TERMS AND CONDITIONS OF „UŻYWANE.COM.PL”

I. DEFINITIONS

The below terms shall have the following meaning:

The Provider - DIG Serwis Anna Świtała with the registered seat at Łaziska street Dworcowa 53
„Używane.com.pl” – the Internet website under address of “www.uzywane.com.pl”, administered by the Provider and providing the platform, where Goods offered by the Seller are displayed.
The Seller – the User who displays his Goods on “Używane.com.pl” website pursuant to the Terms and Conditions.
The User – the entity that uses “Używane.com.pl” website after final registration on “Używane.com.pl”
Goods – a mobile object whose legal title is owned by the Seller, who is capable to manage the object good permitted to be offered on “Używane.com.pl” at consent of the Provider.
Terms of Use - These Terms and Conditions of use of “Używane.pl” website.

II. REGISTRATION

The website may be used by physical persons, who possess full capacity to legal transactions, legal persons and organizational units that do not possess capacity to legal transactions, but who can on their behalf purchase rights and incur liabilities.
To register on “Używane.pl” website is to necessary to complete the form available on the “Używane.com.pl” website and provide: full name and surname (or company name), address of residence (the registered seat) along with name of country and district, e-mail address, phone number, as well as confirm the Terms of Use.
The subject that carries out registration shall be a person that possesses special powers to carry out actions on behalf of these subjects in terms of registration, as well as to fulfil all rights and obligations.
The Provider reserves the right to suspend User’s account in case of irregularities specified in clause 3 and 5.
After completion and confirmation of data provided on the application form the message with confirmation will be sent at the provided email address.
Confirmation of registration means concluding of the Contract between the Organiser and the User regarding supply of services by the Provider by way of “Używane.com.pl” website according to conditions specified in the Terms of Use and acceptance of the Terms of Use, including observance of the rules.
Registration on the website is free of charge.
The User may register only once.
Following registration the User may display on “Używane.com.pl” website his Goods, by way of the form available on “Używane.com.pl” website. After acceptation and activation of the Goods by the Provider the User acts as the Seller when on website.
The Seller may not display his Goods through other Sellers and permit other persons to use them after registration on “Używane.com.pl” website.
Each User shall not reveal his access password to “Używane.com.pl” website. Any rights obtained during User’s registration are non-transferable.

III. ADVERTISEMET POSTING

The Provider enables the User to display his Goods on “Używane.com.pl” website and provides further information concerning presentations and the Goods, as well as contact data of the Seller, with reservation of clause 2.
Further information on Goods and contact data of the Seller is provided to the User for a payment, according to the pricelist attached to the Rules of Use and available on “Używane.com.pl” website.
The Provider shall not be the Party of contracts concluded between the Seller and the User and does not guarantee that the Seller and the User will conclude the Goods Sale Contract.
Sellers are bound to display on “Używane.com.pl” website Goods in respect of which the turnover does not result in infringement of applicable law regulations or third persons rights.
Regardless of stipulations in clause 4 it is not permitted to display Goods, which are forbidden in opinion of the Provider . The Provider in such case reserves the right to remove such offer after prior delivery of the notice to the Seller.
When displaying Goods the Seller shall provide the Provider with detailed description according to the manner specified by the Provider . When preparing description of Goods the Seller determines general sale conditions, including a price of Goods.
The description of Goods shall be precise and complete and shall not misinform other Users and Sellers, in particular with regard to properties of Goods as well as quality, brand and origin. Description of Goods shall be in conformity with legal requirements, and in particular shall include required information. The Seller bears absolute responsibility for description of Goods and contents placed on „Używane.com.pl” website, including any errors or inaccuracies.
The Seller is not limited with regard to number of Goods displayed on “Używane.com.pl” website, if successful registration followed.
Display of Goods on “Używane.com.pl” website does not constitute the offer pursuant to provisions of the Civil Code, but shall be recognized as invitation for tender placement.
The Seller shall not be obliged with the offer of purchase received from the User, and may make any amendment of Goods description.
The Seller may at any moment demand the Provider to remove the display of Goods placed from his own initiative on “Używane.com.pl” website. In this case the Provider will remove the display of Goods as soon as possible, depending on technical possibilities.
The display of Goods shall be removed from ”Używane.com.pl” website in particular in case of:
- Seller’s demand,
- Infringement of the Rules of Use by the Seller,
- Sale of Goods,
- Expiry of display time.

IV. THE PROVIDER AND HIS RESPONSIBILTY

The Provider shall be absolved from responsibility for any actions carried out by Users on “Używane.com.pl” website, and shall not be liable for outdated and imprecise data, as well as improper description of Goods provided by the Seller.
The Provider shall be absolved from responsibility for negligent execution or failure with regard to execution of contracts concluded between the Seller and the User, in particular will not be liable for quality, effects cause by use or legality of Goods offered by the Seller, information provided by Users, sale capacities of the Seller with regard to Goods, as well as solvency of Users who placed tenders.
The Provider does not grant any guarantee for offered Goods and will not be liable for flaws in terms of warranty.
The Provider shall not be responsible for failure to conclude the Good Sales Contract between the Seller and the User, as a result of any reason.
The Provider reserves the right to temporary restrict access to services available on „Używane.com.pl” website in case of doubts regarding proper use of the website by the User that makes for possible infringement of the Rules of Use.
The Provider shall not be responsible for no access to data displayed on “Używane.com.pl” website resulted from force majeure, failure of connection or server, and in this case the Provider shall not be liable for any loss of data sent by Users.

V. PRIVACY

The Provider respects the User’s rights regarding privacy and personal data protection and applies engineering solutions ensuring prevention against third person interference and privacy infringement.
The Provider accumulates and process Users’ personal data pursuant to applicable law regulations and provisions regarding privacy protection determined in the Rules of Use. Personal data shall be available to the Provider only and shall not be available to public, but pursuant to the Act as of 29 August 1997 on personal data protection Users grant their consent for processing and use of personal data for the purpose to ensure usability of “Używane.com.pl” website.
Disclosure of Users personal data may follow exclusively in cases determined in the Rules of Use and other justified cases, if the consent was granted by the person whose data is to be revealed. The User shall not disclose to any third person information obtained during use of “Używane.com.pl” website.
The Provider guarantees that “Używane.com.pl” website is provided with proper security ensuring personal data protection against any loss, ungrounded use or unacceptable modification hereof.

VI. RULES AMENDMENT

The Provider shall be entitled to make on his own and in scope determined by him any amendment of the Rules of Use. The amendment shall be in force on the date determined by the Provider .
The Provider shall notify the User on his intention to amend the Terms of Use, as well the date referred to in clause 1 by making this information available on “Używane.com.pl” website.

VII. COMPLAINTS

In poor provision of services by the Provider follows along with infringement of the Terms of Use, the User has right to place a complaint.
Complaints may be placed by electronic mail or in writing at the address of the Provider . The complaint shall carry a legible description of reported reservations, as well as data of the User placing the complaint.
Prior to complaint investigation the Provider may apply to the person that placed the complaint for submitting further required information.
The complaint will be examined by the Provider within 14 days after receipt hereof in the proper form, with reservation of clause 3. A replay will be in such case forwarded at the address of the User only.
The Provider explains that complaints related to events that took place in the period over 21 days since placement of the complaint will not be examined.

VIII. OTHER

The governing law regulating relationship between the Organiser and the User built or related to services provided on “Używane.com.pl” on terms determined in the Rules of Use shall be the Polish law.
Any disputes between the Provider and the User arising from the liabilities related to services provided on “Używane.com.pl” website shall be settled by the court competent for the registered seat of the Provider.
If any provision of the Terms of Use shall be unenforceable in any respect by strength of the legal decision of the court, the enforceability of the remaining shall not as a result in any way be affected or impaired.
The Terms of Use are in force since the moment of making it available on “Używane.com.pl” website.