Terms and conditions of the Machinery Auction Service

TERMS AND CONDITIONS OF THE WEBSITE

1. these Regulations define the general terms and conditions, rules and manner of providing services electronically by TECHBID SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Gdynia, via the techbid.pl website (hereinafter referred to as the „Website”).

§ 1 Definitions

1. Auction - the public sale of Goods, organised at a designated time through the Website of the Service.

2. Bid price – the winning Bid during the Auction, specified in Polish zlotys or another currency, constituting net price (not including value added tax - VAT). The Bid Price also excludes delivery costs and the Auction Fee.

3 Password - means a sequence of letter, digital or other characters chosen by the User during the Registration on the Website, used to secure access to the User's Account on the Website.

4 User Account - means an individual panel for each User, activated for the User by the Service Provider, after the User has registered.

5 Auction - means a type of Bid placed by the User in which the Bidder specifies the price for which he is able to purchase the Goods.

6 Bidder - means the Service Recipient making an offer to purchase Goods in an Auction.

7 Service Recipient - means the User, with a User Account, taking action to purchase or purchasing a service.

8 Login - means an individual designation of the User, consisting of a sequence of letter, digital or other characters, required together with the Password to log into the User's Account on the Website.

9. offer - means a proposal to conclude a contract of sale of Goods, and the terms and conditions specified by the User, including, among other things, type of Goods, place of location of the Goods, specification of the Goods and any other data necessary for verification of the Goods.

10. Auction Fee - means the fee paid by the User who wins the Auction. The Auction Fee is set at the time of the auction and is detailed on the Auction page.

11 Terms and Conditions - means these terms and conditions of the Website.

12. Registration - means a factual action performed in the manner specified in the Regulations, required for the User to use all functionalities of the Website.

13. the Website of the Service - means the websites under which the Service Provider operates the Website, operating in the domain techbid.pl

14 Durable medium - means a material or tool that allows the User or Service Provider to store information addressed personally to the User in a manner that allows future access to the information for a period of time appropriate to the purposes for which the information is used and that allows the unchanged reproduction of the stored information.

15 Goods - means the product presented in the Auction via the Website of the Online Service.

16 Paid Service/Package - means the service presented by the Service Provider via the Website of the Website.

17. Service Provider - means TECHBID SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Gdynia (81-571), Chwaszczyńska 200/200A, NIP:9581756973, REGON: 542513560, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under KRS number 0001190133; share capital PLN 5,000; e-mail: kontakt@techbid.pl, which is also the owner of the Website.

BDO number – 000198452.

18 User - means an entity to which electronic services may be provided in accordance with the Regulations and the law.

§ 2 General provisions and use of the Website

(1) All rights to the Website, including property copyrights, intellectual property rights to its name, Internet domain, Website of the Website, as well as to templates, forms, logos belong to the Service Provider, and use may only be made in the manner specified and in accordance with the Terms and Conditions.

(2) The Service Provider shall endeavour to ensure that use of the Website is possible for Internet users using all common Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Website of the Service are a web browser of at least Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or later, with Javascript enabled, accepting cookies and an internet connection of at least 512 kbit/s. The Website of the Service is responsive and adapts dynamically to any screen resolution.

(3) The Service Provider uses the mechanism of “cookies” files, which are saved by the Service Provider's server on the User's terminal equipment when the Users use the Website of the Service. The use of “cookies” is aimed at the correct operation of the Website of the Service on the Users„ final devices. This mechanism does not damage the User's terminal equipment and does not cause configuration changes in the Users” terminal equipment or in the software installed on such equipment. Each User may disable the „cookies” mechanism in the web browser of their terminal device. The Service Provider points out that disabling "cookies" may, however, make it difficult or impossible to use the Website of the Service.

(4) In order to set up a User Account on the Website, it is necessary for the User to have an active e-mail account.

(5) It is forbidden for the User to provide content of an unlawful nature and for the User to use the Website, the Website or the services provided by the Service Provider in a manner contrary to the law, good morals, infringing the personal rights of third parties or the legitimate interests of the Service Provider.

The Service Provider declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Users' data by unauthorised persons, therefore Users should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Service Provider shall never ask the User to provide the Password in any form.

(7) The User is entitled to use the resources of the Website exclusively for his/her own use. It is not permissible to use the resources and functions of the Web Site in order for the User to carry out activities that would harm the Service Provider's interests.

(8) Users of the Website are expected to keep their own records of contracts concluded.

§ 3 Registration

In order to create a User Account, the User is obliged to register.

(2) In order to register, the User should complete the registration form made available by the Service Provider on the Website and send the completed registration form electronically to the Service Provider by selecting the appropriate option found in the registration form.

(3) When completing the registration form, the User has the opportunity to read the Terms and Conditions by accepting their content by marking the appropriate box on the form.

(4) After submitting the completed registration form, the User shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of Registration by the Service Provider. With this moment, the contract for electronic provision of the service of maintaining the User Account is concluded, and the User obtains the possibility to access the User Account and the services made available within the User Account.

§ 4 Free services

(1) The Service Provider provides paid and unpaid services to the Users electronically. The services are provided 24 hours a day, 7 days a week.

(2) The Service Provider shall provide the following services to Users, by electronic means, free of charge:

a) Maintenance of the User Account;

b) Newsletter;

(c) Posting a comment.

(3) The Service Provider reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Users in a manner appropriate to the amendment of the Terms and Conditions.

(4) The User Account Service shall be available upon registration, pursuant to the terms and conditions described in § 3 of the Terms and Conditions.

(5) A User who has registered may submit to the Service Provider a request to delete the User Account. A request for deletion of the User Account shall be tantamount to a termination of the agreement for electronic provision of the service of maintaining the User Account pursuant to §13 of the Terms of Use.

6. the Service Provider is entitled to block the access to the User's Account and services provided by electronic means in the case of the User's acting to the detriment of the Service Provider or other Users, the User's violation of the law or the provisions of the Regulations and also when the blocking of the access to the User's Account and services provided by electronic means is justified for security reasons - in particular: breaking the security of the Website by the User or other hacking activities. Blocking access to the User Account and electronically provided services for the aforementioned reasons lasts for a period necessary to resolve the issue constituting the basis for blocking access to the User Account and electronically provided services. The Service Provider shall electronically notify the User of its intention to block access to the User's Account and electronically provided services to the address provided by the User in the registration form.

(7) The Newsletter service shall consist in sending by the Service Provider, to an e-mail address, an electronic message containing notification of new information posted within the Website. The Newsletter shall be sent by the Service Provider to all Users who have subscribed.

(8) The Newsletter service may be used by each User who activates the relevant field in the registration form on the Website during Registration. Newsletter subscription is also possible at a later date by activating the relevant field in the User Account.

(9) A User Account is required to use the Newsletter service. Removal of the Account in accordance with the provisions of the Terms and Conditions shall be tantamount to the User losing the possibility to use this service.

(10) The User may unsubscribe from the Newsletter at any time by means of an unsubscribe link included in any email sent as part of the Newsletter service or by activating the relevant field in the User Account.

(11) The free of charge service “Posting a comment” on the Website, consists of enabling the User, by the Service Provider, to publish the User's individual and subjective statements concerning, in particular, the content presented by the Service Provider.

12. cancellation of the free service “Posting a comment” is possible at any time and consists in the User's ceasing to enter content on the Website.

§ 5 Orders for paid services

(1) The Service Provider shall provide to Users who have a User Account, by electronic means, a paid Package service.

2. the User may place orders on the Website via the Website or by e-mail 7 days a week, 24 hours a day.

When placing an order via the Website, the User completes the order by selecting the Service in which he/she is interested. The Service is added to the order by selecting the command “ADD TO CART” under the given Service presented on the Website of the Website. After completing the entire order and indicating the form of payment in the „CART”, the User places the order by sending the order form to the Service Provider by selecting the „BUY AND PAY” button on the Website of the Website. Each time before the order is sent to the Service Provider, the User is informed of the total price for the selected Service, all additional costs he/she is obliged to incur in connection with the Contract, as well as the duration of the Contract, the exact scope of the Service and the date and manner of its implementation.

(4) Placing an order constitutes acceptance by the User of the Service Provider's offer to conclude a Contract, the subject of which is the provision of the Paid Service, which is the subject of the order. Once an order has been placed, the Service Provider sends a confirmation of the order and the conclusion of the Contract to the e-mail address provided by the User.

§ 6 Payments

(1) The prices on the Website of the Service posted next to a given service are net prices.

(2) The final price binding the parties shall be the price of the service as stated on the Website of the Service at the time the order is placed by the User.

3 The User may choose the following forms of payment for the ordered Paid Service:

a) payment card or bank transfer through an external e-payment system operated by the company TPay with its registered office in Poznań (in this case, the processing of the order will commence after the Service Provider has sent the User a confirmation of acceptance of the order and after the funds have been credited to the Service Provider's bank account).

4 The User shall make payment for the order in the amount resulting from the concluded Contract within 7 Business Days.

(5) In the event that the User fails to make payment within the period referred to in §6.4 of the Terms and Conditions, the Service Provider shall set the User an additional deadline for payment and inform the User about it on a durable medium. The information about the additional deadline for payment shall also contain the information that upon the ineffective expiry of this deadline, the Service Provider will withdraw from the Agreement. If the second deadline for payment expires ineffectively, the Service Provider will send the User a statement of withdrawal from the Contract on a Durable medium pursuant to Article 491 of the Civil Code.

(6) At the request of the User, the Service Provider shall send, by e-mail, to the e-mail address provided by the User in the course of ordering the services, an invoice covering the ordered paid services. The invoice is delivered by e-mail in the form of an electronic file in PDF format. In order to open the file, the User should have free software compatible with the PDF format. The service provider recommends Adobe Acrobat Reader for this purpose, which can be downloaded free of charge at https://www.adobe.com.

§ 7 Placing an Offer in an Auction

The User, using the functionality of the User's Account, may prepare an Offer by filling in a dedicated form and specifying, inter alia, the subject of the Offer and its terms and conditions, and place it on the Website of the Service, or fill in a preliminary contact form placed on the Website of the Service. In this case, the User is contacted by the Service Provider in order to collect all the data for the Bid in order to place the Bid on the Website.

(2) The content of an Offer, drawn up by the User, should be reliable, relate only to the Goods subject to the Offer, comply with the legal provisions, in particular contain information resulting from the applicable legislation and must not mislead the Service Recipients.

(3) The User is fully responsible for the content and scope of the presented Offer, including being responsible for any errors or inaccuracies of such description. In the event that the description or other content of the Offer does not meet the requirements set out in the Regulations, the Service Provider may call upon the User to correct the description and hide the visibility of the Offer until such corrections are made by the User.

(4) The User is not entitled to provide content within the Offer that contains information on personal data of third parties and disseminates the image of third parties without the legally required permission or consent of the third party.

(5) The conclusion of a contract by way of an Auction allows the User to specify a minimum price. This is the lowest price for which the User is able to conclude a contract with the Service Provider. Bidder's specifying lower price proposals than the minimum price shall result in the failure to conclude a contract. The amount of the minimum price is not made public to the Service Providers until a price equal to or higher than the minimum price is achieved at the Auction. In the event that the minimum price is not reached, the Parties allow the possibility of negotiating the sale price of the Goods through the Service Provider.

When placing an Offer through the Website, the User must possess the legal title to the Goods being the subject of the Auction and, in addition, the Goods being the subject of the Auction may not be prohibited pursuant to the binding provisions of law or these Rules.

7 The publication of an Auction by the User, takes place after the acceptance of the Auction by the Service Provider and the setting of the Auction parameters on the Website of the Service.

(8) From the moment an Offer is published, the User is bound by its content. The User may make changes to the content of the Bid only up to the time of the first Bid by the Bidder.

9 The winner of the Auction shall be obliged to pay the Price and the Auction Fee in full within 7 days of the date of the Auction.

In the event of a delay in payment of the Price:

a) The Service Provider reserves the right to charge statutory interest for late payment,

b) The Service Provider may also impose a contractual penalty on the Bidder in the amount of 20% of the auctioned amount, but not less than PLN 1,000.

(10) In the event that the customer is in delay with the payment of the Price and the Auction Fee, the seller may withdraw from the Contract of Sale after the unsuccessful expiry of the additional period set for payment. If the vendor exercises his right of withdrawal, the vendor may claim damages from the purchaser for lost profits, which shall include, among other things, the damage caused by non-payment of the remuneration.

(11) Ownership of the Goods which are the subject of the Contract of Sale shall pass to the Customer upon receipt by the Service Provider of payment in full of the Price and the Auction Fee and delivery of the Goods.

§ 7a Exclusion of warranty and guarantee

1. Products presented at Auctions via the techbid.pl Website are sold in the condition they are in at the time of bidding.

• These products are not covered by warranty, and the warranty for physical and legal defects is excluded to the fullest extent permitted by law.

• By making a purchase in an Auction, the User accepts the fact referred to in paragraphs 1–2.

§ 8 Auction Procedure

(1) The Auction Notice shall be posted on the Website of the Service in the form of publication of the Bid both by the Bidder and the Service Provider. It includes in particular:

(a) the date of the Auction;

(b) the kind, type, quantity of Goods sold in the Auction;

(c) the amount of the Call Price.

(2) The Call Prices of the Auction Goods quoted during the Auction may be both gross and net amounts, the exact type of price being specified next to the specific item in the Auction.

(3) The auction shall be won by the nominally highest bid submitted by the time the Auction closes.

4 Once a Bid has been placed, other Bidders have a minimum of 3 minutes to place their Bid. The Auction time is automatically extended.

5 The Service Provider reserves the right to verify the selected Offers.

6 If the verified Offer is not confirmed or the customer is not contacted by telephone (incorrect number, busy number or out of range), the Offer is rejected.

7 Bids are binding. Even if the Minimum Price is not exceeded and the Seller agrees to sell the equipment at this price, the Bidder is obliged to accept this and pay the price.

(8) In the case of sales abroad, VAT shall be added and reimbursed upon presentation of the relevant documents proving that the goods have reached/exited the country of destination.

§ 9 Complaints

(1) The User may submit a complaint to the Service Provider in relation to the use of services provided electronically by the Service Provider. A complaint may be submitted in electronic form and sent to the Service Provider's electronic address. The User should include a description of the problem in the complaint notification. The Service Provider shall promptly, but not later than within 14 days, consider the complaints and respond to the User's e-mail address provided in the complaint notification.

§ 10 User responsibility for content posted by them

By posting content and making it available, the User is voluntarily distributing content. The posted content does not express the views of the Service Provider and should not be equated with its activities. The Service Provider is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.

(2) The user declares that:

a) he/she is entitled to exercise copyright, industrial property rights and/or related rights in - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights which comprise the content;

b) the inclusion and disclosure of personal data, images and information regarding third parties within the scope of the services referred to in § 4 of the Terms and Conditions was legal, voluntary and with the consent of the persons concerned;

c) agrees that the published content may be viewed by other Users and the Service Provider, and authorises the Service Provider to use it free of charge in accordance with the provisions of these Terms and Conditions;

d) agrees to develop works within the meaning of the Act on Copyright and Related Rights.

3 The user is not entitled to:

a) upload personal data of third parties and disseminate images of third parties without the legally required permission or consent of the third party as part of the use of the services referred to in § 4 of the Terms and Conditions;

b) to include advertising and/or promotional content in the use of the services referred to in § 4 of the Terms and Conditions.

4 The Service Provider shall be liable for the content posted by Users provided that it has received notification in accordance with §11 of the Terms and Conditions.

(5) It is forbidden for Users to post content as part of the use of the services referred to in §4 of the Terms and Conditions that could, in particular:

a) be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;

b) infringe any third party rights, including those related to copyright and related rights protection, industrial property rights protection, business secrets or those related to confidentiality obligations;

c) be offensive or threatening to other persons, or use offensive language (e.g. by using profanity or expressions which are generally regarded as offensive);

(d) be contrary to the interests of the Service Provider;

e) otherwise violate the provisions of the Rules, good morals, applicable laws, social norms or customs.

(6) In the event of receipt of a notification in accordance with §11 of the Terms and Conditions, the Service Provider reserves the right to modify or remove content posted by Users within the framework of their use of the free services referred to in §4, in particular with regard to content which, based on reports from third parties or relevant authorities, has been found to be in violation of these Terms and Conditions or applicable laws. The Service Provider does not carry out ongoing monitoring of the posted content.

7 The User agrees that the Service Provider may use the content posted by the User free of charge, only within the scope of the services provided by the Service Provider as part of the Website operated, in particular the publication of the content on the Website of the Website.

§ 11 Reporting threats or violations of rights

(1) In the event that the User or any other person or entity considers that the content published on the Website of the Service violates their rights, personal rights, good morals, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or by obligation, they may notify the Service Provider of the potential violation.

(2) The Service Provider notified of a potential infringement shall take immediate action to remove from the Website of the Service, the content causing the infringement.

§ 12 Protection of personal data

The principles for the protection of Personal Data are set out in the Privacy Policy.

§ 13 Termination of the agreement

(does not apply to fixed-term contracts)

(1) Both the User and the Service Provider may terminate an agreement for the provision of services by electronic means concluded for an indefinite period of time at any time and without stating reasons, subject to the preservation of the rights acquired by the other party prior to the termination of the aforementioned agreement and the provisions below.

(2) The parties may terminate the contract for the provision of services by electronic means by making an appropriate declaration of intent, in particular using any means of remote communication, in a manner that enables the other party to be aware of it.

(3) Termination of the contract on the basis of a statement by the Service Provider or the User shall take place with one month's notice calculated from the date of submission of the statement to the other party, subject to. The period of notice stipulated in this provision does not exclude the statutory right of the User, who is a Consumer, to withdraw from the contract.

§ 14 Final provisions and amendments to the Terms and Conditions

(1) The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the Website of the Service.

(2) In the event of a dispute arising from a concluded agreement for the provision of services by electronic means, the parties will seek to resolve the matter amicably. Polish law shall govern all disputes arising from these Terms and Conditions.

(3) The Service Provider reserves the right to amend these Regulations. All agreements for the provision of services by electronic means concluded before the date of entry into force of the new Regulations shall be performed on the basis of the Regulations which were in force on the date of conclusion of the agreement for the provision of services by electronic means. Amendments to the Regulations shall come into force within 7 days of their publication on the Website. The Service Provider shall inform the User 7 days before the new Regulations come into force about the change of the Regulations by means of a message sent by e-mail containing a link to the text of the amended Regulations. If the User does not accept the new text of the Regulations, he/she is obliged to notify the Service Provider, which results in termination of the agreement in accordance with the provisions of §13.

4 Contracts with the Service Provider shall be concluded in the Polish language.

5 The Regulations shall come into force on 22.12.2025.