing monitoring of the posted content.
 7.The User agrees that the Service Provider may use the content posted by the User, free of charge, only within the scope of the services provided by the Service Provider as part of the Website, in particular the publication of the content on the Website.
§ 11 Reporting threats or violations of rights
 1.In the event that the User or any other person or entity considers that the content published on the Website of the Service violates their rights, personal rights, good morals, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the Service Provider of the potential violation.
 2.When notified of a potential infringement, the Service Provider shall take immediate action to remove from the Website of the Service, the content causing the infringement.
§ 12 Protection of personal data
 1.The principles for the protection of Personal Data are set out in the Privacy Policy.
§ 13 Termination of contract
(does not apply to fixed-term contracts)
 1.Both the User and the Service Provider may terminate an agreement for the provision of services by electronic means concluded for an indefinite period of time at any time and without giving reasons, subject to the preservation of the rights acquired by the other party prior to the termination of the aforementioned agreement and the provisions below.
 2.The parties may terminate the contract for the provision of services by electronic means by making an appropriate declaration of intent, in particular by any means of remote communication, in such a way as to enable the other party to be aware of it.
 3.Termination of the contract on the basis of a statement by the Service Provider or the User shall be subject to a notice period of one month calculated from the date of submission of the statement to the other party, subject to . The period of notice stipulated in this provision does not exclude the statutory right of the User, who is a Consumer, to withdraw from the contract.
§ 14 Final provisions and amendment of the Rules of Procedure
 1.The content of these Terms and Conditions may be recorded by printing, saving to a media or downloading at any time from the Website of the Service.
 2.In the event of a dispute arising on the basis of a concluded agreement for the provision of services by electronic means, the parties will seek to resolve the matter amicably. Polish law shall govern all disputes arising from these Terms and Conditions.
 3.The Service Provider reserves the right to amend these Regulations. All agreements for the provision of services by electronic means concluded before the date of entry into force of the new Regulations shall be performed on the basis of the Regulations which were in force on the date of conclusion of the agreement for the provision of services by electronic means. Amendments to the Regulations shall come into force within 7 days of their publication on the Website. The Service Provider shall inform the User 7 days before the new Regulations come into force about the change of the Regulations by means of a message sent by e-mail containing a link to the text of the amended Regulations. If the User does not accept the new text of the Regulations, he/she is obliged to notify the Service Provider, which results in termination of the agreement in accordance with the provisions of §13.
 4.Contracts with the Service Provider are concluded in the Polish language.
 5.The regulations shall enter into force on 30.09.2025.

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