I. GENERAL PROVISIONS
Article 1 DEFINITIONS
Terms used in this document mean:
A. SPÓŁKA CQ sp. z o.o. with its registered office in Kraków with NIP:6783226886, operating at the registered address OSIEDLE NA STOKU 10B / 54, 31-702 KRAKÓW.
CQ - https://collectiveq.pl/ available to Users with a Company Account, a formula for using CQ containing functionality provided exclusively for entities using CQ in connection with their business activities.
B. REGULATIONS
This document.
C. MARKETPLACE
Maintained by the Company, under the terms of the Regulations, a separate part of CQ intended, among other things, for the execution of Transactions and available on a dedicated national domain.
D. SETTLEMENT SUBACCOUNT
The part of the Account maintained for the User by the Company for the purpose of settlement of fees and commissions for services provided by the Company within the CQ, calculated in accordance with the Regulations separately for each Marketplace and in its currency.
E. PRODUCT
Goods, service or right, which has been unambiguously defined and identified in the Product Catalog, by specifying its name and features.
F. PRODUCT CATALOG
A structured index of data concerning things, services or rights, made available by the Company to Users, under the terms and conditions specified by the Company, in particular through the functionality of CQ- https://collectiveq.pl/.
G. REGISTRATION
Procedure for creating an Account.
H. ACCOUNT
A collection of resources maintained for the User by the Company under a unique name (login), in which the User's data and information about his/her activities within CQ- https://collectiveq.pl/ are collected.
I. COMPANY ACCOUNT
An account of a User using CQ in connection with his/her business, created and maintained in accordance with the terms and conditions provided for in the Regulations.
J. USER
An entity that has gained access to the services provided by the Company under the CQ, under the terms of the Regulations.
K. SELLERS
User taking action to dispose of or disposing of Goods under the Offer.
L. BUYER
User taking action to purchase or acquiring Goods under CQ- https://collectiveq.pl/.
M. GOOD
The thing, service or right that is the subject of the Offer.
N. OFFER
Proposal to conclude a contract for the sale of Goods on the terms and conditions specified by the
Seller, in particular, containing the price and description of the offered Goods, using and through the functionalities available within CQ.
O. LICENSE
A type of Bid initiated by the Seller in which the Bidder declares the price for which he is willing to purchase the Goods.
P. TRANSACTIONS
Procedures for the conclusion and execution of contracts for the sale of Goods between Users under CQ- https://collectiveq.pl/.
Q. SECURED CLAIM
All current and future debts owed by the Company to the Seller holding the Account, including under the Seller's contract with the Company concluded pursuant to the Regulations, in particular, fees, commissions, penalties, damages and other costs.
R. PAYMENT SERVICE PROVIDER
Indicates one or all of the payment service providers on the CQ platform -.
https://collectiveq.pl/.
S. PRE-SALE
A formula for offering for sale new items that have not yet been premiered or that are out of print and the next series has not yet been released.
Article 2 TERMS OF PARTICIPATION IN CQ - https://collectiveq.pl/
2.1.
Users may be natural persons who are at least 18 years of age and have full legal capacity, legal persons and organizational units without legal personality, but able to acquire rights and incur obligations on their own behalf.
2.2.
Individuals who do not conduct business within the CQ shall complete the Registration by filling out the appropriate form, whereby:
a. Full registration, subject to the provisions of Article 2.6 below, allows you to use the services provided by the Company and the functionality of CQ only to make purchases;
b. Simplified registration allows you to use only certain services provided by the Company and functionalities of CQ, excluding, among others, the ability to make sales of Goods.
2.3.
Individuals engaged in business activities, legal entities or organizational units referred to in Article 2.1 shall register using the appropriate registration form by providing the data specified therein. Subsequently, such entities shall send to the Company a copy of the documents confirming the said business activity data.
2.4.
The Account registered in the manner referred to in Article 2.3 above, after positive verification, allows the User making the sale of Goods in the course of his business and obliges him to carry it out exclusively through the Company Account.
2.5.
In the process of completing the registration form, the registrant provides the required data, and after completing the registration form, depending on the method of registration and the type of data provided:
a. an email will be sent to the email address provided in the registration form indicating how to confirm the Registration and other information required by law;
The registered entity may confirm Registration using the available mechanisms for confirming Registration. Upon confirmation of the Registration, an agreement between the Registered Entity and the Company is concluded, the subject of which is the services provided by the Company within the CQ, under the terms and conditions specified in the Regulations.
2.6.
During the Registration as well as the subsequent use of CQ, the User is obliged to provide the required and true data and information and to make, if applicable, truthful statements. It is forbidden for the User to delete the data contained in the Account settings after the User has made the Registration. In order to delete the telephone number, it is necessary to contact the Company using the available contact channels referred to in the Regulations.
2.7.
The user gains access to the Account in CQ (login) after providing:
login or email address or phone number,
Logging in to CQ via an automated solutions service, logging in using the biometrics of a mobile device after enabling this feature (the biometrics are on the device and are not shared with CQ), and via third-party authentication services (e.g., those offered by other services that cooperate with the Company, including those of a social nature), have the same effect as logging in directly on the CQ website. The use of automated solutions, in particular login inducing software, is at the risk of the User using such software.
2.8.
The User may register more than one Account, provided, assigning to each of them a different e-mail address. Registration of another Company Account with the same tax identification number is not possible until the process of data verification on the existing Company Account is completed. However, the possibility of registering more than one Account is not available to an entity having a tax identification number issued outside the European Economic Area, Switzerland, Ukraine or the United Kingdom of Great Britain and Northern Ireland, or having a registered office, registered business or actual place of business outside the aforementioned area, unless it obtains the Company's prior consent. A User with an active Subscription service may switch between any number of Accounts within the framework of logging into CQ without the necessity of logging into that User's Account each time and separately, as well as make the functionalities selected by him/her related to the handling of Transactions or Offers available to a person duly authorized by the User, who will be able to use them after logging into his/her Account. The Account User shall be fully responsible for the actions and omissions of the duly authorized person related to the functionalities made available to him/her.
The Company uses automatic mechanisms to detect whether a User has more than one Account.
The User may not use the Accounts to perform activities in violation of the Terms and Conditions.
Unacceptable:
making another Registration for the purpose of avoiding payment of dues owed to the Company, for services provided under the CQ.
Use of multiple Accounts to circumvent the terms and conditions of promotions, programs or services provided by the Company under CQ,
Using Accounts to manipulate the popularity of Sellers' offers.
2.9.
If the User is found to be using the Accounts in violation of Article 2.8 items a/b/c, the Company shall apply technological solutions that automatically prevent the conclusion of an agreement in violation of the terms of promotions, programs or services provided by the Company under CQ. The User may appeal against the applied restriction.
2.10.
The User is not allowed to use the Accounts of other Users and share the Account with other persons, except for sharing with persons duly authorized by the User to act on his behalf.
2.11.
Accounts are non-transferable, subject to approval or verification by the Company:
The User may change the form of its business, consisting only of transformation, division or merger of the entity, in situations provided for by Polish law,
A user using a Regular Account, may change the type of Account only for the purpose of making purchases within CQ excluding sales.
The Company's Account may be disposed of in the event that the User transfers to another entrepreneur, belonging to the same capital group to which the User belongs, the rights and obligations related to the operation of the Account and the Transactions carried out up to the date of acquisition. A capital group is understood to be commercial companies related to each other by a control relationship (i.e., in which one entity holds directly or indirectly more than 50% shares in all related entities).
2.12.
Within 14 days from the conclusion of the contract, the User may withdraw from the contract without giving reasons. The rules of withdrawal, which the User can use by email given on the website https://collectiveq.pl/ , under the contact tab.
2.13.
The Company uses mechanisms designed to ensure an adequate level of security for the Transactions and other services provided under CQ that the User uses.
2.14.
The User should keep the data in the account settings updated, including the User's contact information. The Company Account User should keep checking for new correspondence from CQ.
Article 2a. CQ https://collectiveq.pl/
2a.1.
The use of CQ via CQ https://collectiveq.pl/ is possible only for Users logged into the Account.
2a.2.
The Company may make available within CQ the functionalities provided exclusively for CQ Users due to the fact that they use CQ in connection with their business activities. The Company may restrict within the CQ the access of CQ Users to functionalities provided exclusively for non-business Users or using the CQ in connection with no business activity.
2a.3.
Under the CQ, the Seller, in determining the terms of the Offer, may:
determine the price of the Goods by indicating the VAT rate for the Goods in accordance with the applicable regulations,
make the price per unit of Goods dependent on the number of units of Goods purchased by a Buyer who is a CQ User in a single Transaction,
introduce discounts expressed in percentages, the amount of which depends on the total value of the Goods purchased by a Buyer who is a CQ User in a single Transaction.
2a.4.
The Company does not verify the correctness of the VAT rate indicated by the Seller. The Seller shall be solely responsible to the Buyer for any claims arising due to the quotation or application of an incorrect VAT rate.
II. SPECIFIC PROVISIONS
Article 3 OFFERS
3.1.
Under the CQ, the Seller, specifying the terms of the Offer, may make available to Buyers the following modes of concluding a sales contract:
a) Exclusively with the Buy/Add to Cart option (proceed to payment), where the Seller offers to sell the Goods at a predetermined price. This offer may include one or multiple pieces of Goods.
3.4.
The Company uses a default sorting of Offers within the Offers list, which adjusts the order in which they are placed taking into account the behavior of Buyers from all Marketplaces. The Offer List takes into account the following factors:
Data about the Offer: i.e. mainly compliance of the Offer's description with the Terms and Conditions, the number of times the Offer has been displayed at different time intervals, the number of purchases made under the given Offer, the number of Goods added by Users to the shopping cart under the given Offer, the number of Users who have added or removed the given Offer from their favorites list, the price of the Goods subject to the Offer, the number of free delivery methods made available by the Seller under the Offer, the expected delivery time of the Goods resulting from the Goods' shipping time declared by the Seller, actual time of realization of this shipment and the time of carriage of the Goods assigned to the delivery methods made available by the Seller as part of the Offer, the condition of the offered Goods, including their characteristics, the mode of concluding the sales contract - Buy/and or - above, the duration of the Offer, the use of the option to promote the Offer, highlighting the Offer with the "Lowest Price Guarantee" sign, placing the Offer in the category that best corresponds to the type of assortment, and whether the title of the Offer is similar to the content of the Users' search engine inquiry about the Goods subject to this Offer.
The Company uses a default sorting of Products within the Product list, which adjusts the order in which they are placed in this list taking into account the behavior of Shoppers from all Marketplaces. Listings (including sponsored listings) may also be displayed as part of the default sorting within Product Relevance.
3.4.b.
The Product Representative takes into account the following factors:
paid distinction of the Offer or distinction of the Offer given by the Company as part of promotional actions (we display the Listings that are distinguished first);
Seller Quality;
The quality of the first photo of the Offer;
price of Goods;
completion of the mandatory parameters of the Offer;
Adapting the content of the parameters of the Offer to business sales.
3.5.
Within CQ, in addition to the default sorting according to the "Relevance" criterion, the User has the option to select the following types of sorting of Offers within the list of Offers i.e.: a. Price: from the lowest. It takes into account the criteria in the following order: prominence of the Offer in the listing, matching the Offer to the searched phrase and category, lowest price, highest popularity, shortest time to complete the Offer;
- Price: from highest. Takes into account the criteria in the following order: prominence of the Offer in the listing, matching the Offer to the search term and category, highest price, highest popularity, shortest time to complete the Offer;
- Popularity: highest. Takes into account the criteria in the following order: prominence of the Offer in the listing, matching the Offer to the search term and category, highest popularity, shortest time to completion of the Offer;
- Add time: most recent. Takes into account the criteria in the following order: prominence of the Offer in the listing, matching of the Offer to the search term, shortest time from publication of the Offer, longest time to completion of the Offer.
3.5.a.
Within CQ, in addition to the default sorting by "Relevance" criterion, the User has the option to select the following types of sorting of Products within the Product list, i.e:
- Price: from the lowest: takes into account the criteria in the following order: prominence of the Product Representative, matching the Product Representative to the search phrase and category, lowest price, highest popularity, shortest time to complete the Offer - Product Representative;
- Price: from the highest: takes into account the criteria in the following order: prominence of the Product Representative, matching the Product Representative to the search phrase and category, highest price, highest popularity, shortest time to completion of the Offer - Product Representative;
- Popularity: highest. Takes into account the criteria in the following order: prominence of the Product Representative, matching of the Product Representative to the search phrase and category, highest popularity, shortest time to completion of the Offer - Product Representative;
- Product Rating: the highest rating for a given Product.
3.6.
All Bids on CQ must be combined with the Product - in a manner consistent with the Regulations.
In the absence of a suitable Product within the indicated category or brand, the Seller may add a proposal for this Product using the CQ functionality, via https://collectiveq.pl/, under the contact tab.
3.7.
The Seller's declared shipping time for the Goods may not be longer than 25 business days. If, under a given Offer, the Goods will be shipped by the Seller under its own contract with a carrier, the expected delivery time of the Goods may not be longer than 35 calendar days.
3.8.
The offer presented on each https://collectiveq.pl/ CQ Marketplace is also commercial information.
Article 4 Prohibited goods
4.1.
The Sellers undertake not to display on the Transaction the Goods, the circulation of which violates the applicable laws (taking into account the provisions of any foreign laws and EU laws that may be applicable in a given case) or the rights of third parties (in particular, copyrights and other intellectual property rights), as well as the display of which may be considered to be in violation of good morals. The Seller may not sell Goods in a given country or undertake any sales activities in that country if it is inconsistent with the applicable, applicable laws of that country. It is forbidden to publish and present any content that violates generally accepted ethical, moral or customary norms, in particular inciting or promoting hatred, violence or any form of discrimination, including on the basis of nationality, skin color, beliefs, religion, worldview, promoting authoritarian and totalitarian systems, as well as any content praising or endorsing such behavior or systems.
4.2.
Notwithstanding the provisions of Article 4.1. it is prohibited to offer items listed as prohibited by Polish Law.
Article 5. commencement of the transaction
5.1.
The Seller, regardless of the chosen method of preparing the Offer, including filling out the sales form available within CQ, does so by specifying the entire terms of the Transaction. The information contained in the content of the Offer may relate only to the subject matter of the Offer. From the moment the information or data is entered into the content of the Offer, the Company acquires the right to use it, in particular to use it in any way, at any time, at its discretion. The Seller shall indemnify and hold the Company harmless from any liability arising from the submission of an untrue statement or the non-performance or improper performance of such obligation.
5.2.
The content of the Offer should be reliable and complete and may not mislead other Users, in particular as to the properties of the Goods, such as their condition, parameters, quality, origin, brand or manufacturer. The content of the Offer should comply with the requirements of the law, in particular contain information resulting from the applicable regulations on the protection of consumer rights, and furthermore may not suggest the use of the Goods in a manner that violates applicable laws. The description of the Offer must not contain any content that is inconsistent with the applicable laws. The User is fully responsible for the content he places in the Offer, including being responsible for any errors or inaccuracies in the Offer.
5.3.
Notwithstanding the provisions indicated in Article 4.1, the Seller declares that it is authorized and has the ability to enter into and perform the contract with the Buyer.
5.4.
In performing the activities referred to in Article 5.1, the Seller shall order the Company to publish the Offer on the date specified by the Seller. In case the date is not specified, the publication shall take place after positive verification of the Offer.
Within a newly created Account, the number of simultaneously published Offers cannot exceed 4000.
5.5.
From the moment the Offer is published, the Seller is bound by its contents. The Seller may make changes to the content of the Offer, but may not effectively change its content with respect to the Buyers with whom he has concluded a sales contract under the Offer. It is prohibited for the Seller to make changes to the content of the Offer, which constitute a change to the offered Goods or their properties. The User, at the moment of introducing to the Offer the content constituting the subject of copyright protection, in particular marks, logotypes, images, descriptions and photographs ("Content"), allows the Company to use such Content free of charge, non-exclusive, not limited in time and territory, in the following scope: a. recording and multiplication by all techniques, including recording and copies on all types of paper, electronic, magnetic or optical carriers;
b. dissemination through telecommunications networks (including the Internet and GSM networks) in any manner and using any technology, in particular through: distribution in such a way that anyone can access the Content at a time and place of their own choosing, and other means of exploitation in telecommunications networks regardless of the means of limiting access that can be used; public display and reproduction, including through mechanisms for automatic playback of the Content on websites;
c. public performance, exhibition, display, reproduction, and broadcasting and re-broadcasting;
d. lending and marketing.
5.5.1.
Your consent also includes the creation of developments of the Content by the Company and the use of such developments to the extent that the Company is authorized to use the Content, and to grant further consents to the extent corresponding to the consent granted to the Company.
5.5.2.
You consent to the exercise of moral rights in the Content by the Company and declare that you will not exercise such rights against the Company and entities to which the Company grants further consent to use the Content.
5.5.3.
You warrant that you are authorized to make the foregoing representations and consents covered by the Terms and Conditions and to enter the Content into the Offering, and that the Content and the Company's use of the Content in accordance with the Terms and Conditions does not violate the rights of third parties. You shall indemnify and hold harmless the Company and the entities to which the Company grants further consents to use the Content from any liability arising from your use of the Content in accordance with the Terms and Conditions.
5.6.
Seller agrees to accept payment from Buyers for the Transaction via all payment methods available at CQ.
5.7.
In addition to allowing Buyers to pay for the Goods, Sellers may allow Buyers to pay for the Goods also "cash on delivery" or by direct payment at the place of receipt of the Goods. Handling of the implementation of Buyer's payment on delivery, shall be carried out in accordance with the rules and regulations of cash on delivery service providers.
The Buyer's selection of a form of delivery with a cash-on-delivery option in violation of the provisions of these regulations, in particular, exceeding the applicable cash payment limits, may result in the refusal of the cash on delivery service provider to collect cash.
5.8.
The Company provides Buyers with a Returns Policy on CQ, which gives Buyers the opportunity to return Goods purchased from CQ through an appropriate return form (hereinafter: the Form), according to the standards, terms and conditions provided by Polish Law.
5.9.
In connection with providing Buyers with the Returns Policy referred to in Article 5.8 above, Sellers with a Company Account or who are Business Users are required to fill out the Goods Return Conditions form found in the Sales Settings in full and assign it to their Listings, and should implement the following rules:
a.in the case of withdrawal from the contract by the Buyer, made until the Seller changes the status of the order from the status "New" to another status appropriate to the stage of implementation of the order - make a refund of funds paid by the Buyers for the
purchased Goods, within 2 working days, counting from the day of cancellation of the Transaction by the Buyer;
Article 6. the course of the transaction
6.1.
Accepting the terms and conditions presented by the Seller in the content of the Offer, the User, in order to purchase the Goods, takes part in the Auction or selects the Buy/Add to Cart option. By performing the above actions, the User completes the appropriate form on the Offer page and confirms his/her choice.
6.2.
The price for the Goods shall be determined in accordance with generally applicable laws. The Seller, in addition to the price for the Goods, may additionally charge the Buyer only the delivery costs indicated in the Offer in the actual amount.
6.3.
The course of action in the event of planned technical interruptions and technical failures, in particular, their impact on published Offers will be updated on an ongoing basis.
Article 7 CONCLUSION OF THE TENDER AGREEMENT
7.1.
The Company is not a party to contracts for the sale of Goods concluded between Users and does not guarantee that the Seller and the Buyer are entitled to conclude and perform the contract. The conclusion of a contract by Users whose registered office or usual place of residence is located in different countries may result in the application of applicable foreign laws to the Transaction.
7.2.
The buyer enters into a contract with the Seller by confirming the purchase with the "buy/add to cart/payment" button, the contract with the Seller will not be concluded of which the buyer will be informed. Each purchase and some payment methods can be additionally confirmed by using the biometric data of the mobile device after enabling this function (biometric data is located on the device and is not shared with CQ). In the case of some payment methods, the conclusion of the contract with the Seller takes place after the payment is authorized, according to the information provided to the Buyer before the purchase.
7.3.
Confirmation of the conclusion of the contract between the Buyer and the Seller is sent automatically by e-mail (or optionally by other means of electronic communication) and is for information purposes only. In the message referred to in the preceding sentence, the parties to the contract receive the data currently appearing in the settings of their Accounts, i.e.: first and last name, e-mail address (encrypted by the Company), telephone number, address. If the Seller's registered office appearing in the Account settings is outside the European Economic Area or the Offer has been marked in the "Delivery details" field as "Offer outside the EEA", the data referred to in the preceding sentence will be
shipped outside the European Economic Area. If the Buyer chooses a form of delivery of Goods that involves assigning a tracking number to the shipment, tracking information may be made available to the Company directly by the carrier or the Seller.
7.5.
In the absence of any other arrangement between the parties to the Transaction, the Buyer, in connection with the contract, should make payment for the Goods:
The above actions of the Company do not affect the civil law consequences of the conclusion of a sales contract between the Users and does not relieve them of the obligation of mutual performance arising from the legal relationship.
Article 8 Role of CQ
8.1.
The Company provides Users with an on - line trading platform and other functionalities that allow the conclusion and execution of Transactions and the transfer of other content, including between Users, under the terms described in the Regulations and in the regulations of individual services. None of these functionalities should be equated with having knowledge of the content transmitted by Users. In the case of content that is not in compliance with the law or the Regulations, the Company shall take measures to detect and remove such content.
The Company shall not be liable for the behavior of Users under the CQ, nor for the improper performance or non-performance by them of the agreements concluded under the Transaction, as well as for the consequences of actions taken by Users and third parties and constituting a violation of the provisions, if, despite the exercise of due diligence, the Company did not know or could not have known of the illegality of the actions of a User or a third party and for this reason did not take prompt action to remove the violations, their consequences or prevent access to information. The Company is not responsible for the quality, safety or legality of the Goods sold under the Offer, the Sellers' ability to sell, the solvency of the Buyers and the truthfulness and accuracy of the information and other content provided/transmitted by the Users under the CQ.
8.1a.
The Company reserves the right to moderate the content of Users within CQ if they violate common law, the provisions of the Regulations or good morals. Moderation is carried out according to general rules.
Content moderation can be automated or manual.
8.2.
In the event that the Offer violates or there is a reasonable suspicion that it may violate common law, the provisions of the Regulations or good morals, the Company may, in particular:
8.2a.
The Company reserves the right to terminate prematurely or remove the Offer if both, the following conditions are met together, i.e. when:
8.3.
The Company may verify Users' compliance with the Terms and Conditions. Verification may take place in particular by checking whether Users comply with the relevant provisions of the Regulations. Verification is carried out, in particular, by establishing contact with the User and recording its progress.
8.3a.
The Company provides tools for reporting illegal content electronically. In order to make a report, it is necessary to fill out the appropriate form, including the completion of the fields indicated as mandatory. The Company will inform the applicant of the acceptance of the report and the decision taken without undue delay, provided that the electronic contact details of the applicant are available.
8.3b.
The Company may suspend, for a limited period of time and after issuing a prior warning, the ability of persons or entities making frequently obviously unfounded filings or of complainants making frequently obviously unfounded complaints. In deciding whether to suspend, the Company shall take into account relevant facts and circumstances, in particular:
8.4.
If the User's actions violate the provisions of the Terms and Conditions or applicable laws, the Company may:
1) the User's failure to pay amounts due to the Company within the prescribed period,
provision by the User, including in the Account settings, of incomplete or false contact data (e.g., name, company, address), failure to complete the missing data despite the Company's request, in particular the information that the Company requested the User to provide,
2) disposal of the Account by the User without the consent of the Company,
provision of the Account by the User to other persons in violation of the Company's rules, Publication by the User of Offers the subject of which are Prohibited Goods, and the User has not fulfilled the conditions necessary for their display,
3) violating the rules on display,
4) registration of multiple Accounts and their use in violation of the Company's rules, 5) spamming to other Users,
6) a decline in the overall quality level,
7) taking action to avoid payment in connection with fees or commissions charged by the Company,
8) making purchases for purposes other than finalizing the Transaction,
The company may:
8.4.1.
The Company may also temporarily restrict a User's access to particular services provided under CQ or suspend one, several or all of that User's Accounts for a specified or indefinite period of time, in the event of termination by any of the payment service providers.
8.4.2.
The Company will notify the User of the suspension of the Account or restriction of access to certain services via e-mail, indicating the reasons for the suspension or restriction of access to the Account. The User may appeal the Company's decision.
8.5.
The User is fully responsible for his/her acts and omissions in connection with the use of CQ, in particular, he/she may be liable for damages to the Company or other Users. In the event that, due to a User's violation of CQ's Terms and Conditions, CQ suffers damage, including penalties imposed on CQ by third parties, the User shall be obliged to pay compensation to CQ. CQ may charge a Seller located outside the European Economic Area an amount corresponding to the damage suffered.
8.6.
If your Account is suspended, you will only have access to your Account and access to functions that allow you to pay your dues to the Company and finalize agreements entered into prior to the suspension of your Account, and you may not use any other services provided by the Company under CQ.
8.7.
A User whose Account has been suspended or to which functional limitations have been imposed may not both register a new Account and use another Account without the Company's prior approval.
8.8.
The Company may qualify the Seller's Account for Withholding in the following cases:
8.9.
The Company may conduct tests of new services, processes or functionality on the CQ or tests regarding changes to current services, processes or functionality on the CQ. The tests may affect Users' use of CQ, including the way Offers are displayed in search results. Tests may be conducted only for the time and to the extent necessary and proportionate to achieve the purpose of the test. The Company conducts tests only for the purpose of developing CQ, adapting to market changes, adjusting to changes in legislation or improving the services provided.
8.10.
In the event that the Offer, including its content or the Goods offered therein, raises reasonable doubts as to whether the Offer, including its content or the Goods offered therein, complies with the law or does not infringe on the rights of third parties, the Company may request evidence from the User who created the Offer that the Offer, including its content or the Goods offered therein, complies with the law or does not infringe on the rights of third parties. For this purpose, the Company shall set a reasonable period of time, not shorter than 7 days, for the User to provide the Company with evidence removing the doubts referred to in the preceding sentence. If the User fails to submit evidence within the period set by the Company or submits evidence insufficient to remove the doubts in question, the Company may remove the Offer in question. The Company may block the User from adding further Offers, the subject of which is an Item of the same brand as in the Offer subject to verification referred to above, for the duration of such verification. In the case of a negative result of the subject verification, the Company may remove the Offers and block the possibility of adding Offers the subject of which is an Item of the same brand as in the Offer subject to negative verification.
8.11.
In the event that the Company receives a notification from a brand entity or an entity authorized by the brand entity informing that the subject of a particular Offer is a non-original Good, the Company may remove that Offer and those User Offers,
the subject of which is Goods of the same brand as in the Offer that is the subject of the notification. The Company may also block the User who created this Offer from adding Offers the subject of which is Goods of the same brand as in the Offer that is the subject of the request for a period of 180 days. The Company may apply the above sanctions to all User accounts registered with the same TIN. In the event that within 180 days, the Company receives another such notification (from the same or a different entity), with respect to an Offer from the same or a different Account of that User, the Company may also remove the Offers of that User. The Company may apply the above sanction to all User Accounts registered with the same TIN. The User has the right to appeal the Company's decision. In the appeal, the affected User should submit evidence that removes doubts about the legality of the Goods in the Offer or Offers that are the subject of the appeal. The Company verifies whether the entity in question is authorized to use the brand or has the appropriate authorization based on the relevant legislation, in particular, on the basis of extracts from the relevant registers and relevant powers of attorney. If the complaint is accepted, the Company allows the restoration of the removed Offer and removes the sanctions indicated above.
8.14a.
In the event that the Company receives a report twice with respect to the same User, concerning non-original Goods, the Company may impose a contractual penalty of PLN 2,500 on that User.
1) If the Company receives a notification three times with respect to the same User, the Company may impose a contractual penalty of PLN 2,500 on the User whose Offer is affected by the notification.
2) The stipulation of the above contractual penalties does not exclude the Company's right to claim compensation for damages exceeding the stipulated contractual penalty on general terms.
8.14b.
Offering of Goods whose manufacturer sells only within a selective distribution network may be subject to restrictions. The Company, based on an agreement with the organizer of the network and upon obtaining information from it, may remove Offers from Sellers who are not authorized distributors of the Goods in question.
Article 9 Fees and Charges and Security of the Company's Claims
9.1.
The services provided by the Company under the CQ are chargeable. All fees and commissions are charged to the Seller. These charges are calculated on an ongoing basis and presented for payment for subsequent billing periods. The billing period is a calendar month.
9.2.
Fees and commissions for services provided by the Company under CQ shall be paid by the User to the bank account indicated in the Account settings. Under the conditions set forth in Articles 9.6 - 9.9 below, the Company may collect fees and commissions based on an assignment of receivables made by a Seller with a Company Account.
9.3.
The User's actions that have the purpose or effect of avoiding payment in connection with fees or commissions charged by the Company are not permitted.
9.4.
For the services provided in each Marketplace, the Company shall issue separate invoices, according to the data contained in the Account settings, with the Regular Account User being invoiced upon request.
9.5.
The amount of fees and commissions for individual services provided in a given Marketplace, the rules of their collection, the way they are calculated and billed, as well as the rules of granting transaction discounts to receivables for the Company's services in a given month and the way they are calculated, as well as the rules of issuing and sending invoices are governed by separate regulations, updated, available upon inquiry and in the general commission regulations available https://collectiveq.pl/.
9.6.
In order to secure the Company's claims under the Secured Claim, a Seller with a Company Account shall assign to the Company claims for payment of funds from sales made by such Seller using CQ, recorded within the billing tools maintained by the Payment Service Providers.
9.7.
Until the Company makes an appropriate request, a Seller with a Company Account remains entitled to receive the funds credited to the billing tools maintained by the Payment Service Providers. The value of the funds available for withdrawal will be reduced each time by the amount of current accruals.
In connection with the transfer of receivables, the Company shall have the right to demand payment from the Payment Service Providers of the funds credited to the Seller's settlement tools that have not yet been paid to the Seller's bank account. The Company shall credit these funds for payment of the amounts due from the Seller to the Company in each case under the Secured Receivable for a given settlement period.
In addition, the Seller authorizes the Company to notify the Payment Service Providers on its behalf of the transfer of receivables.
9.8.
The Company shall have the right to use the security referred to in Article 9.6 above upon the accrual of fees, commissions, penalties, damages and other costs.
The Company may use the collateral repeatedly, regardless of the maturity of the Secured Receivable.
9.9
For the purpose of securing the Company's claims under the Secured Claim, a Seller with an Account may assign to the Company the claim for payment of funds from sales made by such Seller using CQ, as evidenced by the settlement tools maintained by the Payment Service Providers.
The transfer instruction and its cancellation can be made within the Account settings. Cancellation of the instruction is possible at any time, the receivables secured and collected prior to cancellation of the instruction remain effective and are not refundable, Seller
authorizes the Company to exercise its security over accrued but unmatured receivables.
9.10
In order to secure the Company's matured claims under the Secured Claim, a Seller with a Regular Account shall assign the claim for payment of funds from sales made by such Seller using CQ, as evidenced by the settlement tools maintained by the Payment Service Providers.
The Company is entitled to use the collateral only to cover matured claims and only for the period from the imposition until the abolition of the aforementioned sanctions, after the liability has been settled.
Article 10 OTHER USER OBLIGATIONS
10.1.
All actions taken by the User within CQ should be in accordance with good morals and applicable laws, including those concerning the protection of consumer rights. The User may not undertake actions that are contrary to the Regulations, good morals and applicable laws, as well as actions that negatively affect the safety of CQ's operation or harm Users.
10.2.
The user is obliged to explain the correctness of the execution of the contract between the Buyer and the Seller. The Seller is obliged to respond and provide a comprehensive explanation in the Discussion within 24 hours after the Buyer directs the allegations, provided that this time does not run on Saturdays, Sundays and other public holidays according to the law of the country of registration or the Seller's permanent residence.
In the situation where the Discussion concerns undelivered Goods and the time for delivery has passed, the Seller is obliged to clarify the problem reported by the Buyer within 7 days.
In other cases, the Seller has 14 days to clarify the Customer's problem from the beginning of the Discussion.
10.3.
The Seller is obliged to respond to the Buyer's message within 24 hours of its receipt, provided that this time does not run on Saturdays, Sundays and public holidays according to the law of the country of registration or the Seller's permanent residence.
10.4.
The Seller is obliged to ship the order within the period declared in the Offer. If the Buyer selects a form of delivery of the Goods that is registered by the carrier and to which a tracking number is assigned, but this number has not been made available to the Company directly by the carrier, the Seller is obliged to make the correct tracking number available immediately.
10.5.
Users should, on their own, archive information on contracts entered into under CQ.
10.6.
All materials, including elements of graphics, the layout and composition of these elements (so-called layout), trademarks and other information, available on CQ's websites are subject to the rights of the Company or Users. The indicated elements are the subject of author's property rights, industrial property rights, including trademark registration rights and database rights, and as such enjoy statutory legal protection.
10.7.
Downloading or using in any scope the materials available within CQ (including data and other information) requires each time the consent of the Company and may not violate the provisions of the Regulations and generally applicable law, as well as may not violate the interests of the Company and the Users. It is forbidden: a. to use by third parties the markings to which the Company is entitled, including distinctive graphic elements, in particular such as: logos, photos, descriptions or other types of markings,
10.8.
The use of bots and other IT or software tools (including, but not limited to, tools for data mining, collection or extraction), including tools, is prohibited:
when using CQ, in connection with the use of CQ, as well as for the purpose of using CQ.
10.9.
The Company provides basic services to provide Buyers with the information listed below:
within the framework of automatic communication channels, i.e. channels that allow contacting Users via e-mail, notifications placed within the User's Account in connection with the conclusion of a Transaction, push messages within the mobile application and statuses available in the "My Purchases" tab. With the above in mind, the Seller agrees not to send additional messages to Buyers, the content of which contains only the above-mentioned information, within the framework of using the automated communication channels provided by the Company mentioned above.
10.10.
Sellers have an obligation to cooperate with the Company to avoid or eliminate risks associated with the Goods, including, in particular, to cooperate with the Company in the event that the Goods are found to be illegal, when the Company is required to withdraw the Goods from the market, recover the Goods from end users, or take other actions to eliminate risks associated with the Goods.
III. FINAL PROVISIONS
Article 11. other services
11.1.
The Company may provide Users with other services that support the Company's main activities or facilitate Users' use of the Company's services, including financing, securing or advertising Transactions, under the terms and conditions set forth in the regulations of such services, as well as involving the Company's intermediation in the conclusion of contracts for third-party services.
11.2.
The Company may provide Users with information about services and service offers from third-party providers (e.g., those offering financial services, including insurance) to facilitate Users' use of the Company's services, including financing, securing or advertising Transactions.
11.3.
The company mediates contracts.
Article 12 PRIVACY AND CONFIDENTIALITY
12.1.
Personal data provided by Users in places designated for this purpose, the Company processes in accordance with applicable laws and in accordance with the privacy policy.
12.2.
Users shall disclose personal data of other Users only in cases provided for in the Regulations for the purposes of conducting Transactions and in other cases, with the prior consent of the data subject.
12.3.
The User is obliged not to disclose to third parties information concerning other Users that he/she has received from the Company in connection with the use of CQ, unless he/she has obtained prior consent from the User to whom the data pertains. In particular, it is prohibited to use the information in question for commercial purposes involving, in
In particular, on the promotion in any form of the User's activities conducted outside CQ.
12.4.
It is forbidden to use the information referred to in Article 13.3 for commercial purposes involving the promotion in any form of the User's activities conducted outside CQ. In particular, it is prohibited to:
12.5.
The Company reserves the right to filter and stop messages sent by Users within the tools provided in CQ, in particular, if they are spam, contain content that violates these Regulations or otherwise threaten the safety of Users.
Article 13. amendments to the regulations
13.1.
The Company is authorized to amend the Regulations in the following cases: a. changes in the provisions of law directly affecting the content of the Regulations; b. imposition of certain obligations by state authorities;
13.1.1.
The amendment shall take effect on the date indicated by the Company, which shall not be less than 15 days after the amended Regulations are notified to the Users and made available to them.
The Company may amend the Regulations without observing the 15-day period referred to above, including with immediate effect, in the event that: (i) it is subject to a legal or regulatory obligation under which it is required to amend the Regulations in a manner that prevents it from complying with the aforementioned 15-day notice period,
(ii) must exceptionally amend the Terms and Conditions to address unforeseen and imminent risks related to the protection of Internet brokerage services, Users from fraud, malware, spam, data breaches or other cyber security threats.
13.2.
If the User does not accept the planned changes to the Terms and Conditions, in order to terminate the agreement with the Company, the User shall notify the Company immediately, no later than 15 days after the announcement of the changes.
Article 14 Termination of the agreement with the company
14.1.
The provision of services under the CQ is indefinite, subject to the provisions set forth below in the body of this article.
14.2.
The User may at any time terminate the agreement concluded with the Company, relating to the Account designated by the User, by completing and approving the termination form.
14.3.
Termination by the User, in accordance with the specified procedure of the agreement with the Company, concerning the Account indicated by the User, takes effect at the earliest after the expiration of 45 days from the date of termination of the agreement (understood as the date of completion and approval of the termination form). After the expiration of the indicated term, logging into the Account and using the services available at CQ under the Account, will not be possible.
14.4.
The Agreement may be terminated by the Company with thirty days' notice in the following cases:
14.5.
If the contract has been terminated by the Company's decision, the User is not entitled to re-register an Account under CQ, without the Company's prior approval.
Article 15 CONTACT AND COMPLAINT PROCEDURE
15.1.
The User may contact the Company regarding the services provided electronically under these Regulations in the form:
15.2.
CQ may contact the User in the form of:
15.3.
If, in the opinion of the User, the services provided under the Terms and Conditions are not provided by the Company or are not provided in accordance with the provisions of the Terms and Conditions, the User may file objections in the manner specified below (Complaint). At the same time, in the case of the Company's own sales of Goods, the User may file a Complaint in the manner described in the content of the Company's Offer.
15.4.
A Complaint can be submitted electronically using the contact form or in writing. The Complaint should contain at least the name under which the User appears in CQ (login), a description of the objections raised and an indication of the proposed method of resolving the Complaint.
15.5.
The Company shall consider the Complaint within 14 days from the date of its receipt. If the Complaint does not contain the information necessary for its consideration, the Company shall request the Complainant to supplement it to the extent necessary, and the 14-day period shall then run from the date of delivery of the supplemented Complaint.
15.6.
The response to a Complaint is sent only to the e-mail address assigned to the Account of a given User. In particularly justified cases, the Company may send a response to another e-mail address, indicated by the Complainant, which is not assigned to the User's Account, or in writing to the address indicated in the Complaint.
15.7.
The User has the right to appeal the decision made by the Company under the Complaint (Appeal). The Appeal may be filed within 6 months after the Company informs the User of the decision.
Article 16 LEGISLATION AND DISPUTES
16.1.
The governing law for the contract between the User and the Company, the subject of which are the services provided by the Company under CQ under the terms and conditions set forth in the Regulations, shall be Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Journal of Laws 97.45.286). In the case of Users who are consumers, the above choice of law does not exclude the protection granted to Users under the mandatory provisions of the law of the country in which the User has his/her habitual residence.
Any disputes between CQ and a non-consumer User regarding CQ, including those related to services provided by the Company under CQ, will be resolved on a non-exclusive basis by Polish common courts having jurisdiction according to the seat of CQ. A user who is a consumer has the opportunity to use an out-of-court method of processing Complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Commercial Inspection in Poznań. Information on how to access the aforementioned dispute resolution mode and procedures can be found at the following address: http://www.uokik.gov.pl, under the "Dispute resolution" tab
consumer". A consumer user also has the option of using the EU's online ODR platform, available at: http://ec.europa.eu/consumers/odr/. Detailed information on the notification procedure can be found here.
16.2.
The Company may attempt to settle a dispute amicably with a business User using CQ to offer goods to consumers, through an independent mediator, after the Company has agreed to mediation. If the User referred to in the preceding sentence approaches the Company with a proposal for mediation and the Company accepts the proposal, mediation will be conducted by a mediator from the European Mediation Institute, in accordance with the Institute's mediation regulations. The Company shall bear a reasonable portion of the total cost of mediation, which shall be determined by the parties in each case.
16.3.
The User has the right to choose any certified out-of-court dispute resolution body to resolve disputes regarding decisions made by the Company. The exercise of the above-mentioned right shall be without prejudice to the User's right to initiate proceedings before a court of law.
