Terms and Conditions of online auctions organized by EUROPEJSKIE CENTRUM REMARKETINGU Sp. z o.o. with its registered office in Komorniki.
- These Terms and Conditions of online auctions organized by Europejskie Centrum Remarketingu Sp. z o.o. z/s in Komorniki define the rules of providing services by electronic means by Europejskie Centrum Remarketingu Sp. z o.o. for the benefit of Users, consisting in selecting buyers of movables through the https://poleasingowe.pl/ portal.
- Chrome version 16 or higher,
- Firefox version 11 or higher,
- The electronic device by means of which the User uses the Portal must be equipped with legal and updated antivirus software.
- The Organiser has the right to suspend or temporarily limit the possibility of using the Portal or its parts, in particular due to failures, technical interruptions or other reasons, including those of an independent nature, for the time necessary to remove the above mentioned irregularities.
Terms used in these Terms and Conditions shall have the following meanings:
Auction - a form of sale of movable property through the www.poleasingowe.pl website, organized in the form of an auction (tender), consisting in the electronic submission by the Bidders of individual offers for purchase of movable property within the meaning of art. 66 (1) § 1 of the Civil Code, to which the Auction relates. The purpose of the Auction is to select the buyer of the movable property to which the Auction applies. Auction can also be conducted in the form of Bidding Agent Auction, Manual Auction, Buy Now Auction or Bid Sell. Whenever the Terms and Conditions refer to Auction, this shall also include Bidding Agent Auction, Manual Auction, Buy Now Auction, "Package" Auction and Auction Sale, unless nothing else follows from the Terms and Conditions.
"Package Auction" - Auction concerning at least two pieces of Goods, which can only be purchased together. Tenders submitted within the framework of the "Package" Auction are valid jointly for all Goods covered by the Auction. The Bidder is not able to submit an offer concerning only some of the Goods covered by such Auction. The "Package" auction can be conducted in the form of Bidding Agent Auction or Manual Auction.
Buy Now Auction - Auction where you can only make an offer to buy the Goods for the Buy Now Price.
Buy Now Price - the price indicated on the page of a given Auction or Auction Sale constituting an invitation to submit an offer to buy Goods in a certain amount. Submission of such an offer shall result in immediate termination of the Auction. The Bidder who made an offer to buy the Goods for the Buy Now Price becomes its winner and in the case of a being granted a knockdown, is given the opportunity to buy the Goods. The possibility of placing an Offer for the Buy Now Price can be introduced within each Auction type.
Working Days - all days from Monday to Friday, except for public holidays in Poland and those days expressly indicated by the Organiser and communicated to Users where the Organiser does not work.
Working Hours - 9am to 5pm each Working Day.
Knockdown Guarantee - in case of auctions marked with these symbols, the Owner guarantees to grant a knockdown if the minimum price is reached, with the exception of situations in which the sale of the Goods is not possible due to formal and legal reasons.
Consumer - a natural person performing a legal transaction with an entrepreneur which is not directly related to its business or professional activity within the meaning of Article 221 of the Civil Code.
Bidding Agent Auction - Auction, where the Bidder has the option of automatic bidding by the auction system. The offer is each time increased by the minimum amount of the action, up to the maximum amount proposed by the Bidder. Auctions conducted in this manner shall be marked accordingly.
Manual Auction - Auction, where the Bidder submits a separate bid each time by entering the amount of the bid in the auction system. The submitted offer is presented in the list of offers. Manual bidding does not include the automatic raising of the auction system.
Multi-bidding - a Portal function that enables parallel bidding within a maximum of 5 Auctions from one browser window. Each of the bids submitted using the Multi-bidding concerns a separate Auction and a separate piece of Goods or package of Goods.
Bidder - User who submitted an offer to purchase movable property (Goods) through the Auction. The Bidder may be a natural person (within the scope of their business activity or as a Consumer), as well as a legal person, organizational unit without legal personality, where entities other than natural persons participate in the Auction through their representative.
External announcement - announcement of an auction taking place on another auction portal, which ECR is not an organizer. Taking part in such an auction requires creating an account on such a portal and accepting the rules established by its organiser.
Organizer or ECR - Europejskie Centrum Remarketingu Sp. z o.o. with its registered office in Komorniki at ul. Lipowa 2, 55-300 Środa Śląska, a company registered in the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Department of the National Court Register, under no: 0000331675, NIP: 8942976550, REGON: 021014968, share capital in the amount of PLN 50,000, which conducts business activity, among others, in the field of intermediation in the sale of movables belonging to third parties or in the sale of movables owned by ECR.
Portal – www.poleasingowe.pl website or its subdomains, through which the Organiser provides services electronically. Online auctions are conducted on the Portal in order to select the buyer of the movable property (Goods). The selection of the buyer of the Goods is possible only through the Portal.
Commission - fee payable to the Organiser charged to the Bidder, whose offer was selected through the Auction, for organising and conducting the Auction. Information about the need to pay the Commission and how to calculate it can be found on the Auction page. The amount of the Commission can be calculated by the Bidder using the Commission calculator located on the Auction website. The Bidder is obliged to pay the Commission irrespective of the payment of the purchase price of the Goods.
Goods - movable property put up for sale through the Portal, in particular cars and machines from completed lease agreements, rental agreements, fleet agreements or others.
Entrepreneur - a natural person, legal person or organizational unit referred to in Article 33(1) § 1 of the Civil Code, conducting in its own name a business or professional activity. In the case of natural persons, the Entrepreneur is a person who has additionally submitted to the Organiser a declaration that the activities undertaken by that person through the Portal are directly related to their business activity and have for them a professional character resulting in particular from the subject of their business activity, regardless of the content of information made available on the basis of the regulations on Central Register and Information on Business Activity.
Terms and Conditions - these Terms and Conditions of online auctions organized by Europejskie Centrum Remarketingu Sp. z o.o. with its registered office in Komorniki. It defines the rules of rendering services by Europejskie Centrum Remarketingu Sp. z o.o. by electronic means through the Portal, the conditions of concluding and terminating agreements on rendering such services, the rules of organization and participation in Auctions, including the procedure of purchasing movables offered on the Portal and the procedure of complaint proceedings. The Terms and Conditions are made available to the Users through the Portal free of charge in a form that allows for its restoration, downloading and recording (saving).
Seller - the entity concluding a sale agreement of the Goods with the Bidder who has been granted a knockdown for the conducted Auction. The Seller can be both the Owner and the Organizer. Information about the entity being the Seller is given on the Auction page.
offer sale – a form of sale of the Goods through the Portal consisting of electronic submission of individual price offers to purchase the Goods. Within the framework of the Auction Sale it is allowed to submit an offer lower than the minimum price or the starting price. All submitted bids are classified (including the currently highest bid). Sales conducted in this manner shall be marked accordingly.
User - an adult natural person having full legal capacity, being an Entrepreneur or a Consumer, a legal person or an organizational unit without legal personality, acting through its representative authorized to represent it, registered on the Portal, who, as a result of registration, received a login and a password and gained access to electronic services provided through the Portal under the terms of the Terms and Conditions.
Owner - the entity that owns the movable property to which the Auction relates. Information about the entity being the Owner is given on the Auction page.
Applicability of the Terms and Conditions
- Registration on the Portal means unconditional acceptance of the provisions of these Terms and Conditions.
- Before participating in the Auction, each Bidder is obliged to acquaint oneself with the rules specified in the Terms and Conditions and additionally with the terms and conditions of the Owner of a given Goods.
- Information about separate terms and conditions of the Owner is placed each time on the Auction page.
- These Terms and Conditions apply to all Auctions conducted through the Portal. In case of discrepancies between the content of the terms and conditions of a given Owner, these Terms and Conditions shall apply to the extent that they do not contradict the provisions contained in the Owner's terms and conditions. In the remaining scope, the terms and conditions of the Owner shall apply.
- The User will be informed about the change of the Terms and Conditions through the Portal, including information addressed directly to the User.
- Each User is obliged to become familiar with the content of the amendments to the Terms and Conditions and accept its new wording when submitting the first offer on the Portal after the date the amendments come into force.
- The User may refuse to accept amendments to the Terms and Conditions. In case of refusal, it is deprived of the possibility to place bids on Auctions organized on the Portal.
- The new wording of the Terms and Conditions shall be binding on the User from the moment of their acceptance.
- The provisions of the new wording of the Terms and Conditions shall apply to all sale processes of the Goods which auctions started after the date of entry into force of the new Terms and Conditions indicated by the Organiser. The new wording of the Terms and Conditions shall apply to the processes of sale of Goods which auctions started before the effective date of the Terms and Conditions in their current wording.
- Registration on the Portal is free of charge and consists in sending an electronic form containing at least the following data of the entity making the registration:
- Name (full name),
- Address of residence/registered office,
- NIP [Taxpayer. ID no.],
- E-mail adress;
- KRS [National Court Register] (if any),
- PESEL [Polish Resident Identification Number](if any).
- When registering, the registrant chooses a unique login and password of the strength suggested by the Portal during registration. The login chosen by the User may not contain words or expressions that violate the rights of third parties or are otherwise contrary to the principles of social coexistence. The Organizer reserves the right to refuse to activate the User's account or to block it if it does not meet the above condition. The User is obliged to change the password periodically, at least once a month.
- User registration and confirmation of the data may be subject to additional authorization - by e-mail, SMS code or automatic transfer. The SMS code will be sent to the mobile phone number given during registration. In the case of authorisation by transfer, the funds transferred in connection with the authorisation will be returned to the account from which the transfer was made within 5 Business Days of the completion of the authorisation process.
- In the case of an account set up for an entity conducting business activity, in the registration form, the entity declares that the activities performed by it through the Portal are undertaken directly in connection with the business activity conducted by the entity (i.e. as an entrepreneur within the meaning of art. 431 of the Civil Code) and have a professional character resulting in particular from the subject of its business activity, regardless of the content of the information made available under the provisions on the Central Register and Information on Business Activity.
- The Organizer reserves the right to refuse to activate the User's account in case of violation of the provisions of the Terms and Conditions by the entity making the registration, taking actions by the User which have a negative impact on the operation of the Portal, including those causing disruption of its functioning or posing a threat to its safety, or to have justified doubts as to the authenticity of the data contained in the registration form.
- Upon activation of the account between the User and the Organizer, an agreement on provision of services by electronic means is concluded, the subject of which are the services provided by the Organizer using the Portal on the terms specified in the Terms and Conditions.
- One entity with a specific NIP or PESEL number can be the holder of only one user account, and natural persons can register as both Entrepreneurs and Consumers.
- The use by Users and unregistered entities of accounts belonging to other Users is prohibited. Users are not authorized to grant access to their accounts to third parties. The Organizer is not responsible for the consequences of making the data available to third parties. The acts or omissions of the persons to whom the User has given access to the User's account shall be considered as acts or omissions of the User.
- The Organizer reserves the right to demand from the entity registering additional documents and information in order to implement adequate security measures in connection with the implementation of the obligations arising from the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Dz. U. 2018 item 723 as amended) or other regulations imposing on the Organizer or the Seller the need to verify contractors..
- The User may at any time terminate the agreement on the provision of electronic services by submitting to the Organiser an appropriate declaration on the termination of the agreement on the provision of electronic services by selecting the appropriate option (pressing the button "DELETE ACCOUNT" which is located in the panel of the bidder on the Portal). Termination of the contract for the provision of services by electronic means shall take place with immediate effect, but not earlier than after the expiry of the submitted offers for the purchase of the Goods and completion of the commenced purchase transactions for the Goods. Deletion of the account does not result in withdrawal of the offer submitted by the User and does not release the User from the obligation to perform other obligations arising in connection with the use of the Portal. Offers submitted by the User and won Auctions have the effects provided for in these Terms and Conditions.
- The Organizer reserves the right to block the User's account with immediate effect in the following cases:
- User's breach of the provisions of these Terms and Conditions,
- taking by the User actions affecting negatively the operation of the Portal, including those causing disruption of its functioning or posing a threat to its safety,
- having reasonable doubt as to the accuracy of the data contained in the registration form or documents submitted by the User,
- distortion of the competitive conduct of the Auction,
- failure to comply with the bid submitted through the auction by the Bidder who won the Auction,
- suspension or cessation of the User's activity or loss of the Entrepreneur's character (in the case of Users who are not Consumers).
- The Organiser shall block the account by notifying the User of the reasons for such blockade.
- The User whose account has been blocked cannot take part in subsequent auctions.
- In the case of blocking the User's account, the Organiser may unblock it on condition that the effects of actions that are the premise for blocking the account are removed or that the User declares that the infringements committed will not be repeated and that the User pays the Organiser a fee equal to the amount of:
- the sum of all penalty fees charged to the User who is an Entrepreneur for failure to comply with the submitted Offers to purchase the Goods in accordance with Chapter XVI of the Terms and Conditions, but not less than PLN 1000 - in the case of blocking the User's account for failure to comply with the submitted offers to purchase the Goods,
- the sum of all penalty fees charged to the User who is a Consumer for the User's failure to comply with the submitted Offers for the purchase of the Goods - in the case of blocking the User's account due to the User's failure to comply with the submitted offers for the purchase of the Goods,
- PLN 1000 in case of blocking the User's account for other reasons.
- The Organizer may refuse to unblock the User's account even if the User has paid the fee. The fee paid is then reimbursed.
- The Organiser shall be entitled to terminate the agreement for the provision of services by electronic means, with 14 days' notice for important reasons (impossibility to provide the service, force majeure or other unforeseeable reasons beyond the Organiser's control, account blocking lasting at least 12 months). The Organiser shall submit the notice of termination of the agreement to the User to the e-mail address provided by the User in the registration form.
Goods and auction advertisement
- The Goods are movables originating from completed lease, credit or other agreements, owned by the Owners to whom the Organizer provides services in the field of agency sale of movables.
- The exact description of the Goods is available on the Auction page. Auction announcements do not constitute an offer within the meaning of Article 66(1) or Article 66(1)(1) of the Civil Code, but are invitations to submit offers to purchase the Goods.
- The announcement of the Auction contains information relevant to the type and characteristics of the Goods, the form of sale and the type of Auction.
- The Auction website also presents the data of the Owner and Seller of the Goods.
- The announcement about the Auction is placed on thematic web portals.
- Before starting the Auction, the Owner sets the starting price for the Goods. The Owner may also set a minimum price for the Goods.
- The starting price is displayed on the Auction page. It may be determined taking into account the current market value of the Goods, calculated on the basis of a valuation made by the Organizer, the Seller or with the participation of an independent expert. The starting price can also be set by the Organiser or Owner in any amount, without making an expert valuation.
- On the Auction page, information about reaching the minimum price (if set) is published, except for the Auction Sale. Information about the minimum price is not displayed in the Auction. Achieving or exceeding the minimum price by the Bidder does not guarantee the conclusion of the sale agreement of the Goods.
- The Owner may decide to sell the Goods (grant a knockdown) also in case the minimum price is not reached at the Auction. The Bidder shall be bound by the offer it has submitted even if its amount does not exceed the minimum price.
- Entities interested in taking part in the Auction are entitled to perform visual inspection of the Goods. In the case of some Auctions, the possibility of visual inspection is excluded, and information in this respect can be found on the Auctions page (applies to Auctions addressed only to Entrepreneurs).
- The rules of inspection of the Goods have been regulated in the "Terms and Conditions of the Depository Site of Europejskie Centrum Remarketingu Sp. z o.o. in Komorniki", the current version of which is available at the depository sites administered by the Organizer. The rules of inspection at other depository sites shall be determined by the operators of those sites.
- The Organiser does not provide intermediary services in the scope of making the examination of the Goods by external entities. The Organiser shall not be liable for the quality and manner of performance of the above services. The manner in which these services are provided shall be determined by their providers.
- The Organiser provides video inspection services under the terms of separate regulations available at this link.
- The Organiser or the Owner may make the participation in the Auction dependent on paying the bid bond specified in the content of the Auction to the Organiser. Information about the bid bond amount and the bank account number to which the bid bond should be paid is visible on the Auction page.
- After the bid bond has been credited to the Organiser, the Organiser grants the User the possibility to take part in the Auction.
- The bid bond is interest-free.
- The bid bond paid by the Bidder who has been granted a knockdown shall be credited towards the Commission or the sale price of the Goods as indicated by the Organiser. The bid bond is returned to the other Bidders within 14 days from the date of completion of the Auction to the bank accounts from which the Bidders made the payments.
- The Organiser shall have the right to retain the bid bond if the Bidder being the Entrepreneur does not pay the entire purchase price of the Goods or the Commission within the time limit specified by the Organiser.
Course of the Auction - common provisions
- Participation in the Auction is possible only through the Portal, after prior registration made in accordance with the provisions of Section IV of the Terms and Conditions.
- The User takes part in the Auction after logging in to the Portal using the e-mail address and password provided during registration. Participation in the Auction takes place by submitting an offer to buy Goods on the website of a given Auction.
- The User is obliged to get acquainted with the current technical condition of Goods before entering the Auction, regardless of published information, valuations or photos.
- Bids submitted by the Bidders are public information except for the Auction Sale. The current highest bid submitted is visible on the Auction page except for Auction Sale.
- The value of the highest bid submitted during the Auction may be a gross or net amount, with the exact description of the nature of the price being on the Auction page.
- The minimum amount of the Auction is PLN 100.00. Bidders may submit bids for the purchase of the Goods in an amount which is a multiple of the minimum amount. Bids submitted must be larger than the highest submitted bid visible on the Auction page (except for Auction Sale). Bids are not automatically raised except for Bidding Agent Auction. The maximum amount of the increment value is 50% of the starting price (except for the Auction Sale).
- The Offer is considered to have been submitted at the moment when it reached the Organizer through the Portal, i.e. it reached the Portal server. The moment the Offer reaches the Organizer depends on a number of factors, in particular the speed and stability of the Internet connection, software and hardware used by the User.
- The moment of submitting an Offer and any other statements made through the Portal is determined by the server time appropriate for the Portal's server.
- The Bidder can also outbid their own bid, even if it is currently the highest bid in the Auction.
- The Offer binds the Bidder for a period of 3 Business Days from the end of the Auction, also in case the Bidder has not won the Auction. The Offer is binding on the Bidder also when the Bidder deletes the account from the Portal.
- If more than one bid for the same amount is submitted, the order in which the bids were submitted (the bids received by the Organiser) shall be decisive for the outcome of the auction - the bid submitted earlier wins.
- The Organizer reserves the right to verify selected offers by e-mail or telephone.
- In case of failure to confirm the verified offer or lack of telephone contact with the Bidder (incorrect number, busy or out of reach) within 1 Business Day, the offer is rejected and the User's account is blocked.
Termination and settlement of the Auction - common provisions
- The Auction ends at the end of the period for which it was announced, subject to the following provisions.
- Submitting another bid (raise) within two minutes from the moment of submitting the last highest bid in the Auction will extend the duration of the Auction by two minutes. The Auction is extended until no Bidder makes a raise within two minutes from the last highest bid. The Auction may be extended by up to 30 minutes.
- The highest bid submitted until the end of the Auction or the offer to buy the Goods for the Buy Now Price wins the Auction, if foreseen. Submitting an offer to buy the Goods for the Buy Now Price finishes the Auction, and the Bidder who made such an offer becomes its winner.
- Auction will be settled only when the knockdown is granted by the Owner through the Organizer. The Owner is not obliged to grant a knockdown to the Bidder who submitted the highest bid or made an offer to purchase the Item for the Buy It Now Price.
- Winning the Auction or granting a knockdown is not tantamount to concluding an unconditional contract for the sale of the Goods.
- Information on granting a knockdown is sent to the Bidder by e-mail and by placing it on the profile of the Bidder within 3 Working Days from the end of the Auction or, if the Seller specified such a requirement, from the moment the Bidder meets the requirements described in Chapter 11, unless the Organizer indicates a different date of granting a knockdown in the message sent to the Bidder.
- In case of not granting a knockdown within the time limit indicated above, the Bidder is no longer bound by the Offer.
Course, end and settlement of the Auction - special provisions concerning Entrepreneurs,
- Joining the Auction by a User who is an Entrepreneur (submitting an offer), means acceptance of the data concerning the Goods given in the Auction (also in case when they differ from the data contained in the valuation made by an expert).
- Descriptions and documents published in the Auction are for illustrative purposes only. Published valuations, descriptions, expert opinions, photographs and others do not constitute an element of marking or technical description of the Goods, its condition, colour and shade, equipment, completeness, wear or damage. Nor can they constitute a basis for re-establishing these circumstances.
- By submitting an offer, the Entrepreneur declares to the Organiser and the Owner that it accepts without reservation the technical and legal condition of the Goods and the completeness of its equipment, as well as the condition and completeness of the documentation.
- Offers submitted by the Entrepreneurs as part of the Portal have the character of an offer within the meaning of Article 66 (1) § 1 of the Civil Code. By submitting an offer to purchase the Goods, the Bidder being the Entrepreneur expresses to the Owner the will to conclude an agreement for the sale of Goods with the Seller under the terms and conditions of the offer, specified in the Terms and Conditions and separate regulations of the Owner.
- The Bidder being an Entrepreneur cannot cancel the offer submitted by itself.
- If there are less than 30 days left (counting from the day of the end of the Auction), the Bidder who is an Entrepreneur willing to take advantage of external financing is obliged to verify on its own and at its own expense, before taking part in the Auction, if the technical condition of the Goods will allow to obtain a positive result of the periodical technical examination without any additional corrective actions. The Organizer stipulates that the current certificate of a positive result of the technical examination of the Goods is a condition for concluding a sale agreement of the Goods using external financing.
- The Organizer and the Seller shall not be liable for failure to verify the circumstances indicated in section 6 above, including the impossibility of purchasing the Goods using external financing.
- Granting a knockdown to the Bidder who is an Entrepreneur is a declaration of acceptance of the bid submitted by it for the purchase of the Goods, subject to the condition precedent, that the Bidder will pay the gross purchase price of the Goods and the gross Commission on the date and in the manner specified in the information on the bid, as well as meet the additional requirements provided for by the Seller (providing additional documents, conclusion of a contract in writing, etc.).
Course, conclusion and settlement of the Auction - special provisions concerning Consumers,
- When making an offer to purchase the Goods through the Portal, the Bidder who is a Consumer makes a declaration of willingness to conclude a written sale agreement of the Goods with the Seller under the terms of the offer, specified in the Terms and Conditions and separate regulations of the Owner.
- A Bidder who is a Consumer may request the Organiser to withdraw his offer until the end of the Auction for important reasons. Requests for withdrawal of an offer shall be made by e-mail at firstname.lastname@example.org together with a reason.
- Granting a knockdown by the Owner to the Bidder who is a Consumer does not result in concluding a sales agreement with the Bidder who is a Consumer, but notifies him of the fact of submitting the most advantageous offer and informs about the necessity to conclude a written sale agreement of the Goods within the period indicated by the Organizer.
Verification of Bidders in terms of Know Your Customer and Anti-Money Laundering procedures
- The Bidder who won the Auction may be required to submit documents and information necessary to verify the Bidder, inter alia, in the light of the requirements of the Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing (Dz. U. 2018, item 723 as amended), other laws, regulations of the Seller in the scope of Know Your Customer and Anit-Money Laundering procedures or other internal requirements of the Seller, within 48 hours from receipt of such request.
- Along with the information about the obligation to submit documents, the Bidder shall be informed about the necessity to pay the Commission within the deadline indicated in the e-mail. Unless otherwise stated, the payment deadline is 1 Business Day.
- Verification of documents provided by the Bidder takes place on condition that the Bidder pays the Commission in advance.
- Providing correctly filled in documents and positive verification of the Bidder within the scope indicated in section 1 above (if the Seller establishes such a requirement) are a condition for granting a knockdown by the Seller. Failure to submit correctly completed documents within the time limit specified in section 1 above entitles the Seller to refuse to grant a knockdown.
- Failure to submit the documents and information referred to in section 1 within the specified time limit results in the cancellation of the submitted offer, redirecting the Goods to the Auction and entitles the Organiser to charge such Bidder with the penalty referred to in Chapter XVI of the Terms and Conditions or to retain the Commission (if paid).
- In the case of negative verification of the Bidder in the scope described in the section 1, the amount of the Commission is returned to the Bidder.
Conclusion of the contract
- Along with the information about granting a knockdown, the Bidder shall be notified by e-mail about the price of the Goods and the value of VAT and the amount of the Commission, if any, as well as the dates of their payment. Unless otherwise stated, the payment deadline is 1 Business Day.
- The numbers of bank accounts to which the price of the Goods should be paid together with the due VAT and the calculated Commission together with the due VAT, if provided for, are given to the Bidder in the e-mail message about granting a knockdown and in the Bidder's panel available after logging into the Portal.
- Before making the payment, the Bidder is obliged to verify the bank account numbers in the publicly available lists of entities registered as VAT payers, unregistered and deleted and restored to the VAT register or other registers allowing to verify the correctness of bank accounts of the Organizer and the Seller.
- The Bidder is obliged to verify the correctness of the bank account numbers indicated in the e-mail message about granting a knockdown with the information placed on its account in the Portal (tab of the Bidder's panel).
- The Bidder who is the Entrepreneur who has been granted a knockdown, is obliged to pay the selling price of the Goods and the amount of the Commission within the time limit indicated by the Organiser in the e-mail (conclusion of an unconditional agreement for the sale of the Goods), to collect the Goods at the time and place indicated by the Organiser and to conclude any additional documents required by the Seller (business relations questionnaire, PEP questionnaire, information requirements card, termination of third party insurance and others).
- In the case of the Bidder who is the Entrepreneur, the agreement on sale of the Goods is concluded at the moment of payment of the gross price of the Goods and the gross Commission (depending on which of the amounts was credited later) in full amount, unless the obligation to conclude the agreement in writing is indicated on the Auction website. The Seller may oblige the Bidder being the Entrepreneur to confirm the fact of concluding the agreement on sale of the Goods and its conditions in writing.
- In case of the Bidder who is a Consumer, the sale agreement of the Goods is concluded at the moment of signing the written sale agreement.
- The condition of concluding a written sale agreement of the Goods with the Bidder being the Consumer is payment of the gross sale price of the Goods and the gross Commission in the full amount within the time limit indicated by the Organizer and posting of the above funds on the accounts of the Seller and the Organizer, respectively, no later than at the time of concluding the agreement.
- Failure to pay the gross price of the Goods or the gross Commission in its entirety within the time limit indicated by the Organiser shall constitute a failure by the Bidder to meet the submitted offer. It causes the loss of the Bidder's right to conclude the sale agreement of the Goods, and the Goods being directed for sale in the next Auction.
- The Bidder who has not fulfilled the deadline indicated by the Organiser is deprived of the possibility to submit offers on the Portal and its account becomes blocked. Non-compliance with the offer by the Bidder shall entitle the Organiser to charge penalties to the Bidder under the rules specified in Chapter XVI.
- After concluding the sale agreement of the Goods, the Bidder receives a VAT invoice covering the price of the purchased Goods, provided that the Seller is authorized to issue VAT invoices. If the Seller is not entitled to issue VAT invoices, the Bidder will receive another document reflecting the transaction (margin invoice, contract, etc.).
- Transfer of ownership of the Goods to the Bidder takes place at the moment of concluding a sale agreement of the Goods. In case of failure to pay the Commission or the purchase price, the ownership of the Goods does not pass to the Bidder.
- At the moment of concluding the agreement, the Bidder bears all burdens related to the Goods and the risk of accidental loss or damage to the Goods, including its storage. From the date of conclusion of the agreement, the Organizer and the Seller shall not be liable to buyers who are Entrepreneurs for accidental damage or loss of the Goods.
- The sale agreement of the Goods may be concluded with the use of external financing (lease, loan, etc.) indicated by the Bidder, who has been granted a knockdown. The entity offering external financing for the purchase of the Goods can only be a reputable financial institution recognised by the Organiser, with the exception of the so-called parabanks, loan institutions and other institutions whose activities raise doubts as to their timeliness and reliability.
- The Bidder interested in purchasing the Goods with the use of external financing is obliged to notify such a wish at the latest within 24 hours from the moment of being granted a knockdown.
- The Bidder who has won the Auction is obliged to pay the Commission to the Organiser also if the financing entity is a party to the sale agreement. Payment of the Commission by the Bidder is a condition for the sale of the Goods using external financing.
- The condition for concluding a sales agreement with the use of external financing is the Seller's consent to finalise the transaction with external financing. The Bidder who wants to use external financing is obliged to send additional documents concerning the conclusion of the sales agreement using external financing indicated by the Organizer.
- The Bidder is obliged to obtain external financing within 7 Working Days from the date of winning the Auction (presentation of a promise from a financial institution or a signed contract).
- In the case of transactions using external financing, the sale agreement is concluded at the moment of payment of the purchase price including VAT by the financing entity.
- The issue of the documents necessary to obtain external financing and possible registration of the Goods shall take place after the financing entity sends the original order for documents to the Organiser together with the contract for financing the Goods.
- The Commission is not refundable in a situation where the Bidder who has been granted a knockdown will not obtain external financing.
- In the case of failure to obtain external funding within the deadline, the Bidder, who has been granted a knockdown, is obliged to purchase the Goods from own resources within 1 Business Day from the date of expiry of this deadline or to obtain information about refusal to grant external funding (at least from 1 institution).
- The Bidder loses the right to purchase the Goods using external financing in case of lack of contact from the Bidder (at least 2 attempts to contact by the Organizer). In such a situation, it shall be obliged to purchase the Goods from its own resources under the rules specified in section 23.
- In case the sale agreement is not concluded within the prescribed period, the Goods will be re-listed for the Auction.
- The Agreement may be concluded in Polish or English (in case of expressing such will by the Bidder).
- The date of payment of the Commission or payment of the price is the date on which the funds are credited to the bank accounts of the Organizer or the Seller, respectively.
Special conditions for the course of the Auction Sale
- The remaining provisions of the Terms and Conditions shall apply to the Auction Sale subject to the provisions below.
- An Auction Sale may contain a minimum price, a starting price or a suggested selling price, which do not constitute an offer within the meaning of Article 66(1) or Article 66(1)(1) of the Civil Code.
- During the Auction Sale, the Bidder may submit any offer, including a lower than the minimum price, starting price or suggested price.
- The fact of submitting an Offer is visible on the Auction page for all Users, but the amount of the submitted Offer is not displayed. Bids submitted as part of the Auction Sale are displayed on the Auction page according to the order of receipt, not their amount.
- After the end of the Auction, the Organiser shall verify the offers.
- The Owner reserves the right not to grant a knockdown to the Bidder who submitted the highest offer or to start further negotiations with the selected Bidders.
Collection of Goods
- The Bidder will receive information about the possibility of collecting the Goods in the form of an e-mail sent to the address indicated in the registration form.
- Collection of Goods is possible at the place and time indicated to the Bidder in the e-mail sent to him. As a rule, the place of collection is the place of storage of the Goods indicated in the Auction.
- The Bidder and the Organiser or their authorized representatives shall draw up a hand-over report on the Goods, constituting Attachment 1 to these Terms and Conditions or a hand-over report used by the Seller.
- In case of receipt of the Goods by a person other than the Bidder or a person who is not authorized to represent the Bidder in accordance with current data in the National Court Register, collection of Goods is possible after presentation of the original power of attorney in writing according to the template attached to these Terms and Conditions. In the case of presentation of a power of attorney, the contents of which do not include the scope of authorization indicated in the specimen attached to the Terms and Conditions or a copy of the power of attorney, the Organiser is entitled to refuse to issue the Goods. The Organizer shall not be liable for any damage to the Bidder resulting from the attempt to collect the Goods without the appropriate power of attorney (including costs of travel, employees, equipment rental, etc.).
- The person collecting the Goods is obliged to have a valid identity document with the photo. The Organiser is entitled to verify the identity of the person receiving the Goods on the basis of such a document.
- While collecting the Goods, the Bidder is obliged to fill in and sign documents, specimens of which templates are available in the DOCUMENT TEMPLATES tab (depending on the entity being the Seller) or other documents indicated by the Organizer. The Bidder will be informed by the Organiser via e-mail about the necessity to complete such documents. The refusal to fill in the above-mentioned documents will result in the refusal to release the Goods.
- If the Goods is a vehicle, the condition for issuing the Goods is signing by the Bidder, who purchased the Goods or its proxy, a statement on termination of the civil liability insurance agreement relating to this vehicle and handing it over to the Seller/Organizer.
- If the sale transaction takes place via the ECR, the notification of the sale of the Goods to the insurer and the termination of the contract are made by ECR. In such case the Goods insurance contract is valid for a maximum of 14 days from the date of payment by the buyer.
- Irrespective of the submission of the statement referred to in section 7 and 8 above, the Bidder who purchased the Goods is obliged to immediately submit a separate statement on termination of the third party liability insurance contract directly to the insurer being a party to the third party insurance contract. Possible negative consequences of failure to submit such a notice, including the calculation of the fee for the insurance policy concluded by the insurance company, shall be borne solely by the Bidder who purchased the Goods, and the Organizer shall not be liable for them.
- The condition for issuing the Goods is submission by the Bidder who won the Auction, the original documents necessary for verification of the Bidder, referred to in Chapter XI, of the Terms and Conditions no later than at the moment of issuing the Goods.
- Reservation of the exact date of collection requires prior notification of collection to the Organiser via the contact details provided in the message about the possibility of collecting the Goods. Reservation of the collection date shall be made upon confirmation of the date and time of collection by the Organiser.
- Lack of prior reservation of the date and time of collection of the Goods may result in the Organizer's refusal to release the Goods on a given day or the necessity to wait for the release of the Goods.
- The Organizer excludes the possibility of viewing the Goods after Auction, the, and before paying the price and Commission by the Bidder, who won the Auction.
- The Organiser does not provide services in preparing the Goods for issue. In particular, the Organizer does not provide services in the scope of launching the Goods, their loading or mechanical or sheet metal repairs. Bidders are required to do the above on their own.
- The costs of collecting the Goods, such as costs of loading and transport and costs of releasing the Goods from the warehouse shall be borne by the Bidder who purchased the Goods.
Processing of personal data
Contractual penalties and fees
- The Organizer is entitled to charge the Bidder being the Entrepreneur who has not fulfilled its offer to purchase the Goods (conclusion of the sale agreement, submission of the documents specified in Chapter XI and collection of the Goods), a penalty fee of 3% of the highest price offered by the Bidder to purchase the Goods, but not less than PLN 1000 or the amount of the bid bond paid, if provided for.
- In the case of failure to collect the Goods by the Bidder who purchased the Goods within the time limit indicated by the Organiser, the Organiser shall charge the Bidder being the Entrepreneur with a gross storage fee for the Goods:
- PLN 30 for each day of delay in collection in the case of cars and motorcycles,
- PLN 50 for each day of delay in collection in the case of trucks and tractor units of trailers and semi-trailers, excavators, tractors, construction machines and equipment and other items.
- The Organiser shall be entitled to charge the fee referred to in section 2 also in the case of withdrawal by the Seller from the concluded agreement due to the fault of the Bidder being the Entrepreneur or termination of the agreement on sale of the Goods. In such a case, the fee is charged until the date of submission of the statement of withdrawal from the agreement or the date of its termination.
- The Organizer is entitled to charge a penalty fee of PLN 300 to the Bidder being a Consumer who has not fulfilled its offer to purchase the Goods and has not concluded a written agreement on sale of the Goods.
- If the conclusion of the sales agreement with the Bidder being a Consumer does not occur due to the fault of the Organizer, the Bidder being a Consumer is entitled to charge the Organizer a contractual penalty in the amount of PLN 300.
- In case of failure to pay the fees referred to in the Terms and Conditions, the Organiser is entitled to transfer the information about the Bidder's debt to the appropriate business information office on the basis of the Act of April 9th, 2010 on making business information available and exchange of business data (Dz. U. 2020 item 389).
- The Organizer shall not be liable for any technical problems or technical limitations beyond the Organiser's control occurring in computer equipment, terminal equipment, ICT system and telecommunications infrastructure, which are used by the User and which prevent`s User from using the Portal and the services offered through it correctly. The Organizer shall not be liable for delays and other irregularities in the use of the Portal related to the speed of the User's Internet connection.
- The responsibility for ensuring technical compatibility between the computer equipment, terminal equipment and the ICT or telecommunication system used by the User to use the Portal and the Portal lies solely with the User.
- The Organizer is not responsible for:
- loss of data by the User due to failure of hardware, computer system or other circumstances resulting from reasons not attributable to the Organizer,
- consequences of the User's use of the Portal in a manner contrary to the applicable law or the provisions of these Terms and Conditions,
- incorrect operation of the Portal resulting from the use of browsers not recommended by the Organizer,
- speed of data transfer and related limitations, resulting from the occurrence of circumstances of a technological, technical and infrastructural character.
- The Organizer reserves the right to suspend or terminate the operation of the Portal, in particular due to the need to maintain, review or expand the technical base, in a manner that does not violate the User's rights.
- Goods offered within the Portal are not covered by the guarantee, nor is the Seller's guarantee granted for them, unless the content of the Auction or the Goods sales agreement states otherwise. In the absence of such information, the Bidder is obliged to verify on its own whether the Goods is covered by the manufacturer's warranty.
- In the case of contracts for sale of the Goods, to which the Bidder being the Entrepreneur is a party, the Seller's liability for physical and legal defects of the Goods (warranty) is excluded, and the User by entering into the auction accepts the above exclusion.
- The Seller shall not be liable to the Bidders who are Entrepreneurs for non-performance or improper performance of the Goods Sales Agreement. Any liability of the Seller for the sale of the Goods to the Bidders who are Entrepreneurs may be excluded or limited (including tort liability within the meaning of Article 415 of the Civil Code), is subject to exclusion or limitation to the furthest extent.
- Bidders who are Entrepreneurs purchasing the Goods with the use of external financing in the form of leasing hereby, as a user within the meaning of Article 709(1) of the Civil Code, waive their rights under the Seller's liability for physical and legal defects of the Goods (warranty) and any claims they may have against the Seller on this account.
- The provisions of these Terms and Conditions do not exclude or limit the rights of Users who are Consumers in the scope of warranty, and resulting from legal regulations, including in particular the Civil Code, however, in the case of sales agreements concluded with the Bidders who are Consumers, the subject of which are Used Goods (not new), the Seller's liability under the warranty shall be limited to 1 year from the date of issue of the Goods.
- Subject to mandatory regulations, the Organiser shall not be liable for information provided on the Auction website. These data come from the Goods Owners and are not subject to verification by the Organiser.
- The Organizer is not obliged to cover all or any part of the costs incurred by the User in connection with participation in the Auction, conclusion of a sale agreement of the Goods or collection of the Goods, and in particular with the access to the place of inspection of the Goods, securing transport or loading of the Goods, subject to the provisions of law of an absolutely binding nature.
- Subject to the mandatory regulations, the Organizer shall not be liable for damages (actual damage and lost profits) resulting from interruptions in the operation of the Portal, interruptions, inability to log in, defects or deficiencies, delays in the operation of the Portal or data transmission, computer viruses or other irregularities in the operation of the Portal.
- The complaint can be submitted in writing to the address of Europejskie Centrum Remarketingu Sp. z o.o., Komorniki ul. Lipowa 2, 55-300 Środa Śląska or send an e-mail to email@example.com.
- Complaints may be submitted in any form, e.g. on a prepared complaint form, the specimen of which is attached as Attachment 3 to these Terms and Conditions.
- The complaint should contain at least the following data: name, surname and address of the person lodging the complaint, data of the buyer and Seller of the Goods, date of conclusion of the agreement, auction number or registration number, e-mail address. The Complainant should enclose a description of the complaint and indicate what it is requesting.
- If the complaint is made by a person who is not the purchaser of the Goods (including an employee, a member of the management board who is not entitled to independent representation, a family member), the complaint should be accompanied by a power of attorney. Such a power of attorney is also required in the case of other activities undertaken by the above mentioned persons within the framework of the complaint procedure.
- The Organizer does not take responsibility for the correctness of the data entered on the form.
- After receiving the complaint by the Organizer, the User will receive an e-mail with confirmation of the complaint to the e-mail address indicated on the registration form. The e-mail will contain a complaint number, which you should refer to when contacting ECR staff in writing, by e-mail or by telephone.
- The complaint will be considered within 14 days from the date of receipt by the ECR of your complaint. The date of receipt of the complaint by us will be indicated in the message confirming the submission of the complaint.
- Lodging a complaint does not stop the procedure of selling the Goods in accordance with the decision of the Auction, including does not release the Bidder who won the Auction from the obligation to pay the price and the Commission and to collect the Goods, unless the Organizer or the Seller decides otherwise. This provision does not apply in the case of Bidders who are Consumers.
- If, due to the nature of the reported defect, the complaint cannot be processed within the time limit specified in section 7, the User will be informed of the estimated time limit for processing the complaint.
- Consideration of the complaint is not tantamount to repair of the Goods, reimbursement of the price, change of the Auction result or any other decision, it is only the Organizer's response to the complaint submitted by the User.
- Bidders who are Consumers have the possibility to submit disputes arising in connection with the concluded agreement to the resolution of permanent amicable consumer courts operating at the Voivodeship Inspectorate of Trade Inspection in Wrocław. Information on how to access the above mentioned dispute resolution procedures and procedures can be found at the following address: http://www.uokik.gov.pl, under the "Settlement of consumer disputes" tab.
- The Organiser does not agree to leave the Goods for the duration of the complaint processing at one of the car parks to which the Organiser has a legal title. In the event of the Bidder violating the provisions of this item, the Organiser shall be entitled to charge a storage fee for the Goods in the amount specified in Chapter XVI.
- The Organiser is not entitled to receive letters, declarations of will or knowledge addressed to the Seller.
- The Bidder, including the Bidder who purchased the Goods, does not acquire any rights (including copyrights or licenses) to use the valuation, its parts or photographs attached to the Auction Sale of the Goods. Copyright and the right to grant licenses to use the above mentioned materials are vested exclusively in the Organizer or the Owner. Violation of the provisions of the Terms and Conditions in this respect shall be associated with the assertion of the rights of the Organiser or Owner in court.
- Disputes arising between the Seller and the Bidder being a Consumer shall be subject to the decision of the competent court in accordance with the provisions of the Civil Procedure Code.
- The competent court for settling disputes arising between the Seller or the Organizer and the Bidder being the Entrepreneur shall be the common court with jurisdiction over the registered office of the Seller or the Organizer, respectively.
- The current version of the Terms and Conditions is available on the Portal, on the "Terms and Conditions" subpage. At the moment of registration, the User receives a free version of the Terms and Conditions by electronic means.
- If you have any questions or doubts, please contact us by phone or e-mail on working days from 9.00 a.m. to 5.00 p.m.: firstname.lastname@example.org, (71) 715 60 17.
- An integral part of these Terms and Conditions are the following attachments:
- Załącznik nr 1 Specimen of the acceptance protocol of the Goods
- Załącznik nr 2 Declaration of withdrawal from the contract for the provision of electronic services
- Załącznik nr 3 Complaint form
- Załącznik nr 4 Form of the power of attorney