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Terms of use of the Platform purchasing of 25.05.2018

1. Definitions:

Definitions used in the Terms of Use mean as follows:

Terms of use - the present Purchasing Platform terms of use.

Purchasing platform - closed internet service run by the Operator, by means of which auctions are organised, enquiries sent, competitive offers placed and other trade-related services provided.

Purchasing proceedings – Enquiry, Auction and announcement published on the Purchasing platform.

System Administrator - Logintrade S.A. with its registered office in Wrocław, 54-203 Wrocław, ul. Legnicka 57D, lokal B/J, entered in National Court Register, kept byDistrict Court of Wrocław-Fabryczna – 6th Department of Economy NCR, under the number 0000438056, Tax Identification Number (NIP) 8942953589, REGON 020811830.

Platform Operator – LT Serwis sp. z o.o. with its registered office in Warsaw, 00-644 Warsaw, ul. Polna 48/11, entered in the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the number 0000311815, Tax Identification Number (NIP) 8992656072, REGON 020811361 - entity responsible for issues related to the processing of personal data, in particular: receiving and handling applications, communication with the Supplier and the Buyer, managing the Supplier's database, etc..

Auction - a proceeding in which Supliers place consecutively more favourable bids (increments) that are automatically classified based on price or other parameters defined by the Buyer on the Purchasing Platform.

Enquiry - an enquiry directed at the Supplier about terms, information or proposals related to the requirements and conditions included in the enquiry.

User - an entity that has accepted the present Terms of Use and has registered at the Buyer's supplier database, for whom an account has been created and thus the access to the services provided by the Purchasing Platform granted.

Buyer - the Purchasing Platform User who sends enquiries, collects competitive offers and organises electronic auctions.

Auction participant - a user in the role of a Supplier or Auction Observer.

Supplier - a User who an enquiry is directed at, who places competitive offers and takes part in auctions as goods or services seller.

Observer - a Purchasing Platform user who does not take an active part in an auction.

Account - an account that is run for the User under a unique name (login), secured with a password. It is a resource collection, in which data and information about the User's activities on the Purchasing Platform are stored.

Competitive offer - the Supplier's will statement made within the date set by the Buyer about receiving offers in response to an Enquiry on the Purchasing Platform.

Bid - the Supplier's will statement in the course of an auction on the Purchasing Platform. If the Supplier is able to place a few bids in the course of an auction, the previous offer is no longer binding to the extent a better bid has been placed.

Offer - Competitive offer or bid.

2. Purchasing Platform Terms of Use :

  1. Participation in Auctions or placing offers in response to Enquiries by means of the Purchasing Platform is only possible for registered Users.
  2. The User is either a legal person or an organizational unit without legal personality that accepts the Terms of Use and has registered at the Purchasing Platform.
  3. Registration and participation in the proceedings on the Purchasing Platform are free.
  4. The subject of an Enquiry, competitive offer as well as an auction may not be products of services whose use is in contradiction with the law.
  5. Any actions hindering the operation of or leading to destabilization of the Purchasing Platform are forbidden.

3. Auctions and bids:

  1. E-auctions run on the Purchasing Platform are not auctions as understood by the civil code.
  2. The Supplier is bound with the last competitive offer placed in the course of an electronic auction regardless of the fact that the offer has been outbid by another Supplier.
  3. The Supplier is bound by the content of the offer they have placed during an Auction within the period and on the conditions referring to the particular auction.
  4. The type of an Auction as well as the rules of its proceedings by means of the Purchasing Platform are defined by the Buyer, among them:
    1. the lot and requirements referring to order completion terms,
    2. offer evaluation criteria,
    3. Auction conditions, opening and closing dates,
    4. minimum increment value,
    5. binding offer date and conditions,
    6. Auction participation conditions.
  5. The information mentioned above will be available for Suppliers in the e-auction invitation.
  6. The terms of e-auction participation will be included in the e-auction invitation.
  7. The price of the Supplier's offer or the unit price of the Supplier's offer, as well the best offer price or the best offer unit price are presented in the course of an Auction.
  8. The Buyer and the Operator reserve the right to keep undisclosed the number of Suppliers, the names of Suppliers and all participants of an Auction, as well as the offer value or the competitive offers unit price.
  9. The Buyer is entitled the right to change the conditions of an Auction or to cancel an Auction before its opening, as well as the right to invalidate or withdraw from an Auction, fully or partially, even after its ending, and the right to finish an Auction without making a choice.
  10. The Buyer reserves the right to make the final choice of the Supplier. Ending of the auction does not mean adjudication to any bidders.
  11. Prices in Auctions may be nett or gross – Offer submission rules and conditions are determined by the Buyer.
  12. The Buyer reserves the right not to response to the submitted offers. Lack of response within offer validity period means that the offer has not been accepted for completion.

4. Enquiries and competitive offers:

  1. The Supplier is bound by the content of the competitive offer they have placed in terms of the date and the conditions included in the Enquiry.
  2. The Buyer reserves the right, at any time, to change the conditions of, cancel, withdraw or invalidate, fully or partially, an Enquiry made by means of the Purchasing Platform.
  3. The Buyer decides about the possibility to change competitive offers placed by Suppliers before the offer submission time limit.
  4. Offers placed after the offer submission time limit may not be taken into consideration in the process of offer selection.
  5. Competitive offers are placed in nett or gross – Offer submission rules and conditions are determined by the Buyer.
  6. The Buyer reserves the right not to response to the submitted offers. Lack of response within offer validity period means that the offer has not been accepted for completion.
  7. The Buyer reserves the right to make the final choice of the Supplier.

5. Offer selection approval, basis for completion:

  1. Offer selection results are approved by the Buyer.
  2. The Buyer reserves the right to invalidate, fully or partially, the proceedings in case:
    1. the price of the best offer is higher than the Buyer's original order budget,
    2. placing the order is not in the Buyer's interest,
    3. the proceeding has a flaw that hinders a valid conclusion of a contract.
  3. Offer selection is communicated to the Suppliers via electronic means.
  4. The basis for completion of an accepted offer is either a contract signed by the Buyer or a written order sent to the Supplier within the offer validity period.
  5. The Supplier does not have the right to call into question offer selection results unless it has been otherwise specified in the Purchasing Proccedings documentation.

6. Operator obligations and responsibilities:

  1. The Operator provides incessant acces to the Purchasing Platform, except for the technical breaks, necessary for the Platform's operation.
  2. The Operator is obliged to inform all the Users about any additional paid services that have been introduced into the Purchasing Platform, as well as not to charge any fees unless a service has been ordered by the User.
  3. With the proviso of the limitations resulting from the generally applicable law, the Operator does not bear responsibility for the damages resulting in relation with the Purchasing Platform, its usage, inability to use it by any of the Users, its defective functioning, faults, deficiencies, interferences, defects, delays in operation and transfer, computer viruses, system or line failures.
  4. The Operator bears responsibility neither for the User's activity within the service nor for an inadequate completion of or lack of completion of contracts resulting from auctions or from submitted competitive offers. The Operator does not bear responsibility for the consequences of the Users' or third parties' actions that are in breach with the terms of use.
  5. The Operator does not bear responsibility in particular for:
    1. the quality, security or legality of goods and services provided by the Suppliers,
    2. authenticity and truthfulness of the information provided by the Users,
    3. not concluding a contract by the Users,
    4. any hindrances to the User or their inability to take part in an Auction or sumbit an offer, for reasons unrelated to the Operator,
    5. damages resulting from the lack of execution or inadequate execution of contracts that have been concluded by means of the Purchasing Platform, as well as the damages resulting from other Users' activity or their desistance.
  6. The Operator does not bear responsibility for the Purchasing Platform acount name and password disclosures to third parties by the Supplier.
  7. The Operator is not a party to contracts concluded between the Buyers and the Suppliers. The Operator in particular does not bear responsibility for any claims of the Users' who have concluded a contract as a result of an Auction or on the basis of enquiries and submitted competitive offers by means of the Purchasing Platform.
  8. The Operator is not a competent institution for settling conflicts between the Buyer and the Supplier.
  9. Conflicts between Suppliers and the Operator will be settled by the court having jurisdiction over the city of Wroclaw.

7. Data protection within the scope of processing by the Purchaser:

  1. The administrator of personal data in the scope of consideration of User offers is the Buyer..
  2. For data protection matters, please contact the Data Protection Officer at: ochronadanych@logintrade.com.pl..
  3. Users' data are processed on the basis of their consent given during the registration process solely in order to ensure the consideration of the offer.
  4. The Controller does not envisage sharing the processed data with third parties, except as provided by law.
  5. Personal data is processed for the period necessary to perform the service, unless otherwise provided by law.
  6. Personal data is provided by the User voluntarily, however, its provision is a necessary condition for using the Procurement Platform.
  7. The User has the right to access the content of their personal data and to correct, delete or limit the processing of their personal data.
  8. The User has the right to object to the processing as well as to transfer the data.
  9. The User has the right to withdraw your consent to the processing of your data at any time. The exercise of the right of withdrawal shall not affect processing carried out on the basis of the consent prior to the withdrawal.
  10. The User has the right to complain to the supervisory authority.
  11. The Controller does not allow the use of the services indicated in these Regulations anonymously or with the use of a pseudonym.
  12. The Controller shall ensure the protection of personal data in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (consolidated text: Journal of Laws from 2016, item 922), and after 25 May 2018 in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (Official Journal of the EU L 119 of 4 May 2016) and national legislation .

8. Protection of personal data in the scope of processing by the System Administrator and the Operator:

  1. As regards the management of the procurement platform, the controller of the data concerning the Suppliers, Contractors and Customers of the Buyer registered on the procurement platform is Logintrade S.A. with its registered office in Wrocław (System Administrator), e-mail address: kontakt@logintrade.pl, who entrusts the data processing to LT Serwis sp. z o.o. with its registered office in Warsaw (Platform Operator).
  2. In matters related to data protection with regard to its processing by Logintrade S.A. and LT Serwis sp. z o.o., please contact the Data Protection Officer, e-mail address: ochronadanych@logintrade.pl.
  3. Users’ data is processed by Logintrade S.A. and LT Serwis sp. z o.o. on the basis of the consent given by them during the registration process solely in order to ensure the functionality of the Buyer's procurement platform.
  4. The Controller does not envisage sharing the processed data with third parties, except as provided by law.
  5. Personal data is processed for the period necessary to perform the service, unless otherwise provided by law.
  6. Personal data is provided by the User voluntarily, however, its provision is a necessary condition for using the Procurement Platform.
  7. In view of the data processed by Logintrade S.A. the User shall be entitled to all rights provided for in point 7, par. 7-10.
  8. Logintrade S.A. with its registered office in Wrocław performs the functions of the Procurement System Administrator and performs tasks related to ensuring the proper functioning of the Procurement Platform.
  9. LT Service with its registered office in Warsaw performs the functions of the Platform Operator and performs tasks related to the processing of personal data as part of the operation of the Procurement Platform.

9. Enterprise Secret:

  1. The Buyer stipulates that any technical, technological, organizational information of the Buyer's company undisclosed to the public in accordance with the law, or other information having commercial value for the Buyer made available to the User in connection with using the Procurement Platform are legally protected business secrets of the Buyer, unless the User and the Buyer agreed otherwise in writing under pain of nullity.

10. Final provisions:

  1. The Terms of Use become binding for the User the moment they register at the Buyer's supplier database and create an Account on the Purchasing Platform.
  2. The Operator may suspend an Account for a determined or indetermined period in case the User's activities are in breach with the Terms of Use, have negative influence on the service's image or are in any way harmful to the Operator or the Buyer.
  3. Cases not regulated by the present Terms of Use will be resolved on the basis of appropriate Civil Code regulations, acts of law and regulations issued on their basis.