TERMS AND CONDITIONS OF CHARYTATYWNI.ALLEGRO.PL
PBO– a legal person or organisational unit without legal personality, carrying out public benefit activities as defined in the Act on Public Benefit and Volunteer Work of 24 April 2003 (consolidated text: Journal of Laws of 2012, No. 234, item 1536 as amended).
ALLEGRO - Allegro.pl sp. z o.o. with its registered office in Poznań (ul. Grunwaldzka 182, entered in the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000635012, share capital: PLN 34,000,000.00, paid in full, tax identification number NIP: 525-26-74-798, REGON: 365331553, which may be contacted by the User in matters connected with CHARYTATYWNI.ALLEGRO.PL at e-mail: firstname.lastname@example.org.
ALLEGRO WEBSITE - an e-commerce platform administered by ALLEGRO at allegro.pl.
CHARYTATYWNI.ALLEGRO.PL - an e-commerce platform administered by ALLEGRO at http://charytatywni.allegro.pl/, where ONLINE AUCTIONS are organised the profit from which is donated to PBOs.
ONLINE AUCTION - each auction carried out by the User on charytatywni.allegro.pl, the profit from which is donated to PBOs.
USER or PARTICIPANT – an entity participating in Transactions concluded on ONLINE AUCTIONS.
PayU, PAYMENT OPERATOR - PayU SA with the registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 186, domestic payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000274399, with share capital of 4,944,000 PLN paid up in full and tax id no. NIP: 779-23-08-495, statistical number REGON 300523444, and may be contacted by the User at email@example.com.
2. General provisions
- These Terms and Conditions shall be binding upon all Participants of ONLINE AUCTIONS.
- In matters not regulated herein, the provisions of the Allegro User Agreement shall apply accordingly (published online in Polish at http://www.allegro.pl/country_pages/1/0/user_agreement.php), insofar as the Allegro User Agreement is not contrary to the provisions hereof.
- Appendix no. 7A and 7B to the Allegro User Agreement, subject to Art. 3.1. hereof and exceptions to the non-binding character of offers provided for in Art. 3.3. therein, shall not apply to ONLINE AUCTIONS these Terms and Conditions refer to. The Transactions provided for in Art. 3.3 of the Allegro User Agreement concluded on ONLINE AUCTIONS being special transactions subject to the provisions hereof shall be binding, except for Transactions relating to sale or rental of properties.
- With reference to Appendix no. 1 and 2 to the Allegro User Agreement, it shall be possible to renounce the restrictions provided therein upon prior arrangements with ALLEGRO. This renouncement shall only apply to the Users in relation to which ALLEGRO agreed to list certain offers on ONLINE AUCTIONS.
- ALLEGRO shall have the right to remove any ONLINE AUCTION which is contrary to the provisions hereof and act to the detriment of Allegro, PBO or the Payment Operator.
- As a result of blocking an Account on the Allegro Website, it shall not be possible to participate in ONLINE AUCTIONS. A Participant shall only have access to the Account and use those options which make it possible to finalize transactions concluded before the Account was blocked and cannot use any other services provided by Allegro on the Allegro Website and http://charytatywni.allegro.pl/. As soon as the Account is blocked, all the ONLINE AUCTIONS on which the Participant listed items shall be removed. A bid placed by the Bidder whose Account was blocked before the end of ONLINE AUCTIONS shall not be taken into account when establishing the outcome of the ONLINE AUCTION. The information on blocking the Bidder’s Account shall be disclosed on the ONLINE AUCTION page.
- ALLEGRO shall administer ONLINE AUCTIONS the profit from which is donated for charity purposes of PBOs by providing any tools required for proper operations of the platform.
- A PBO shall be entitled to supervise ONLINE AUCTIONS organised for its benefit and apply to ALLEGRO during the term of ONLINE AUCTIONS to introduce changes herein.
- ONLINE AUCTIONS may also be published on the ALLEGRO Website.
- The ONLINE AUCTIONS shall offer a three-scale (positive, neutral and negative) transaction score system.
3. Auction participants
- Users of the ALLEGRO Website identified in accordance with Appendix no. 7A and 7B to the Allegro User Agreement may become Participants of ONLINE AUCTIONS.
- It shall be possible to participate in ONLINE AUCTIONS personally or, in the case of legal persons and organisational units without legal personality, through a person authorised to represent a legal person or an organisational unit without legal personality, including without limitation to make declarations of intent and perform any activities relating to participation in an ONLINE AUCTION on their behalf as well as acquiring any rights and incurring any liabilities thereunder.
4. ONLINE AUCTIONS
- It shall be free of charge to participate in ONLINE AUCTIONS; no commission fees shall be charged on their Participants.
- The first login of the Participant to CHARYTATYWNI.ALLEGRO.PL shall be deemed conclusion of an agreement between the Participant and Allegro for the provision of services hereunder.
- Services shall be provided by Allegro on http://charytatywni.allegro.pl/ for an indefinite period of time. The Participant may terminate the agreement with Allegro in relation to CHARYTATYWNI.ALLEGRO.PL at any time by sending a relevant notice to e-mail: firstname.lastname@example.org. In such cases, Art. 15.3 of the Allegro User Agreement shall apply accordingly.
- The Participant being a consumer may withdraw from the agreement referred to in point 4.2 within 14 days from the date thereof for any reason. The rules applicable to the withdrawal from the agreement, including a sample withdrawal notice which can be used by the User, are set out in the notes of guidance enclosed hereto as Appendix no. 2 to these Terms and Conditions. It shall not be possible to withdraw from the agreement in such manner if the Participant listed an ONLINE AUCTION before the expiry of the above time limit.
- Bidders shall make payments for items through the PayU e-payment system integrated with Charytatywni.allegro.pl.
- A person listing items for sale on ONLINE AUCTIONS may list not more than 50 ONLINE AUCTIONS of the same Items at one time.
- A person listing an item on ONLINE AUCTIONS and defining its initial price shall be aware of the fact that a person who wins such auction will transfer the final amount for the benefit of PBO. After having received a payment confirmation from PBO, this person shall hand the item over to the winner of the ONLINE AUCTION featuring the item listed for sale.
- A person listing an item on ONLINE AUCTIONS shall also define the shipping cost of the item. The cost shall be transferred to the bank account of this person, according to Appendix no. 1 hereto.
- Should it be impossible to define precisely which item the payment refers to, or as a result of a written statement received from the party to the Transaction on withdrawal from the agreement due to non-performance or improper performance thereof, funds shall be returned to the sender by PBO.
Should the Buyer transfer an amount which differs from the Transaction value defined as a result of the ended ONLINE AUCTION:
- amounts higher than the Transaction value shall be processed by the Payment Operator and transferred to PBO in whole,
- amounts lower than the Transaction value shall not be processed by the Payment Operator. Such payments shall be refunded in whole to the ONLINE AUCTION Participant.
- The amount referred to in points 4.9. and 4.10.(b) shall be refunded immediately after becoming aware of the circumstances set out in points 4.9. and 4.10.(b).
5. COMPLAINTS PROCEDURE
- The User may lodge complaints relating to the failure to perform or improper performance of the service by Allegro within 14 days from the date of event giving rise to the complaint.
- The complaint may be lodged by e-mail sent to: email@example.com or by registered letter sent to the following address: Allegro.pl sp. z o.o., ul. Grunwaldzka 182, 60-166 Poznań with the following note "reklamacja CHARYTATYWNI.ALLEGRO.PL".
- The complaint shall contain at least: name and surname, User’s e-mail address provided on the Account, circumstances justifying the complaint and specific requests of the User.
- If data or information specified in the complaint requires completion, before considering it, Allegro shall request the User to complete it within the indicated scope.
- Allegro shall consider the complaint within 14 days from the date of receipt of a complaint lodged correctly. The User shall be informed about the complaint outcome by e-mail sent to the address provided on the Account.
6. Transaction security and credibility
- Each Participant who exceeds the limit set forth by PBO as a result of placing bids in all ongoing and won but still not finalized ONLINE AUCTIONS (payment confirmation) shall be asked to verify his financial situation through PayU, which shall consist in freezing an amount to be verified on the credit card or the bank account indicated by the Participant for up to 5 days. Upon the expiry of this term, the funds shall be released on the bank account or the credit card of the Participant. The participant can undergo the verification process mentioned above after submitting a relevant form available at http://charytatywni.allegro.pl/en/contact.
- Information about the verification process, accepted payment cards and bank account numbers shall be published on the websites of ONLINE AUCTIONS in an authorisation message sent by PayU.
- The Participant shall agree to undergo the verification process of his financial situation and to have funds frozen on his bank account or his credit card in the situation indicated in point 6.1, which shall be required to finalise transactions concluded on ONLINE AUCTIONS.
- The verification process may be performed only once. If it is unsuccessful in the previous attempt, the Participant shall be entitled to undergo the additional verification process after being notified about the unsuccessful attempt.
- In order to undergo the additional verification process, the Participant shall send the following documents to firstname.lastname@example.org:
- copy of ID card with a photo, and
- copy of a bill, bank statement or invoice (e.g. for phone, electricity, gas) issued to the User no later than 3 months earlier and his current place of residence.
- Once the verification is successful, the Participant shall not be subject to any verification process within 3 months from the date thereof, subject to the loss of User’s credibility. The Participant’s credibility referred to in the previous sentence may be lost in particular in the case of:
- receipt of negative feedback,
- withdrawal from bidding,
- removal of an ONLINE AUCTION,
- failure to make a payment,
- infringement of provisions of the Allegro User Agreement.
- Should there be no consent for carrying out the verification process of financial situation or should this process be unsuccessful, it shall not be possible to place bids in auctions above the limit requiring authorisation.
- ALLEGRO in regard to the processed personal data shall be an Controller as defined in art. 4 point 7) of the EU Regulation 2016/679 of the European Parliament and of the Council of April 27th, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repeal of Directive 95/46 / EC (hereinafter the “General Data Protection Regulation” or ”GDPR”
- ALLEGRO shall process the personal data of the Participants according with the generally binding provisions of law, in particular with the provisions of GDPR. ALLEGRO shall process the personal data of the Participants in order to provide services by electronic means and to perform the contract concluded with them.
- ALLEGRO has the right to make available the personal data of the Participants to third parties in order to perform the contract indicated in point 7.2. In particular, this data may be made available to the Payment Operator within the scope justified by the performance of the contract.
- Within the scope of the consent granted by the Participant, ALLEGRO has the right to make available to the PBO for which the income from the ONLINE AUCTION was intended, the personal data of the Participants in order to enable PBO to correspond with him and send him regards in connection with participation in the ONLINE AUCTIONS.
- The personal data of the Participants may also be made available to entities authorized to receive them under applicable law, including the competent judicial authorities.
- ALLEGRO provides Participants with the possibility to exercise their rights in relation to the personal data being processed, i.e. the right to access the data, the right to rectify the data, the right to delete the data ("the right to be forgotten"), the right to limit the processing, the right to data transfer, the right to submit an opposition to the processing of the data, the right not to be subject to automated decision-making, including profiling.
8. Final provisions
- These Terms and Conditions shall be available for all Users at: http://charytatywni.allegro.pl/en/agreement, and sent by e-mail to the Participants’ addresses in cases provided for in applicable provisions of law.
- ALLEGRO shall prohibit to list items whose description indicates that ONLINE AUCTIONS may be used as advertisement means.
- The list of forbidden and restricted items can be found in Appendix no. 1 to the Allegro User Agreement (http://www.allegro.pl/country_pages/1/0/z2.php)), subject to the fact that it shall also be forbidden to list goods and services without any value, aimed only at raising funds, e.g. selling contributions, virtual money boxes, coupons, etc.
Appendix no. 2 Notes of guidance on withdrawal from agreement and sample withdrawal notice
You may withdraw from the agreement within 14 days from the date hereof for any reason. To withdraw from the agreement, inform us about it by writing to: email@example.com. You may also use the sample withdrawal notice presented below.
You are not entitled to withdraw from the agreement if we provided the service in full with your explicit consent (if you listed an Online Auction).
(fill out this form and return to us if you wish to withdraw from the agreement)
Allegro.pl sp. z o.o.
ul. Grunwaldzka 182
I, _______________ hereby inform you about my withdrawal from the service provision agreement relating to CHARYTATYWNI.ALLEGRO.PL
The agreement was concluded on _______________ .