LINK-OIL WEB PLATFORM RULES
I. GENERAL PROVISIONS
- Whenever the rules refer to:
1) Platform – it should be understood as a web platform for the exchange of information regarding sales offers, bids and prices of lubricating oils and resources for the automotive industry and is directed to companies whose business includes wholesale trading of the above mentioned products in which users can post commercial information to the platform about the range of goods in their possession, place orders and make trade transactions between users. Transactions are carried out by companies which are parties to the contract of sale (users) via the platform, without the participation of the entity managing the platform. The platform is available online, 24 hours at www.link-oil.eu
2) Commercial information – this should be understood as explicit, clear, extracted and unambiguous information posed to the platform by the user in the form specified by these rules, as held for trading commodities with their precise designation, proposed price, release and delivery date. This Information does not constitute an offer or bid in the meaning of the relevant [Polish] Parliamentary Act of 23.04.1964 pertaining to the Civil Code (CC) and is not binding, but must be reliable, valid and genuine and relate to goods possessed by the user.
3) Order – this should be understood as a declaration of intent submitted in electronic form through the platform to another user, and contains all the relevant information necessary to conclude an agreement. Declaration of intent expressed in electronic form shall be submitted to another person only when it entered into electronic communication in such a way as to enable anyone to become familiar with its contents. Cancellation of such order shall be effective if made at the same time of confirmation or not later than one hour after submission. Acceptance of an order, made subject to amendments or additions to the content , requires re-confirmation by the buyer.
4) Organizer – this means the platform operator, the company operating under the name: Link-Oil Limited Liability Company, based in Nadarzyn, Warszawa acting at ul. Maciejki 12 03-812 Blomberg bearing tax reference NIP: 5342491498, registered by the District Court for the Capital City of Warsaw, XIV Commercial Department, National Court Register KRS, registered under the number KRS 0000463754
5) Commercial User – this should be as the enterprise in the meaning of paragraph 431 of the Civil Code, carrying out business on the wholesale market of oil as well as providing lubricants and other resources for the automotive industry and which has registered on the platform in accordance with the principles set out in the rules and therefore can participate in transactions on the platform. “Commercial user” is both the user and the user buyer or seller who conducts business on the platform. The term “commercial user” is not a consumer within the meaning of Art. 221 of the Civil Code
6) User Buyer - should be understood as a single business entity run by a self-employed person in the meaning of Art. 431 of the Civil Code, which has registered as an entity wishing to benefit from the purchase of products through the platform. Minimum single purchase for such user is 2000 PLN net and includes purchases through uniform product platforms.
7) Business Days - shall mean any day from Monday to Friday, except for public holidays.
8) Agreement for Using the Platform- shall mean the Cooperation Agreement in respect of platform users made between the organizer and the user.
2 The user agrees to comply with all the provisions of these rules, in particular, agrees not to put content on the platform that is unlawful or contrary to good practice, and does not make transactions in violation of third party rights or interests of the organizer.
3 In order to use the services of the internet based platform, users should have ICT equipment to enable access to the internet.
II. RULES FOR REGISTERING USERS ON THE PLATFORM
1 In order to use the services of the platform it necessary to read and fully accept the terms and conditions prior to registration in accordance with the principles set out in this section.
2 Registration of commercial user and use of the services provided by the organizer is only possible within the scope of Art. 431k.c for companies engaged in the business of wholesale trading in oils and lubricants for automotive and industry. In order to register the entity applying for the status of “commercial user”, it is necessary to complete the application form correctly and accurately. The organizer or administrator acting on his/her behalf retain the right to verify and review the data entered. Any entity applying for the status of “commercial user” or “former commercial user” is not entitled to any claims in respect of obtaining the status of t “commercial user”.
3 Registration of purchasing user and use of the services provided by the organizer is only possible for companies within the scope of Art. 431k.c, engaged in a single business entity on a self-employed basis. In order to register the entity applying for the status of “commercial user”, it is necessary to complete the application form correctly and accurately. The organizer or administrator acting on his/her behalf retain the right and verify and review the data entered. Any entity applying for the status of “commercial user” or “former commercial user” is not entitled to any claims in respect of obtaining the status of the “Commercial User”.
4 Platform registration is subject to the completion of an application form by the prospective electronic user on the website platform by entering the required information for setting up the user account on the platform, thereby enabling the continued use of the platform and as well as agreeing to the provisions of these rules and the method of platform operation.
5 The following data of a self-employed business entity user is required for doing business when registering on the platform:
1) name of business entity;
2) address;
3) Tax identification number (NIP);
4) Company ID number;
5) Name of person authorized for contact with the organizer;
6) Current e-mail address for contacts and notification of offers;
7) Daytime telephone number;
8) Login to authenticate the user on the platform being also the name that identifies the user;
9) Password to log on to the Platform.
1 The registration process also includes the submission of a copy of NIP and TAX certificate.
2 The user is obliged to maintain data related to the logo and slogan in confidence. It is forbidden to transfer the account to others or use the accounts of other users. Transferring your rights relating to the registration of others is not allowed.
3 The user or any entity applying for “user” status is solely responsible for full and accurate declarations and commercial information, in accordance with the law.
4 Access to data is under the "my profile" section.
5 In the event of any changes to data, the User is obliged to promptly update them. Failure to carry out this obligation or in cases when the data is outdated, inaccurate or unreliable during the registration process on the platform, will result in the user being responsible for all damages caused to other users as a result of entering outdated or inaccurate information.
6 Using the services of the platform is payable.
7 The condition for using the platform is the user's acceptance of the rules on www.link-oil.eu
8 When applying for registration on the platform, the user expressly agrees to send invoices, offers and other documents relating to the use of platform services electronically to the address indicated by the e-mail.
9 The organizer reserves the right to refuse to activate a given account, without giving a reason.
III. RULES FOR PLACING AN ORDER.
1 Commercial information submitted via the platform by users is open to all registered users visiting the website platform. The names of bidders remains anonymous until acceptance of the offer and placement of order for another user to whom it is disclosed.
2 The user places an order through the mechanisms available on the websites of the organizer.
3 On the basis of available trade information on the platform, the user describes the desired commodity, carefully marking it with an indication of the proposed price and availability of products on offer fully or partially
4 Placing an order on behalf of another user on the basis of available information on the platform beyond mechanisms available on the Organizer’s website is prohibited and may lead to suspension or expulsion of the user.
5 The signing of the contract of sale takes place between users immediately following acceptance of the offer and the submission of the same order by the user purchaser. Users can change the manner and timing of the sales agreement provided, the values confirmed are accepted using platform mechanisms. In case of doubt between the contractual parties, the rules contained herein shall be used.
6 Terms of signing a given contract are passed on in each case exclusively to the organizer.
7 The organizer can block or remove commercial information as well as remove or suspend any given user account if, in the opinion of the organizer
- The user acts in accordance with the provisions of the rules, conditions of use of the platform or the applicable laws
2. The user acts to the detriment of the platform or its user
3. The user carries out activities which grossly violate the interests of the organizer
4 The user refuses to place orders through platforms, regardless of the cause, especially in the absence of the goods offered.
5 The user purchaser flagrantly violates the terms of the contract between the seller and the user, in particular, fails to make payment for the ordered goods through platforms within the deadline determined and agreed by the user seller.
8 Removal of a user account shall result in the loss of registration fees paid. However, it does not exempt from the payment of commissions resulting from the use of platforms in the period prior to the suspension (see chapter V, section 3 below).
9 Restoring user account may be made only as a result of re-registration and on payment of the appropriate fees in accordance with the provisions of Chapter V, point 2 below.
IV. PRINCIPLES FOR PROCESSING ORDERS AND MAKING PAYMENTS
1 Commercial information is placed on the platform by user sellers who are responsible for it. The organizer is not a party to any transactions between users, and does not initiate or modify the contents of the data provided by users, but only provides technical data necessary for the functioning of the platform as part of their current technical capabilities.
2 Detailed terms and conditions of sale and information on the availability of goods shall be included by user sellers in commercial information. In cases of doubt, the user sellers should answer the questions or queries of other users in the scope of commercial information included.
3 Users should make every effort to ensure that transactions initiated and concluded between them are carried out quickly and easily and in case of disagreement they should attempt to solve the problem amicably.
4 Orders placed through platforms are valid in principle for the Polish market. Possible exemptions are negotiated individually between users.
5 Terms of payment and transaction costs are subject to user specification in the conditions of sale.
6 All Platform prices are expressed in net values and contain all charges specific to the marketing of products on the Polish market, unless they are marked separately and clearly.
7 Use of general conditions of agreement (including standard contracts) in the possession of a given user are excluded within the transaction via the platform unless otherwise specifically stated.
8 If the user purchaser has ordered a product through the platform and then refrains from carrying out the order, he must immediately notify the seller and the organizer. If the customer cancels the order before the expiry of 24 hours from of it being placed for processing by the user seller, he/she shall not bear the additional costs. The user seller is obliged within 24 hours to confirm acceptance of an order placed by the buyer. The buyer is not bound by the order and shall not bear any additional costs unless they have been confirmed by the user seller within 24 hours of order placement. However, if the buyer refuses to accept the goods shipped, according to the earlier submitted order, he is required to cover the cost of shipping the product to the address specified in the order and return shipping of the product to the seller in which the product was ordered.
9 The user account shall be suspended for half the remaining period of subscription effective from the moment of third refusal in the event of there being 3 instances of a lack of confirmation of acceptance of the transaction during the period of paid subscription.
V. PAYMENT FOR THE USE OF THE PLATFORM
1 Payments are required by the organizer for the possibility of users using the Platform. These are payable in the form and amount specified on the website of the organizer under the “price” section on the website (www.link-oil.eu).
VI. ACCOUNTABILITY AND DEALING WITH CLAIMS.
1 All platform users should note that the organizer is not a party to the sales contract directly or indirectly, and therefore does not take any responsibility for any action taken by users of the platform. Platform users shall not involve the organiser in any claims associated with the activities of other users.
2 The principles of accepting responsibility by users in respect of warranty and guarantee are specified in applicable regulations. Complaint or guarantee proceedings, and any other claims raised are between users.
3 The organizer is not responsible for the conduct of users, including the quality, safety or legality of the goods or services sold through the platform, as well as the accuracy and reliability of information and the ability or the right to sell.
4 The organiser attempts to verify, within reason and scope, commercial information and to carry out necessary action for the purpose of eliminating illegal activities as well as those activities not conforming to the rules.
5 In the event of users raising any claims against the organizer or any third party associated with the data placed by users or related to the course of action, then the user is obliged to immediately release the Organiser of such proceedings as well as return all costs borne from this to the Organiser.
VII. PRIVACY, DATA PROTECTION, CONFIDENTIALITY, COPYRIGHT
1 Organizers and users are obliged to the use of data from users – business entities may do so too, but only to the extent associated with the operation of their business and activities related to the functioning of the Platform.
2 Each User agrees not to disclose information which has come into their possession whilst using the Platform relating to other users, and not to use such information for any purpose other than to conclude and finalize the transaction.
3 Within the scope of the Platform, users agree to receive information and data electronically related to platform operation and to send orders of other users in order to receive commercial information and advertising from the organizer. Users may not distribute to other users information not related to the scope of operation of the platform.
4 With the exception of content posted by users on the platform, the organizer is entitled to any copyrights to the platform and the content contained therein, constituting work within the meaning of the Parliamentary Act of 4 February 1994 pertaining to copyright and related rights (unified text: Journal of Laws. Laws of 2006 , No. 90, item. 631, as amended. d.) and all other rights protected under the provisions of the Act.
VIII. RESOLUTION OF DISPUTES.
Any disputes arising between users and organisers in respect of platform operation will be settled by the appropriate courts of jurisdiction for the head office of the organiser.
IX. ADDITIONAL SERVICES IN THE SCOPE OF THE PLATFORM
- Competition and promotions can be arranged on the platform. Users who accept to participate will be continually informed of any competition or promotion organized on the platform website.
The acceptance of users participation in competitions shall be equivalent to accepting separate rules for the competition organized.
- Users can place advertisements on the Platform in respect of products connected with the scope and purpose of the platform (such as oil, grease and car lubricants) as well as advertisements in respect of the business activity of the user. Payment in this respect shall be determined each time under a separate agreement.
X. FINAL RESOLUTIONS
1 Regulations in force since 1st July 2013 form an integral part of the contract concluded by the user in respect of services pertaining to the platform.
2 The organizer retains the right to change the provisions of the rules. In the case of non-acceptance of the new provisions of the rules by users or withholding consent to the provisions of the rules, the user agrees to immediate exclusion from the operation of platforms and not to raise any claims on that account. Each user logging on to the platform accepts its actual rules. In the event of non-acceptance of the rules, the user agrees to be immediately excluded from the operation of the platform. The user shall not be entitled to any claim as a result of being excluded from using the platform.
3 Users agree to any modification of the functioning and appearance of the platform, made by or on behalf of the organizer. The organizer is entitled to transfer his rights and obligations arising from contracts with users to any third party.
4 The organizer is not responsible for the non-availability of temporary platforms for users, particularly in case of maintenance and for longer interruptions to the platform, if not caused by wilful intent or gross negligence of the organizer.
5 Civil Code regulations and the Parliamentary Act of 18 July 2002 pertaining to the electronic rendering of services (Journal of Laws No. 144, item . 1204, as amended. d.) shall be used in matters not regulated by these rules including rendering services electronically using the platform in particular to submitting declarations electronically