Terms and conditions of E-woodtrade.com portal

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Terms and conditions of E-woodtrade.com portal

Definitions

EWT – Polish auction service E-woodtrade.com, hereinafter referred to as the Service, whose owner is „PIGPD” Co. Ltd., 1 Winiarska St., 60-654 Poznań, entered into the Polish Record of Economic Activity as operating under the 365556 number, NIP (Tax ID): 781-185-63-07, REGON (No. the Polish Official Register of Business Entities): 301542254.

Auction – way of placing sales offers on the EWT web pages.

Order – palcing on the EWT website request for supply of an Item defined by a User.

Offer – placing by a User a willingness to release an Order.

User – business entity represented by an authorised adult person or an adult person who has registered with the Service according to the conditions stipulated for the EWT. The User can be both a buyer and a seller. 

Item – an item or a service placed by a User on sale using the Service's internet application. The Items can be bought with the use of different sales options.

Seller –  User who placed an Item for Auction for a certain number of days, for a defined price and selected sales option.

Buyer -  User who buys an Item.

Mandator – User declaring an Order for a certain number of days and subject to the conditions defined in an Order description.

Tenderer - User declaring his offer in the response to an Order.

Account – User profile, including his personal and contact data made by the EWT operating system, with the use of which it is possible to manage Auctions.

Administrator – legal or natural person entitled to the EWT administration by its Owner.

2. General provisions

2.1 In the present regulations there are included detailed terms and conditions for  provision of services by the EWT as well as rights and obligations of the Service Users.

2.2 The Service provide services on the basis of those regulations.

2.3 All the transactions in the Service are carried out in polish currency PLN.

2.4 In the Service there are two options available  for placing Item into transactions – by Auctions and Orders.

2.5 In the Service it is possible to put up an Item for Auction or to buy it, using different sales options:

a. by Auction which is won by a Buyer, who has offered the highest purchasing price,

b. by the „Buy It Now” option, where the Buyer buys an Item without an Auction, for a fixed price defined by a Seller,

c. Auction-style listings with a „Buy It Now” option, when the Seller can both: put an Item up for an Auction and  display it in the „Buy It Now” option. Orders can concern both: a supply of certain physical objects or providing services. Offers declared during an Auction are not binding for a Mandator untill it finishes. A Mandator can, but doesn't need to, choose one of the contractors/suppliers in between of all the Tenderers. Charges for using the EWT Service defines the included price list which can be changed temporally.  

2.6 Reprinting and publishing information from www.E-woodtrade.com  on another web pages is possible only after a written agreement of our web Administrator. It is allowed to use link to www.E-woodtrade.com together with an information about the materials available there.  (Art. 25 act 1, Polish Copyright and Neighbouring Rights Act)

3. Account use

3.1 Registration form requires filling in all the fields and entering full and real contact data. If the regulations specified in this point are violated , the User Account will be  suspended.

3.2 A person registering on the EWT fully activates his account only after clicking on the activation link sent to an e-mail address entered by User during registration process.

3.3 Every User can posess only one account in the Service.

3.4 Service User can became every adult natural person having full capacity to enter into legal transactions, legal person and organisational unit with no legal personality, which are entitled to buy rights and assume obligations on their own behalf.

3.5 If User is a legal person, on it's behalf should act a natural person entitled to it's representation.

3.6 User states that all the dates given during the registration process are authentic and consistent with an actual status.

3.7 All changes of contact and address data should be provided and actualized by User in the User's Panel.

3.8 Every User who is a natural person is oblidged to enter his name, surname, an active e-mail address, date of birth, home address and mobile telephone number.

3.9 Every User who is a legal person is oblidged to provide his company name indicating it's legal form,  seat address, contact telephone number and name and surname of a contact person. Additionally every User, who  has entrie in the KRS (National Court Register ) or EDG (Economic Activity Register ) within the Polish State, is oblidged to provide the NIP (Tax Identification Number) and REGON (No.the National Official Register of Business Entities).

3.10 On request of the Administrator, any User who would like to sell, is oblidged to send by an e-mail a scan of documents confirming his identity (an identity card  or passport) or his company existance (an actual excerpts from the National Court Register or Economic Activity Register).

3.11 The Service reserves the right to a random testing of an authenticity of the intoduced User data.

3.12 In case of  finding falseness or inaccuracy of the data, the Service reserves the right to block or remove the User's Account.

3.13 Change of an owner of an Account can be made only after the Administrator's approval.  In case this obligation hasn't been met, the transferred Account can be removed by the Administrator without notice.

3.14 Each time when an Auction or an Order is ended and a purchase-sale agreement is concluded through the EWT, there is an e-mail, including the name, address, telephone number and e-mail address of the Buyer, generated and sent to the Seller. At the same time there is an e-mail, including the name, address, telephone number and e-mail address of the Seller, generated and sent to the Buyer.

3.15  If in the Administrator's opinion a User's activity is violating the rules of the Service, the Administrator can limit or suspend  some Service functions to the User (to block or limit some of the Account functions, remove the Account, remove the contents entered by the User or postpone their appeariance in the Service).

3.16  Seller agrees to display on an Auction his location information, such as his postal code, province and city. If a Seller is an entrepreneur, there will be also his Tax ID and Company name displayed.

4. Auctions User's Rights and Obligations

4.1 A Buyer/Tenderer should read carefully a description of a displayed Auction/Order which he is going to take part in, and a Seller/Mandator should describe an Item he is going to sell in sufficient detail, because there are the parties taking part in an Auction, who will be held liable for all the consequences ensuing from a wrong description or the lack of an acquaincy with the informations about the subject and conditions of the Auction.

4.2 Decription should relate only to an an Item being auctioned/ordered. The description particularly cannot serve as a publicity and promotion of services and companies beyond the scope of the Auction/Order.

4.3 Decription of an Auction/Order and another information about terms and conditions of deal making should be reliable and authentic and they can not mislead another service Users.

4.4 Auctions and Orders descriptions are displayed only by Users. Pursuant to Art 14 of Polish  Act from 18 July 2002 on Rendering Electronic Services, the EWT Service is not liable for the contents displayed by Users. There are the Users solely liable for Items descriptions, their photographs, videos and another contents.

4.5 Course of  Auction:

a. Seller defines the initial price and has got a possibility to establish a minimum price (the lowest price he is willing to sell his product for). When a Buyer makes an offer exceeding the minimum price, the information about the minimum price dissappears from the Auction panel.

b. Users make bids and an Auction is won by a User who is offering the highest price when the Auction is over and the price offered is equal or higher to a minimum price (if it had been fixed). Minimum bidding increaments are specified as follows:

Actual Item price in PLN

Bidding increament in PLN

1,00 - 29.99

0,50

30,00-99,99

1,00

100,00-299,99

2,00

300,00-999,99

5,00

1000,00-1999,99

10,00

2000,00-2999,99

15,00

3000,00-9999,99

25,00

Above 10000,00

100,00

c. Auction can be related to a „Buy It Now” option.

d. Auction can concern one or more pieces of an Item. In case of buying at the  Auction multiple pieces of a Product, a User proposes price per one piece of the Item and defines a number of the pieces he is willing to buy for this price.

e. Auction is won by Buyers who occupy first places at ranking list. The list is made according to a criterion of a unit price, begginning from the first place (the highest unit price offer means the first place at the ranking list), untill the available stocks are exhausted. The last Buyer, who wins an Auction, can give up, if he has been assigned less pieces of an Item than the number he had declared he was willing to buy. In case more than one Buyer present an equal price offer, the winner is the one, whose offer had been displayed before.

4.6 Buy It Now:

a. Seller in advance determines the price he is willing to sell an Item for.

b. User can buy an Item for the price defined by a Seller.

c. This type of an Auction can concern one or more pieces of an Item.

4.7 End of Auction means, that the buy-sell agreement is entered into between a Seller and a Buyer who wins the Auction. Thus both contracting parties make a commitment to it's further performance, according to the Auction terms and conditions.

a. If the contact between the both parties has not been estabilished, it is possible to break the sale and purchase agreement.

b. Documented information about breaking the sale and purchase agreement by one of the parties can be the reason to block the User's Account on the EWT.

4.8 Prices

a. All the prices displayed and placed on Auction in the Service, are the net prices, which means, they do not include the VAT (Value-Added Tax).

b. Only actual and reasonable shipping charges can be added to an Item price.

4.9 Every sales offer can be verified by the Administrator and delyed if there is any justified suspicion of its violating the Service regulations or Polish law.

4.10 Seller bears full liability for all Item features, including its quality.

4.11 Orders - by an issuance of an Order in the Service, User declares requirement for the supply of a certain Item.

a. Order content and response to Offer is prepaired and displayed on the Service website directly by Users. The Service is not responsible for the content of the Orders and Offers.

b. The Service reserves the right to block or remove Orders and Offers if they violate the Service regulations or generally applicable legal provisions.

c. Items which are going to be covered by an Order, must be described in the most detailed possible way. Particularly, Order decription should contain a full caracteristic of a subject matter of an Order (for example in a form of a technical specification), time needed to perform the Order, place of the Order performace and all the characteristics which could matter while choosing the Offer.

d. In Order description it is allowed to display a sum/rate proposed for the performance of the Order.

e. Description should concern only an Item which is a subject of an Order. Particularly, the description can not serve as a publicity, in the scope, which is not the subject of the Order.

f. Mandator is responsible to the Tenderers for all the mistakes or inaccuracies of  a description. Descriptions of Orders and another information, concerning  an Item or a Mandator, should be reliable and authentic and can not mislead another Users.

g. User, displaying an Offer in the response to a placed Order, undertakes to execute independently a given service, unless a Mandator has agreed to its co-execution by another entities.

h. Offering of Order execution from a particular User's Account is binding for the Account's owner.

i. One of Users duties is to take care of the Offers not to be made through theirs account carelessly or by mistake (without becoming acquainted with and without understanding the consequences of placing an Offer). A Mandator should be prepaired to provide the service in the moment he becomes an Auction winner. He will be informed about this via e-mail.

j. After a defined priod of time, for which an Order was placed on the Service website, a Mandator can make a choice of one of the displayed Offers. Mandators do not have an obligation of choosing an Offer. The information about the choice made by the Mandator will be received via e-mail by all Users who had placed their Offers in the Service.

k. If for a validity of a contract a special form is not required, the Offer or Offers choice by a Mandator, is equivalent to a conclusion of a contract and untill its closure it is binding for the Service Users.

5. Charges and commisions

5.1The Service use is free of charge for Buyers.

5.2 All the charges for the use of the Service are nett prices.

5.3 For placing an Item on sale EWT charges fee. The detailes are specified in the „Table of charges and commisions” attatched below.

Table of charges and commisions (actual from 11.07.2012)

Offer type

Fee level

„Will sell” offer
(Auction/Offer „Buy It Now”)

3,00 PLN+23% VAT

„Will buy” offer

3,00 PLN+23% VAT

Monthly Subscription - allows you to place an unlimited number of offers "Will Sale" or "Will buy" in a month

100,00 PLN+23% VAT per month

Additional fee for the promotion (backlight) of Auction on the Auction Listing

2,00 PLN+23% VAT

                                               VAT - Value Added Tax

5.4 The Service charges fees only from Sellers. The amount of charges and all the detailes are specified in the  „Table of charges and commisions”.

5.5 The Service charges additional fees from Seller for additional service, such as an additional promotion of placed Auctions. Additional services are charged according to the  „Table of charges and commisions”. The Service does not reimburse money in case of  failure to sell an Item when a Seller had bought as well additional services.

5.5  User has got an insight to actual status of his balance, information about charges and the deals carried out within the functions available in the User Panel.

5.6 User has got an access to all the data concerning his payments and transactions made during the last 12 months.

5.7 User is oblidged to repay the debts to the Service untill the tenth day of the calendar month. User does not have an obligation to  repay the debts, if the amount of money has not exceeded 50 PLN. This stipulation shall not apply to, if the repayment of debts  is demanded by the Service or when User applies for a VAT Invoice concerning the last accounting period. Every first day of a month the Service will send to Users e-mails informing about an amount to be payed, if this amount will exceed 50 PLN.

5.8 In case if a Seller  has not payed the fee for the benefit of the Service, the Service has right to block a possibility of displaying Items by the User within 4 days since the date when the fee should have been payed. This blockade shall not affect the ongoing Auctions.

5.9 In case of a delay in a payment due to the Service, lasting longer than 14 days, the Administrator can block the Users possibility to use the Account, untill his payment will be accounted on  the Service's bank accounts, or can remove the User Account. Renewed registration of the User can take place only after the Administrator's constent.

6. Responsability

6.1 Users bear all the responsability concerning realization of agreements of sale and purchase

6.2 The EWT Administrator and Owners do not bear a liability for transactions resulting from the EWT use, particularly for any fisical and legal defects of Items, security of transactions, payment deadlines, authenticity of  Items descriptions and for any frauds made by the EWT Users.

6.3 Administrators and Owners of the Service will make every effort to the Services proper and correct functioning. The Service does not take the responsability for the lack of possibility to access the Service pages in case of  any failures, malfunctions or function recess.

6.4 The Service reserves the right to inform law enforcement agencies  in case of suspection that a User has commited a crime prosecuted ex officio.

6.5 The Service offers to its Users a possibility of reporting suspicious  Auctions or Orders. Users can easily, using a service panel available on the Service website, inform the Service about all the  Auctions or Orders which bears signs of viotaltion of rules, breaking laws, and about users violating morality or other principles of the Service.

6.6  Violation of the regulations can result in taking certain measures, including blocking and removal of the Account.

6.7 If the User three times within 6 months fails to perform an agreement made through the Service - particularly will not pay for an Item or will not transfer an Item which he had displayed in the Service, the Administrator, acting on the basis of reliable informations from Users or state authorities, can block him a possibility of buying or displaying another Items.

7. Final statements

7.1 The EWT Administrator reserves the right to make changes in the regulations.

7.2 The Service will inform to all the Users about every change being planned in a special e-mail sent for the e-mail address  indicated while registering, at least 2 weeks before the implemenmtation of the planned change. In case of an implementation of any change, the User has got the right to terminate a contract with the Service.

7.3 Logging into the Service and using it is unambiguous with an acceptation of the regulations in its actual wording.

7.4 Administrator reserves the right to monitor and verify Users Accounts and their Offers, as well as to their removal or suspention in case of stating that there are any disagreements with the regulatuions or Polish law.

7.5  User can terminate a contract with the Service in any moment after paying the liabilities to the Service and subject to execution of all the contracts made through the Service.

7.6  All the other statements of the regulations stay in force, even if one of the statements of the regulations would be found invalid by a valid court judgment.

7.7 An agreement made between a User and the Service and any potential disputes resulting from legal relationship of those two entities are subject to the Polish law and the jurisdiction of appropriate Polish common courts.

7.8 The Service can transfer of rights and obligations, resulting from an agreement with a User, on a third party, if the transferring will not cause any damage on the User's rights.

7.9 The regulations shall come in effect as of 11.06.2012 regarding operative functionalities, and regarding the funcionalities which have not been implemented in the given time, comes in effect in the moment of making them accesible in the Service.
7.10 The Service is not a party in a relationship between a Mandator and a Tenderer. The Service only makes accesible tools for comunication of the Service Users.

7.11 The Service – besides an excepction resulting from the common law and the present regulations – does not interfere in course of an Auction. Particularly has no influence on who becomes a winner and on choosing any Offer by  Mandators.

7.12 The Service has no influence on the way, shape, and content of agreements made between the Service Users. Particualrly does not take a responsability for a validity or effectiveness of contracts made through the Service.

Privacy Policy:

1. Owners and Administrators of the EWT Service shall use their best efforts to protect the personal data of the Users.

2.The personal data of the Users are proccessed by the Service according to an Polish Act from 29 August 1997 of Personal Data Protection (uniform text : Journal of Laws 2002 r. Nr 101 pos. 926, as amended) for the purpose of rendering of services by the Service.

3. The Service shares the Users data with another entities only on the basis inluded in the present regulations and the attatchement.

4. The Service uses modern safety technics to secure e-mail addresses and passwords of  Users.

5.The Administrator of the personal data is „PIGPD” Co.Ltd. 1 Winiarska St., 60-654 Poznań, entered  into the Record of Economic Activity  under the nr 365556, NIP (tax ID): 781-185-63-07, REGON (No.the National Official Register of Business Entities): 301542254.

6. The Service reserves the right to pass the IP address information to appropriate  institutions and state authorities in case, from the given address an activity harmfull for the Service is led or the Administrator of the Service states, that the violation of law provisions could have happened.

7. The Service will obtain User's acceptance before passing his data to another entities with the marketing objectives.

8. Subject to an approval obtained, the Service can send to the e-mail address of the User  publicity materials of third parties.

9. Users agree to disclose their personal data to anothr Users for the purpose of closing  transactions.

10. Some sections of the Service can use „cookies”. „Cookies” are small files sent to  User's computer to identify him, to make the given oparation easier, or to cancel it. „Cookies”are not harmfull for the User's computer and his data. A condition of the „cookies” operation is their approval  by the browser and leaving them on the disc. „Cookies” do not contain any personal data.

 

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