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Terms and Conditions of Planet-auction.com platform


The owner of the Planet-auction.com platform, available at: http://planet-auction.com and the entity responsible for it is Jacek Glegoła, trading as “Planet Auction Jacek Glegoła”, with registered offices in Rybie, ul. Rybna 17, 05-090 Raszyn, registered in the Central Registration and Information on Business, NIP No.: 534-226-61-81, with whom one can contact by mail indicated above, by telephone number: 0048 601 380 203, and by e-mail at: This email address is being protected from spambots. You need JavaScript enabled to view it.



§ 1
Definitions


For the purpose of these Terms and Conditions, the following provisions are in place:
a) Administrator - Jacek Glegoła, trading as “Planet Auction Jacek Glegoła”, with registered offices in Rybie, ul. Rybna 17, 05-090 Raszyn, registered in the Central Registration and Information on Business, NIP No.: 534-226-61-81
b) Auction – an auction available in the platform, which can lead to signing a sales contract between the Seller and the Buyer, the subject thereof can solely be a Vehicle.
c) Bidder – a User who participates in an Auction
d) Account – a collection of resources created for the User through the Platform
e) Buyer – a User who won the auction, i.e. offered to buy the Vehicle being the subject of an Auction for the highest price
f) Vehicle – a car or construction or agricultural machinery that is the subject of an Auction
g) Platform – the platform available at: http://planet-auction.com
h) Account Agreement – an agreement between the Administrator and the User concluded in accordance with § 4, item 11 of the Terms & Conditions
i) User -  a natural person engaged in a business , legal person or an organizational unit without legal personality but with the ability to acquire rights and  enter into obligations on its own behalf, which has an Account in the Platform
j) Seller – a User who added an Auction in the Platform; if the Administrator added the auction on behalf of the User, then the Seller is the person who owns the Vehicle auctioned


§ 2
General provisions



1. These Terms and conditions define the principles of the use of the Platform and the rights and obligations of the Administrator and Users related to the use of the Platform.
2. The Administrator gives access to the Platform which enables sales of Vehicles. The role of the Administrator is limited to guarantee the possibility of concluding a sales contract for a Vehicle between the Seller and the Buyer by means of an Auction. The Administrator is never a party in the sales contract concluded by the use of the Platform.
3.  No special technical conditions of the PC or other devices must be met in order to use the Platform. What is necessary are:
a) Access to Internet
b) Active e-mail address
c) Standard OS
d) Standard web browser
§ 3
General Platform’s availability

1. The Platform is accessible to anyone who enters the following link: http://planet-auction.com.
2. Anyone who enters the following link: http://planet-auction.com can browse through main page as well as subpages of the Platform free of charge.
3. Browsing through the Platform can be anonymous.
4. Using other functionalities of the Platform, especially adding Auctions or participating therein requires creating an Account in the Platform.



§ 4
Creation of an Account



1. To create an Account in the Platform you must be one of the following: a natural person engaged in a business, legal person or an organizational unit without legal personality but with the ability to successfully acquire rights and enter into obligations.
2. One entity can have only one Account in the Platform.
3. In order to create an Account, one needs to fill in registration form available after clicking “Registration” at: http://planet-auction.com/rejestracja.
4. The following data must be given in the form:
a) Company name
b) Login
c) Password
d) E-mail address
e) Company’s address
f) Telephone number
g) NIP (Tax Identification Number) or VAT-EU (Value Added Tax) number

5. Illegal contents must not be entered in the form.
6. E-mail address given in the form must be active. An e-mail containing a link which confirms the creation of an Account will be sent to the given address, and one must click on this link in order to confirm Account creation.
7. After clicking the link referred to in item 6 above, the Administrator will verify the reliability of the data entered in the registration form. If the verification is positive, the Administrator will activate the Account and the User will be notified in a separate e-mail thereof. If the data entered in the registration form proves to be false, the Administrator will reject the creation of the Account.
8. If the entity creating an Account has its residence outside the EU, the Administrator may condition the creation of the Account on the transfer of the deposit of EUR 500 (five hundred) by the entity to the account of the Administrator. The deposit may be returned to the entity at any time upon the entity’s request, however is case thereof, the Account shall be deactivated.
9. For verification purposes, the Administrator reserves the right to ask the entity creating an Account for any documents confirming running a business, especially a copy from CEiDG (Central Registration and Information on Business), KRS (National Court Register) or other document confirming that the business is set up in the country where the entity creating an Account has its residence.
10. Filling in the registration form and clicking on the link referred to in item 6 above constitutes an offer to conclude an Account Agreement made to the Administrator by the entity requesting the creation of the Account.
11. Effective from the moment of Account activation by the Administrator, pursuant to item 7 above, the offer referred to in item 10 above is considered accepted by the Administrator and an Account Agreement is concluded. The entity creating the Account becomes a User.
12. The Account Agreement is concluded for an indefinite period of time.


§ 5
Features available to the User


As part of an Account Agreement concluded with the Administrator, the User can:
a) Browse the contents of the Platform
b) Edit personal data assigned to the Account
c) Add Auctions
d) Participate in Auctions


§ 6
Adding an Auction



1. In order to add an Auction, one needs to fill in the form available under “Add Auction” at the following link: http://planet-auction/dodaj-aukcje.
2. Firstly, the brand of the Vehicle has to be chosen from a dropdown list in the form. Depending on the brand, the remaining fields to fill in will be adjusted.
3. Fields marked by an asterisk (*) are mandatory, which means that failing to fill them in shall result in a failure to add an Auction.
4. Data entered in the form must be accurate and complete and must not mislead other Users, in particular regarding the characteristics of the Vehicle, such as: quality, origin, brand, etc. The Vehicle description shall be in accordance with the requirements of the law, above all, it should contain information required in these particular circumstances. The User is fully responsible for the content posted by them in the Vehicle description, including any errors or inaccuracies thereof.
5. Photos of the Vehicle can be added when the form is filled in. It is mandatory to add at least one photo of the Vehicle. The lack of at least one photo precludes the addition of the Auction.
6. Illegal contents must not be entered in the form.
7. “Save” button should be clicked once the form is filled in and the photos added.
8. By clicking “Save” button, the User sends the contents of the Auction to the Administrator.
9. The User declares that:
a) The state of the Vehicle complies with the photos thereof, referred to in item 5 above,
b) The Vehicle is free of legal and physical defects
c) They are the legal owner of the Vehicle
d) The Vehicle is not subject to lease agreement
10. The Administrator shall contact the User within 24 hours from the receipt of the contents of the Auction and shall present them with an offer of the Agreement on Adding an Auction, together with the details of Auction appearance in the Platform, and in particular with the proposed duration of the Auction.
11. The User shall also receive from the Administrator the Agreement on Adding an Auction in .doc format. If the User agrees to the terms and conditions of the Agreement, they shall print out two copies thereof, sign both of them legibly with full name and also sign each page of the Agreement. The Agreement shall then be sent to the address of the Administrator by mail.
12. The Administrator shall make the Auction visible in the Platform within 24 hours from the receipt of the correctly signed copies of the Agreement on Adding an Auction. The Administrator shall send a signed copy of the Agreement on Adding an Auction to the User within the following 24 hours.
13. If the copies of the Agreement on Adding an Auction are not properly signed by the User, or contain changes added by the User not previously agreed on with the Administrator, the Administrator shall reject making the Auction visible in the Platform, informing the User thereof.
14. Each Auction added by the User in accordance with the procedure described above is shown in the User Account in the tab "Your Auctions". The Auction has the status of active or inactive. The Auction becomes active when the Administrator makes it visible in the Platform pursuant to item 12 above.
15. Any changes to the contents of the Auction after it is made visible are possible only with the consent of the Administrator.
16. From the moment the Auction is made visible in the Platform pursuant to item 12 above and until its end, pursuant to § 7 items 17 and 18 of the Terms and Conditions, the Seller is bound by the contents of the Auction.


§ 7
Participation in an Auction


1. The User may participate in any Auction visible in the Platform except for the Auctions added by themselves.
2. All available Auctions are accessible from the main page of the Platform.
3. By clicking on the name, description, photo of the Auction or “Bid” button, the User goes to a subpage of the Platform that contains details of the Auction, including its duration.
4. All prices visible in the contents of an Auction and in the Platform are net prices, which do not include VAT. If a transaction between the Seller and the Buyer leads to a tax liability as regards to the tax on goods and services, and the Seller is the payer thereof, the net price should be increased by VAT according to the rates in force. If the Buyer is uncertain if the transaction with the Seller will lead to a tax liability as regards to the tax on goods and services, they should contact the Seller or the Administrator in order to make suitable arrangements.
5. After familiarizing themselves with the details of an Auction, the User may take a decision whether to participate therein.
6. Participation in the Auction is done through bidding.
7. Bidding is when the User makes a sales offer to buy a Vehicle which is the subject of the Auction, for the price quoted by the User.
8. A User who wants to participate in the Auction shall quote a prize for which they want to buy the Vehicle which is the subject of the Auction and click “Bid”.
9. By clicking “Bid” the User becomes the Bidder.
10. By submitting a bid, the Bidder agrees to transfer to the Seller the following information included in their Account: company’s name, company’s address, full name, e-mail address, telephone number.
11. By clicking “Bid” button the User (Bidder) submits to the Seller a sales contract offer for the Vehicle which is the subject of the Auction, for the net price quoted by the User.
12. The bid submitted by the User (Bidder) is registered in the Administrator’s system and made visible in the Platform.
13. The bid submitted by the User (Bidder) is legally binding and its retraction is possible only with the consent of the Seller. Moreover, the Administrator reserves the right to retract the bid submitted by the User (Bidder), if the User (Bidder) breaches the Terms and Conditions, in particular item 15 below.
14. The User (Bidder) can make an unlimited number of bids on one Auction, however each new bid must be higher (higher net price for the Vehicle on Auction) than the previous one.
15. The User shall not take actions leading to unfair increase of the prices while bidding, in particular making bids on Auctions of other Users, with whom the User making the bid remains in business relationship raising reasonable doubts that both parties act in concert in order to influence the outcome of an Auction.
16. Any doubts about the bids submitted by the Users (Bidders) shall be settled by Administrator and binding.
17. Each Auction is set to last a certain amount of time and has its precise end date (day, month, year, hour, minute, second). This information is visible in the contents of the Auction.
18. Regardless of the end date of an Auction, referred to in item 17 above, the duration of an Auction shall be extended if during the last 3 (three) minutes prior to the completion of an Auction as determined in accordance with item 17 above, a bid shall be made as referred to in item 11 above. In such a situation, the duration of the Auction shall be extended by 3 (three) minutes from the time of the last bid. If another bid shall be made during the extended time of the Auction, the duration of the Auction shall again be extended by 3 (three) minutes from the time of the last bid. The Auction ends when during its extended time no subsequent bid is made.
19. When the Auction ends, if any of the bids submitted is equal to or exceeds the minimum price set by the Seller, a sales contract for a Vehicle which is the subject of the Auction is concluded between the Seller and the Bidder who made the biggest bid (offered the highest price for the Vehicle which is the subject of the Auction) for the net value quoted by the Bidder. If the transaction between the Seller and the Buyer leads to a tax liability as regards to the tax on goods and services, and the Seller is the payer thereof, the net price should be increased by VAT according to the rates in force.
20. If none of the bids submitted (price of the Vehicle which is the subject of the Auction) is equal to or exceeds the minimum price set by the Seller, a sales contract for a Vehicle is concluded only if the Seller agrees thereto. The minimum price set by the Seller is not visible to the Users, but upon participation in an Auction and making a bid to buy the Vehicle, the User shall receive a message whether their bid exceeded the minimum price or not.
21. If several Bidders submitted a bid to buy the Vehicle which is the subject of the Auction for the same net price, the sales contract is concluded between the Seller and the Bidder who submitted their offer first.
22. When the Auction ends, the Seller and the Bidder shall receive a relevant notification by e-mail. If no User took part in the Auction, the notification is sent only to the Seller.



§ 8
The Administrator’s compensation


1. If an Auction is completed and results in a sales contract for a Vehicle as referred to in § 7 items 19 and 20 of the Terms and Conditions, the Administrator is entitled to compensation from both the Seller and the Buyer.
2. The compensation to be paid to the Administrator by the Seller is 1500 PLN (one thousand five hundred) net.
3. The compensation to be paid to the Administrator by the Buyer is 2500 PLN (two thousand five hundred) net.
4. The payment of the remuneration will be in accordance with the provisions of § 9 item 2 of the Terms and Conditions.
5. The User agrees to be sent an invoice for the remuneration for the Administrator by e-mail, to the e-mail address associated with the Account.
6.If he does not pay the proforma invoice for the purchased item within 3 working days from the date of its issue, the charge boards will have a contractual penalty for failure to comply with the offer submitted in the amount of PLN 3,000, payable within 7 days of receipt of the debit note to the indicated e-mail address.


§ 9
Sales contract and its execution


1. Pursuant to the sales contract concluded in accordance with § 7 items 19 or 20 of the Terms and Conditions, the Seller undertakes to transfer the ownership of the Vehicle which is the subject of the Auction, to the Buyer and hand out the Vehicle to them, and the Buyer undertakes to fetch the Vehicle and pay to the Seller the amount offered during the Auction.
2. The payment form the Buyer to the Seller is made through the Administrator. The Buyer shall pay the price for the Vehicle increased by the amount of the remuneration for the Administrator by means of a bank transfer to the bank account of the Administrator. The Administrator then transfers the sales amount for the Vehicle paid by the Buyer, excluding the remuneration referred to in § 8 item 2 of the Terms and Conditions, to the Seller's bank account.
3. The Seller and the Buyer shall agree on the method of the Vehicle’s handover to the Buyer.
4. The Seller shall hand in to the Buyer an invoice which confirms the purchase of the Vehicle as agreed between the Seller and the Buyer.



§ 10
Internacional sales


1. If the Buyer’s company has its residence in a different country than that of the Seller and it is within the EU, the sale of the Vehicle includes VAT rate of 0% (zero per cent) provided that the transport of the Vehicle is arranged by a qualified transport company and the Buyer presents a CMR (Convention on the Contract for the International Carriage of Goods by Road) transportation letter.
2. If the Buyer’s company has its residence in a different country than that of the Seller and it is not within the EU, apart from the sales value and remuneration for the Administrator the Buyer shall also transfer onto the bank account of the Administrator a deposit of 23% (twenty three per cent) of the value of the Vehicle. The deposit shall be returned to the Buyer when they deliver to the Administrator a customs clearance confirmation document. If the Buyer fails to deliver to the Administrator a document confirming that the Vehicle left the territory of the EU, the deposit shall not be returned.
3. If the Buyer’s company has its residence in a different country than that of the Seller, the Buyer undertakes to fulfill all obligations related to the tax on goods and services or any other tax of a similar nature that are related to the sales contract for the Vehicle concluded between the Seller and the Buyer.
4. If the Buyer’s company has its residence in a different country than that of the Seller, the Buyer undertakes to ensure that all customs procedures related to the execution of the sales contract for the Vehicle are correct and shall be fully liable for any deficiencies resulting thereof.


§ 11
The role of the Administrator


1. The Administrator shall provide the Users with the access to the Platform, which enables sales of the Vehicles. The role of the Administrator is limited to providing opportunities for a conclusion of a sales contract for the Vehicle between the Seller and the Buyer through the Auction mechanism. The Administrator is never a party in the sales contract concluded by the use of the Platform.
2. The Administrator shall not be liable for the conduct of the Users within the Platform, or for improper performance or non-performance of their contracts concluded as a result of an Auction, neither shall be liable for the consequences of actions taken by the Users and third parties which constitute a violation of the provisions hereof.
3. The Administrator shall not be liable for the quality, safety and legitimacy of the Vehicles on sale at Auctions, nor for truthfulness and accuracy of the information provided by the Users, nor for the capacity of the Sellers to sell their items, nor for the solvency of the Users who bid.
4. If the purchased Vehicle appears to be defective, the Buyer can make a relevant legal claim only against the Seller.


§ 12
Personal data and Cookies


1. The Service Provider processes personal data of the Users in accordance with the provisions of Privacy Policy and Cookies available at http://planet-auction.com/polityka/.
2. The rules of the use of Cookies by the Service Provider were described in Privacy Policy and Cookies available at http://planet-auction.com/polityka/.


§ 13
Complaints


1. The Users can make complaints about the performance of the Platform.
2. The complaint should include:
a) User’s name
b) The subject of the complaint
c) Circumstances of the complaint
d) User’s claim
3.  Complaints can be submitted by mail to the Administrator’s address or by e-mail at the Administrator’s e-mail address (see § 1 of these Terms and Conditions).
4. The Administrator shall consider the complaint within 14 days of its receipt from the User. He shall inform the User about the decision made regarding the complaint immediately and notify the User by the same manner.


§ 13
Termination of the Account Agreement


1. The User can delete their Account from the Platform at any time, subject to the below provisions. Deletion of the Account from the Platform is tantamount to the termination of the Account Agreement with immediate effect.
2. The User cannot delete the Account in the course of an Auction that they added and during the course of an Auction they participate in.



§ 14
Other provisions


1. These Terms and Conditions enter into force on the day of their publication.
2. Any disputes between the User and the Administrator arising from the use of the Platform shall be first resolved by means of negotiations, with the intention of an amicable settlement.
3. The law applicable to agreements concluded between the User and the Administrator on the conditions regulated in the Terms and Conditions is the Polish law.
4. The Administrator reserves the right to make changes to the Terms and Conditions. New contents of the Terms and Conditions shall apply to the User when they accept the changes of which they have been notified.
5. The User shall be notified of the changes to the Terms and Conditions by e-mail which is associated with their Account.