1. SERVICE PROVIDER (ADMINISTRATOR) – MASZYNERIA Limited Liability Company based in Jelenia Góra, ul. Wita Stwosza 18/13, 58-560 Jelenia Góra, NIP: PL 6112729459, REGON: 022075765, KRS: 0000451107.
2. REGULATIONS – these regulations of MASZYNERIA.PL.
3. USER – the service recipient, who is: an adult natural person running a business, a legal person or an organizational unit that has consented to the content of the REGULATIONS, who is also an entrepreneur within the meaning of art. 431 of the Civil Code.
4. MASZYNERIA.PL – the SERVICE PROVIDER’s online classifieds website at the address: www.maszyneria.pl
5. SERVICE – an electronic service provided by the SERVICE PROVIDER to the USERS, using MASZYNERIA.PL
6. PRODUCT – a movable item, the sale of which was announced in MASZYNERIA.PL.
7. SELLER – owner of the PRODUCT.
8. THE BUYER – THE USER concluding a SALE AGREEMENT with the SELLER.
9. SALES AGREEMENT – a PRODUCT sales agreement concluded between the BUYER and the SELLER.
10. NEWSLETTER – a service that allows you to receive free information from the SERVICE PROVIDER to the e-mail address provided by the USER.
11. LICENSE – a license agreement within the meaning of Chapter 5 of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83).
12. ADVERTISING – an entrepreneur who is a natural person, legal person or an organizational unit without legal personality ordering the placement of an advertisement (in the form provided by the SERVICE PROVIDER) at MASZYNERIA.PL or booking advertising space at MASZYNERIA.PL, regardless of whether it acts on its own behalf or on behalf of or for third parties.
II. GENERAL PROVISIONS
1. Before using MASZYNERIA.PL, the USERS are required to read the TERMS AND CONDITIONS and accept its terms.
2. The offer of MASZYNERIA.PL is addressed only to USERS who are not consumers within the meaning of Art. 221 of the Civil Code, in particular entrepreneurs and institutions.
3. Messages sent directly to MASZYNERIA.PL should be sent in Polish or English, in which there is also a reply.
4. All trade names, names of PRODUCTS, companies and their logos used in MASZYNERIA.PL belong to their owners and are used for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented in MASZYNERIA.PL are used for informational purposes.
III. TYPE AND SCOPE OF PROVIDED SERVICES
1. SERVICES free:
1.1. viewing ads,
1.2. receiving information free of charge in the form of a NEWSLETTER,
2. The SERVICE PROVIDER may place advertisements on MASZYNERIA.PL that may be linked to the content of advertisements.
2.1. The advertiser is responsible for the content of advertisements, who is obliged to ensure that the descriptive content of advertisements is consistent with the facts. The content of the advertisement should be prepared by the ADVERTISING PARTY in a manner consistent with reality, fair and complete, and may not mislead other USERS, in particular as to the substance or properties.
2.2 In the event of third party claims against the SERVICE PROVIDER as a result of placing advertisements on the pages of MASZYNERIA.PL, the ADVERTISER undertakes to release the SERVICE PROVIDER from these claims by replacing it.
2.3. Advertising agencies and other business entities acting as an intermediary in advertising, acting on behalf and for the benefit of their clients, are jointly and severally liable with the entities they represent for the timely payment of receivables to the SERVICE PROVIDER for placing advertisements on the MASZYNERIA.PL website.
2.4. SERVICE PROVIDER reserves the right to refuse to post advertisements or announcements that are illegal or infringe the rights of third parties or for which there is a justified fear of such non-compliance or violation.
IV. CONDITIONS FOR PROVIDING AND CONCLUDING CONTRACTS FOR THE PROVISION OF SERVICES
1. The period for which the contract is concluded:
1.2. the contract for the provision of the NEWSLETTER SERVICE is concluded for an indefinite period.
2. Technical requirements necessary for cooperation with the SERVICE PROVIDER’s ICT system:
2.1. a computer with Internet access,
2.2. access to electronic mail,
2.3. web browser,
V. TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF SERVICES
1. The SERVICE PROVIDER is entitled to terminate the contract for the provision of services of a continuous and indefinite nature (e.g. NEWSLETTER service, etc.), without giving a reason. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).
2. The SERVICE PROVIDER and the USER may terminate the SERVICE agreement at any time by agreement of the parties.
VI. USER RESPONSIBILITIES
1. The USER is obliged to:
1.1. cooperation with the SERVICE PROVIDER in the performance of the SERVICES, to the extent that they are properly rendered.
1.2. providing the SERVICE PROVIDER with factual information and providing information needed for the proper performance of the SERVICES,
1.3. act in a manner consistent with the law, decency, respecting personal rights and intellectual property rights of third parties,
VII. PRODUCTS OF COOPERATING COMPANIES
1. The SERVICE PROVIDER, apart from its own offer, may present PRODUCTS of the companies it cooperates with.
2. The SERVICE PROVIDER is not responsible for these PRODUCTS and for their use and is not a party to the complaint procedure.
3. The SELLER and the BUYER are the parties to the SALES AGREEMENT.
4. The USERS involved in a given SALE AGREEMENT bear full responsibility for the transaction.
VIII. INTELLECTUAL PROPERTY
1. Upon accepting the REGULATIONS, the USER acknowledges that all copyrights and all trademarks related to MASZYNERIA.PL, excluding PRODUCTS, belong to the SERVICE PROVIDER and are subject to legal protection, in particular by the Act of February 4, 1994 on copyright and related rights ( Journal of Laws No. 24, item 83, as amended).
2. It is forbidden to use these intellectual property rights or the services of MASZYNERIA.PL for purposes other than those specified in the REGULATIONS. The USER is fully liable for any damage caused to the SERVICE PROVIDER, resulting from the use of the company or trademarks of MASZYNERIA.PL, without its consent. Downloading, using and processing the content of MASZYNERIA.PL, including using internet robots or other automatic data collection systems, without the consent of the SERVICE PROVIDER, is prohibited.
3. The USER, by sending data or other content to MASZYNERIA.PL, consents to the access to this information by the SERVICE PROVIDER, and authorizes the SERVICE PROVIDER to use it in accordance with the provisions of the REGULATIONS. Placing in MASZYNERIA.PL content, which is a work within the meaning of the Act of February 4, 1994 on copyright and related rights, is associated with granting the SERVICE PROVIDER by the USER a free LICENSE for the use and management of the work. The LICENSE does not have any time or territorial limitations, therefore it does not expire in the event of the USER’s resignation from using the services of MASZYNERIA.PL. The LICENSE includes the rights to copy, publish, distribute, modify, translate and otherwise use the works provided voluntarily by the USER in the following fields of use: public display, display, reproduction and broadcasting of the work, in a way that allows access to it by an unlimited group of users, a place and time chosen by them; in particular, the SERVICE PROVIDER has the right to to place the work on all MASZYNERIA.PL pages and present these works to other USERS.
4. By sending a photo, description and other content, the USER shall be solely responsible for infringement of proprietary and related copyrights and personal rights of third parties, and in the event of any claims or demands against MASZYNERIA.PL or the SERVICE PROVIDER in this regard, I undertake to release THE SERVICE PROVIDER from all liability under the license granted and to full satisfaction of third party claims resulting from this breach.
IX. LIABILITY AND OBLIGATIONS OF THE SERVICE PROVIDER IN THE FIELD OF ELECTRONIC SERVICES
1. THE SERVICE PROVIDER reserves the right to temporarily disable MASZYNERIA.PL for maintenance purposes.
2. The SERVICE PROVIDER’s liability is limited to damages caused solely by willful misconduct.
3. The responsibility of the SERVICE PROVIDER is limited to normal consequences, foreseeable at the time of concluding the contract between the USER and the SERVICE PROVIDER. THE SERVICE PROVIDER is not responsible for the losses suffered by the USER, as well as for lost profits.
4. The SERVICE PROVIDER is not responsible for any unlawful actions of the USER using the SERVICES.
5. The SERVICE PROVIDER shall not be liable for damages suffered by the USER, caused by threats on the Internet, in particular hacking into the USER’s system, taking over passwords by third parties, infecting the USER’s system with viruses.
X. COMPLAINT PROCEDURE RELATED TO ELECTRONIC SERVICES
1. Complaints related to the provision of SERVICES may be submitted using the contact form available at: http://maszyneria.pl/kontakt.html
2. Consideration of the complaint by the SERVICE PROVIDER takes place within 14 days of its receipt.
3. The SERVICE PROVIDER’s response to the complaint is sent to the USER’s e-mail address provided in the complaint.
XI. FINAL PROVISIONS
1. Agreements concluded by the SERVICE PROVIDER as part of the activities of MASZYNERIA.PL are concluded in Polish, in accordance with the law in force in Poland.
2. THE SERVICE PROVIDER reserves the right to make changes to the REGULATIONS. The changes made to the REGULATIONS are binding on the USER, provided that he has been properly informed about the changes and has not terminated the contract for the provision of electronic services within 7 days from the date of notification of the changes.
3. TERMS AND CONDITIONS are not intended to infringe the USER’s rights. In the event of any incompatibility of any part of the REGULATIONS with the law, the SERVICE PROVIDER will apply this law in place of the challenged provision of the REGULATIONS.
4. Disputes related to the implementation of contracts for the provision of SERVICES will be resolved first by negotiation with the intention of amicable settlement of the dispute. However, if this would not be possible or would be unsatisfactory for either party, the disputes will be settled by the court having jurisdiction over the seat of the SERVICE PROVIDER (ie the Court in Poland, in Jelenia Góra).
COMMERCIAL CONDITIONS FOR THE SALE OF MACHINES USED BY MASZYNERIA SP. Z O.O. AND MACHINES EXPORT-IMPORT OF MACHINES
I. Terms used
1. MASZYNERIA EKSPORT-IMPORT – business activity called MASZYNERIA.PL Eksport-Import Maszyn Henryk Konieczko, based in Jelenia Góra at 149A Cieplicka Street and marked with the NIP identification number: 6111473880, REGON 231177580.
2. SELLER – owner of the PRODUCT.
3. THE BUYER – THE USER concluding a SALE AGREEMENT with the SELLER.
4. SALES AGREEMENT – a PRODUCT sale agreement concluded between the BUYER and the SELLER.
5. PRODUCT – a movable item, the sale of which was announced in MASZYNERIA.PL.
II. Offer presentation
1. MASZYNERIA EKSPORT-IMPORT makes every effort to ensure that the machine description reflects the technical condition of the presented machine. The description of the technical condition of used machines, however, is a subjective assessment and before the purchase, the BUYER should verify the technical condition of the machine personally.
2. The technical parameters given in the descriptions of machines are those prescribed in the technical and operational documentation of new machines and may differ from the actual parameters of used machines.
3. MASZYNERIA EKSPORT-IMPORT always tries to present the current offer. The status of the offer, however, changes dynamically and before arrival, please contact the EXPORT-IMPORT MACHINE in order to confirm the validity of the offer.
III. Terms of sale of machines
1. MASZYNERIA EXPORT-IMPORT encourages those interested in buying to personally check the technical condition and parameters of the machine.
2. The machines are sold in the technical condition in which they are currently and which the BUYER has accepted.
3. MASZYNERIA EXPORT-IMPORT does not provide warranty for used machines.
4. In the case of sale to business entities – the parties exclude the liability of MASZYNERIA EKSPORT-IMPORT under the warranty pursuant to art. 558 § 1 of the Civil Code
5. The machine becomes the property of the buyer after payment of the full sale price.
IV. Reception conditions
1. The machine is released to the BUYER after paying the full sale price.
2. If MASZYNERIA EXPORT-IMPORT has documentation for a given type of machine, a photocopy of the documentation is issued with the machine.
3. The BUYER should collect the purchased machine personally or send a written order to hand over the machine to a third party to the EXPORT-IMPORT MACHINE.
4. The BUYER, in consultation with the MACHINE EXPORT-IMPORT, sets the date of receipt of the machine and the type of the car that will allow for proper loading.
5. MASZYNERIA EXPORT-IMPORT undertakes to load the machine on a car, the type of which was previously agreed.
6. MASZYNERIA EXPORT-IMPORT is responsible for the machine until it is placed on the car provided by the buyer.