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Terms of use of the Platform purchasing of 25.05.2018

1. Definitions:

Definitions used in the Terms of Use mean as follows:

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

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

Procurement proceeding - an Inquiry, Auction and announcement published on the Procurement Platform..

System Administrator – Logintrade S.A., with its registered office in Wrocław, 53-680 Wrocław, ul. Braniborska 2/10, entered into the National Court Register maintained by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register, under entry No. 0000438056, Tax Identification Number (NIP) 8942953589, REGON 020811830..

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

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

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

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

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

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

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

Observer - a Purchasing Platform User who does not take an active part in an Auction.

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

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

Bid - the Supplier's statement of will in the course of an Auction within the Purchasing Platform. If the Supplier is able to consequtively place multiple bids in the course of an Auction, their former offer shall no longer be valid and is replaced by a better bid.

Offer - Competitive offer or bid.

2. Purchasing Platform Terms of Use :

  1. Participation in Auctions or placing Offers in response to Enquiries by means of the Purchasing Platform is only possible for registered Users.
  2. The User is either a legal person or a business unit without legal personality that accepts the Terms of Use and has registered in the Purchasing Platform.
  3. Registration and participation in the proceedings within the Purchasing Platform are free of charge.
  4. The subject of an enquiry, a commercial offer, as well as an auction may not be products or services contrary to law.
  5. Any actions impeding the operation of the Purchasing Platform or impacting its stabile behavior are forbidden.

3. Auctions and Bids:

  1. E-auctions run within the Purchasing Platform are not auctions as understood by the civil code.
  2. The Supplier is bound with the last Competitive offer placed in the course of an electronic auction regardless of the fact that the offer has been outbid by another Supplier.
  3. The Supplier is bound by the content of the Offer it has placed during an Auction within the deadline and on the conditions indicated in a given Auction.
  4. The type of an Auction, as well as the rules of its proceedings by means of the Purchasing Platform, are defined by the Buyer, in particular:
    1. the subject of the Auction and requirements referring to completion conditions,
    2. offer evaluation criteria,
    3. opening date as well as date and conditions of closing the Auction,
    4. minimum increment values,
    5. offer validity period and conditions,
    6. conditions of participation in the Auction.
  5. The information mentioned above shall be available for Suppliers in an invitation to the e-auction.
  6. Instructions for participation in the electronic Auction shall be available in the invitation.
  7. The price of the Supplier's offer or the unit price of the Supplier's offer, as well as the best offer price or the best offer unit price, are presented in the course of an Auction.
  8. The Buyer and the Operator reserve the right to keep undisclosed the number of Suppliers, the names of Suppliers and all participants of an Auction, as well as the offers values or the scorings of the offers.
  9. The Buyer has the right to change the conditions of or to cancel the Auction before its commencement, as well as to invalidate or to withdraw from the Auction, fully or partially, also after its completion, and to finish the Auction without selection.
  10. The Buyer reserves the right to make the final choice of the Supplier. Ending of the auction does not mean adjudication to any bidders.
  11. The Auctions are conducted in net or gross prices – the Buyer specifies the Offer submission principles and conditions.
  12. The Buyer reserves the right to not respond to the submitted offers. The lack of a response within the offer validity period means that the offer was not accepted for completion.

4. Enquiries and Commercial Offers:

  1. These Conditions determine the manner of conduct in connection with the purchase proceeding led by the Buyer. The Conditions constitute an integral part of the request for quotation.
  2. The contents of this document, any information it refers to, the correspondence associated with the request as well as conversations must be kept confidential. Supplier shall be obligated not to make the information obtained in connection with the purchase proceeding available to third parties without prior written consent and authorization from the Employer.
  3. Each Supplier may ask the Buyer to explain the contents of documents associated with the purchase proceeding. Suppliers should send their inquiries by e-mail to the persons named in them. An inquiry should contain the name of the Supplier and e-mail address to which replies are to be sent. Replies to all the collected inquiries shall be provided on a current basis and sent, together with the text of the inquiry, to all the remaining Suppliers, however, with no information identifying the inquirer. On the date of tender submittal, the Employer shall cease to provide replies to inquiries. Buyer does not bear any responsibility for the functioning of electronic mail systems. Supplier shall direct any inquiries to the person indicated in the request for quotation. Employer does not take any responsibility for the consequences of the Supplier's failure to meet the above condition.
  4. In particularly justified cases, prior to expiration of the tenders submittal deadline, the Buyer may modify the contents of documents which make up the request for quotation. Each change introduced by the Buyer shall become a part of the request, and be delivered to all the Suppliers who received the request. Buyer may extend the tenders submittal period in order to make it possible for Suppliers to provide, in the prepared tenders, for the received explanations and changes to the request,.
  5. By submitting the tender, the Supplier agrees to the conditions specified in the request as well as in these Conditions, and entirely accepts the principles expressed in both. By submitting the tender, the Supplier agrees to its data being processed for the purposes of the purchase proceeding. By submitting the tender, the Supplier declares that it has the qualifications and skills necessary to execute the subject of the request, should such qualifications or skills be required by applicable law.
  6. Employer shall not cover any costs of the Supplier associated with preparation of replies to requests for quotation, presentation of replies, meetings or negotiations.
  7. Tender ought to be submitted within the time limit, and in the form specified in detailed information.
  8. During evaluation of tenders, the Employer reserves the right to call the Supplier in writing to provide additional explanations pertaining to the submitted tender. Supplier is expected to be ready to provide any necessary explanations. The Supplier's refusal to provide an explanation may result in rejecting the tender.
  9. In the tender, the Supplier shall indicate the tender validity period. Tender validity period is counted from the time of its submittal.
  10. Employer allows submitting of variant tenders. Employer reserves the right to freely select information or parts thereof, and to use a selectively chosen part of the tender.
  11. The Buyer decides about the possibility to change the commercial offers submitted by the Suppliers before the offer submission deadline.
  12. The Buyer reserves the right to change, at any time, the conditions of, cancel, withdraw or invalidate, fully or partially, an Enquiry made by means of the Purchasing Platform.
  13. The Offers submitted after the offer submission deadline may not be taken into consideration in the offer selection.
  14. The Commercial offers are submitted in net or gross prices – the Buyer specifies the Offer submission principles and conditions.
  15. The Buyer reserves the right to not respond to the submitted offers. The lack of a response within the offer validity period means that the offer was not accepted for completion.
  16. The Purchaser reserves a right to finally select a Supplier

5. Confirmation of bid selection results, basis for realization:

  1. Offer selection results are approved by the Buyer.
  2. Subject to evaluation shall be complete tenders and those submitted in time. Buyer shall exclude from the purchase proceeding the Suppliers who were found to provide untrue information relevant to the conducted proceeding. Buyer may reject a tender if it is inconsistent with the request or if its submittal constitutes an act of unfair competition. Supplier shall not be entitled to any claims towards the Employer in connection with rejection of the tender.
  3. The Buyer reserves the right to revoke, in whole or in part, the conducted proceeding if:
    1. the price of the most favourable Offer is higher than the amount that the Contracting Party spent to finance the order,
    2. Submission of the bid is not in the best interest of the Purchaser,
    3. Proceedings are faulty and as a result it is impossible to conclude the final agreement.
  4. Employer reserves the right to make the final choice of the Supplier based on the received tenders. Information contained in the request and reply of the Supplier may be the basis for further negotiations or invitation to take part in the Internet auction. Employer reserves the right not to select any tender without giving reasons. In such case, Suppliers shall not be entitled to any claims. Employer reserves the right not to publicly disclose the winner Supplier.
  5. The Suppliers will be informed by email about the results of the offer selection.
  6. The basis for implementation of the accepted tender shall be the agreement signed by the Buyer or the written order sent to the Supplier.

6. Obligations and Responsibilities of the Operator:

  1. The Operator provides incessant acces to the Purchasing Platform, except for the technical breaks, necessary for the Platform's operation.
  2. The Operator is obliged to inform all the Users about any additional paid services that have been introduced into the Purchasing Platform, as well as not to charge any fees unless a service has been ordered by the User.
  3. Subject to the provisons of the limitations resulting from the generally applicable law, the Operator does not bear responsibility for the damages occuring in relation with the Purchasing Platform, its usage, inability to use it by any of the Users, its defective functioning, faults, deficiencies, interferences, defects, delays in operation and transfer, computer viruses, system or line failures.
  4. The Operator is not responsible for the behaviour of Users within the framework of the website or the improper performance or failure to perform the agreements concluded by them as a result of the auction or the submitted commercial offers, as well as for the consequences of actions undertaken by the Users and third parties, which constitute a breach of the provisions hereof.
  5. In particular, the Operator is not responsible for:
    1. quality, security, or legality of the goods or services provided by the Suppliers,
    2. authenticity and truthfulness of the information provided by the Users,
    3. no agreements concluded by Users,
    4. hindrances to or the inability to take part in the Auction or submit the Offer for reasons beyond the control of the Operator,
    5. damages resulting from the lack of execution or inadequate execution of contracts concluded by means of the Purchasing Platform, as well as damages resulting from other Users' activities or negligence,
  6. The Operator is not responsible for disclosing the account name and the password to the Purchasing Platform to third parties by the Supplier.
  7. The Operator is not a party to contracts concluded between the Buyers and the Suppliers. The Operator in particular does not bear responsibility for any claims of the Users' who have concluded a contract as a result of an Auction or on the basis of Enquiries and submitted Competitive offers by means of the Purchasing Platform.
  8. The Operator is not a competent institution for settling conflicts between the Buyer and the Supplier.
  9. The disputes between the Suppliers and the Operator shall be settled by the courts competent for the city of Wrocław.

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

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

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

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

9. Enterprise Secret:

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

10. Final Provisions:

  1. The Terms of Use become binding for the User upon registering in the Buyer's Supplier database and creating an Account wihtin the Purchasing Platform.
  2. The Operator may suspend an Account for a determined or indetermined period of time in case the User's activities are in breach with the Terms of Use, have negative impact on the Purchasing Platform image or are in any way harmful to the Operator or the Buyer.
  3. In all matters not settled by these Terms of Use, the proper provisions of the Civil Code as well as provisions of acts of law, and executive regulations issued on their basis shall apply.