Terms and Conditions of online auctions organised by Poleasingowe.pl Sp. z o.o. with its registered office in Komorniki.

1. These Terms and Conditions of online auctions organised by Poleasingowe.pl Sp. z o.o. with its registered office in Komorniki outline the principles of providing services by electronic means by Poleasingowe.pl Sp. z o.o. for the Users, consisting in the selection of potential buyers of movables through the following Website: https://poleasingowe.pl/.
2. The Website requires an electronic device with Internet access and one of the following web browsers (with JavaScript enabled):
   • Chrome
   • Firefox
3. The electronic device used to access the Website needs to have up-to-date, legal antivirus software installed.
4. For the duration required to remove any irregularities, the Organiser may suspend or temporarily restrict access to the Website or any part thereof, in particular in the case of malfunctions, maintenance breaks, or other causes, including those beyond the Organiser's control.

Any of the following words or terms used in these Terms and Conditions shall have the following meaning:

Auction - shall be understood as the process of disposing of movable property through www.poleasingowe.pl, conducted as an auction (bidding competition) with individual bids to purchase movable property as defined by Article 66 (1) § 1 of the Civil Code being electronically submitted by the Bidders. The aim of the Auction is to find a possible buyer for the movable property that is listed in the Auction. There are additional options for conducting the Auction, including an Online Auction with Agent, Manual Online Auction, “Package” Online Auction, “Buy It Now” Online Auction or Quotation Sale. Any references hereinafter to an Auction shall be deemed to mean an Online Auction with Agent, Manual Online Auction, “Package” Online Auction and Quotation Sale, unless otherwise provided for in these Terms and Conditions.

"Package" Online Auction - shall be understood as an Auction involving two or more Items that can only be purchased together. The bids submitted under the "Package” Online Auction refer to all of the Items included in the Auction. A Bidder may not place a bid for a portion of the Items included in the Auction. The "Package" Online Auction can be conducted as an Online Auction with Agent or as a Manual Auction.

“Buy It Now” Online Auction - shall be understood as an Auction in which the User may only make a bid to purchase an Item for the “Buy It Now” Price.

"Buy It Now" Price - shall be understood as the price listed on the page of a given Auction or a Quotation Sale that serves as an invitation to submit an offer to buy an Item for a predetermined amount. The Auction shall be immediately terminated upon the submission of such a bid. The Bidder that has offered to buy the Item for the “Buy It Now” Price is a winner, and if the bid is accepted, the Bidder may buy the Item. Any kind of Auction may include the option to make a bid for the “Buy It Now” Price.

Business Days - shall be understood as the days from Monday to Friday, excluding public holidays in Poland and days clearly indicated by the Organiser and communicated to the Users when the Organiser is out of office.

Business Hours - shall be understood as the hours between 9 a.m. and 5 p.m. on each Business Day.

Bid Acceptance Guarantee - for the Auctions bearing this symbol, the Owner guarantees that the bid shall be accepted if the minimum price is reached, except for situations in which the sale of the Item is not possible due to formal legal constraints.

Consumer - shall be understood as a natural person entering into a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity as defined by Article 22(1) of the Civil Code.

Online Auction with Agent - shall be understood as a type of Auction in which the Bidder may use the auction system to automatically increase the bid. Up to the maximum amount that the Bidder has proposed, the bid is increased by the minimum amount each time. This type of Auction is properly marked.

Manual Online Auction - shall be understood as a type of Auction that involves the Bidder placing a single bid each time by entering a given amount into the auction system. The submitted bid appears in the appropriate list. The Manual Auction does not involve the automatic bidding.

Multi-Auction – shall be understood as a Website feature that allows the User to bid on up to five Auctions simultaneously from a single browser window. Each bid placed through the Multi-Auction pertains to a separate Item or set of Items as well as a different Auction.

Bidder – shall be understood as a User that has made a bid to purchase a movable property (referred to as the “Item’”) through the Auction. A Bidder may be a natural person (as part of his or her business activity or as a Consumer), as well as a legal person or an organisational unit without legal personality, whereby entities that are not natural persons participate in the Auction through their representative.

External Auction Notice – shall be understood as a notice regarding an auction that takes place at other auction website, and for which Poleasingowe.pl Sp. z o.o. is not the organiser. In order to take part in the auction, the User must create an account on a given website and agree to the terms and conditions specified by its organiser.

Organiser - shall be understood as Poleasingowe.pl Sp. z o.o. with its registered office in Komorniki at ul. Lipowa 2, 55-300 Środa Śląska, registered with the District Court for Wrocław - Fabryczna in Wrocław, 9th Commercial Division of the National Court Register, under the KRS No [National Court Register Number]: 0000331675, Tax Identification Number: 8942976550, REGON: [National Business Registry Number]: 021014968, share capital of PLN 50,000, engaged in business operations, such as selling company-owned movable property or brokering the sale of movable property owned by third parties.

Website – shall be understood as www.poleasingowe.pl or its sub-domains through which the Organiser provides electronic services. The Website hosts online auctions in order to find a possible buyer for the movable property (Item). The buyer for the Item can only be selected through the Website.

Commission – shall be understood as a fee payable to the Organiser for organising and conducting the Auction and charged to the Bidder whose bid has been selected through the Auction. The Auction website contains information about the requirement to pay the Commission and the method it is calculated. The Commission calculator available on the Auction website allows the Bidder to calculate the exact amount of the Commission. The Commission must be paid by the Bidder in addition to the Item's purchase price.

Item – shall be understood as a movable property offered for sale through the Website, particularly cars and machines that have completed leasing, rental, fleet, or other agreements.

Entrepreneur - shall be understood as a natural person, a legal person or an organisational unit referred to in Article 33(1) § 1 of the Civil Code, operating a business. With regard to natural persons, an Entrepreneur is a person that has also made a statement to the Organiser that the activities conducted by him or her through the Website are directly related to his or her business activity and have a professional nature resulting in particular from the object of his or her business activity, regardless of the information made available under the provisions on the Central Register and Information on Economic Activity.

Terms and Conditions – shall be understood as these "Terms and Conditions of online auctions organised by Poleasingowe.pl Sp. z o.o. with its registered office in Komorniki”. These Terms and Conditions set forth the principles for the provision by Poleasingowe.pl Sp. z o.o. of electronic services through the Website, the conditions for entering into and terminating agreements for the provision of electronic services, the principles of organising and participating in Auctions, including the manner of purchasing movable properties offered on the Website, and the complaint handling procedure. The Terms and Conditions are provided to the Users free of charge through the Website in a format that allows them to be reproduced, downloaded, and saved (recorded).

Seller – shall be understood as the entity entering into the agreement of sale of the Item with the Bidder whose bid has been accepted through the Auction. The Seller can be both the Owner and the Organiser. The Auction website includes information about the Seller.

Quotation Sale – shall be understood as a form of selling an Item through the Website that involves sending price quotations for the Item by electronic means. With regard to the Quotation Sale, it is acceptable to place a bid that is lower than the minimum or asking price. All quotations (including the current highest offer) are restricted information. This type of sale is properly marked.

User - shall be understood as a natural person with full legal capacity who is an Entrepreneur or a Consumer, a legal person or an organisational unit without legal personality, acting through a duly authorised representative, registered on the Website, who received a login and password as a result of registration and gained access to electronic services provided through the Website according to the principles specified herein.

Owner – shall be understood as the entity that owns the movable property listed in the Auction. The Auction website may contain information about the Owner.

• All provisions of these Terms and Conditions must be accepted without reservation when creating an account on the Website.
• Each Bidder is required to read both the principles outlined herein and the separate terms and conditions of the Item's Owner before taking part in the Auction.
• Information on the Owner's separate terms and conditions shall be published each time on the Auction website.
• These Terms and Conditions shall apply to all Auctions conducted through the Website. If there is a discrepancy between these Terms and Conditions and the separate Owner's terms and conditions, this document shall take precedence as long as it does not contradict any of the Owner's provisions. In the reminder, the Owner’s terms and conditions shall apply.
• Through the Website, the User shall be notified of any changes to the Terms and Conditions, including through information sent to the User directly.
• Each User is required to read the amendments to the Terms and Conditions and to accept their new wording when making their first bid through the Website after the date on which the amendments come into force.
• The User may refuse to accept amendments to the Terms and Conditions. If the User refuses to accept the new Terms and Conditions, he or she may not make bids in the Auctions organised on the Website.
• The new Terms and Conditions shall apply to the User upon their acceptance.
• The provisions of the Terms and Conditions in their new wording shall apply to all of the Items whose Auctions began after the effective date of the new Terms and Conditions as specified by the Organiser. The provisions of the Terms and Conditions in their current wording shall apply to all of the Items whose Auctions began before the effective date of the Terms and Conditions in their new wording.

1. The registration on the Website is free of charge and requires submitting an electronic form with at least the following information about the registrant:
   • Name (First name and surname),
   • Place of residence / registered office,
   • Tax Identification Number,
   • Email address,
   • REGON No [National Court Register Number] (if any),
   • PESEL [Personal Identification Number] (if any).
2. The registrant chooses a unique username and a strong password during registration in accordance with the Website’s recommendations. The User-selected login cannot contain any language that infringes upon third-party rights or otherwise violates the rules of social conduct. If a User does not follow the aforementioned requirement, the Organiser has the right to block or refuse to activate his or her account. The User must update his or her password on a regular basis—at least once a month.
3. Additional authorisation by email, SMS code, or automatic transfer may be required for User registration and confirmation of User data. An SMS code shall be sent to the User's mobile phone number provided during registration. If an authorisation is obtained through a bank transfer, the money transferred shall be returned to the account within 5 Business Days from the date of the completion of the authorisation procedure.
4. If an account is created for a person operating a business, the person declares in the registration form that the activities performed through the Website are directly related to his or her business activity (i.e., as an entrepreneur as defined by Article 43(1) of the Civil Code) and are of a professional nature resulting, in particular from, the object of his or her business activity, regardless of the information made available under the provisions on the Central Register and Information on Economic Activity.
5. The Organiser reserves the right to refuse to activate the User's account if the registrant violates the Terms and Conditions, takes actions that have a negative impact on the Website operation, including those that interfere with its functionality or pose a threat to its security, or has reasonable doubts about the accuracy of the data contained in the registration form.
6. Upon the activation of the User's account, the Organiser and the User enter into an agreement for the provision of services by electronic means, the subject of which are the services rendered by the Organiser through the Website in accordance with the rules specified herein.
7. A single entity with a Tax Identification Number or PESEL [Personal Identification Number] may only hold one User account, whereas natural persons can register as both Entrepreneurs and Consumers.
8. It is forbidden for the Users and unregistered entities to use other Users' accounts. It is not permitted for the Users to give third parties access to their accounts. The Organiser may not be held liable for the consequences of disclosing account details to third parties. Any acts or omissions of persons granted access to the User's account are deemed to be acts or omissions of the User.
9. The Organiser reserves the right to ask the registrant for further documentation and information in order to implement appropriate security measures in connection with the fulfilment of obligations resulting from the Act of 1st March 2018 on the Prevention of Money Laundering and Terrorist Financing (Journal of Laws of 2018, item 723, as amended), or other regulations that demand that the Organiser, Owner, or Seller verify contractors.
10. The User may terminate the agreement for the provision of services by electronic means at any time by sending the Organiser a notice of termination by selecting the relevant option (using the "DELETE ACCOUNT" button located in the Bidder's panel on the Website). The agreement for the provision of services by electronic means shall be terminated immediately, but not earlier than the submitted bids to purchase Items have expired and the initiated purchase transactions have been completed. The cancellation of the account does not cause the User to withdraw his or her bid, nor does it release the User from any further obligations resulting from the use of the Website. The User-submitted Bids and winning Auctions shall be subject to the provisions outlined in these Terms and Conditions.
11. The Organiser reserves the right to block the User's account with immediate effect, if any of the following occurs:
    • the User’s violation of the provisions of these Terms and Conditions,
    • the User's action that impairs the functionality of the Website, such as interfering with it or endangering its security,
    • the Organiser’s reasonable doubts about the accuracy of the data provided in the registration form or any other documents submitted by the User,
    • disrupting the Auction's competitive process,
    • non-fulfilment of a bid made by the winning Bidder through the Auction,
    • the suspension or cessation of the User's business or the loss of an Entrepreneur status (for Users that are not Consumers),
    • inappropriate conduct by the User, such as making insulting or derogatory remarks about the Organiser’s or the Seller's employees.
12. The Organiser shall block the account by notifying the User of the reasons for such action.
13. A User whose account has been blocked is not allowed to take part in the subsequent Auctions.
14. If the User's account is blocked, the Organiser may unblock it if the consequences of the actions that caused the blocking are removed, or if the User declares that the infringements will not be repeated, and the User agrees to pay the Organiser a fee equal to:
    • the sum of all penalties charged to the User-Entrepreneur, for failing to fulfil his or her Item purchase Bids in accordance with Section 16 of the Terms and Conditions - in the event that the User's account is blocked due to non-fulfilment of his or her bids to purchase the Items.
    • the sum of all penalties charged to the User-Consumer, for failing to fulfil his or her Item purchase Bids - in the event that the User's account is blocked due to non-fulfilment of his or her bids to purchase the Items.
    • PLN 1,000 if the User's account is blocked for any other reasons.
15. The Organiser may refuse to unblock the User's account even if the User has paid the aforementioned fee.
16. The Organiser has the right to terminate the agreement for the provision of services by electronic means with 14 days' notice due to substantial reasons (inability to render the service, force majeure event or other unforeseeable causes beyond the Organiser's control, 12-month account blockage). The Organiser shall submit the notice of termination to the User by e-mail to the email address provided by the User in the registration form.
17. The User-Consumer has the right to withdraw from the agreement for the provision of services for the use of the Website concluded with the Organiser within 14 days of its conclusion (account authorisation), without giving any reason.
18. A similar procedure to that mentioned in section 4.10 above must be followed in order to exercise the right of withdrawal from the agreement for the provision of services by electronic means. The User loses the right to withdraw from the agreement by making a bid in the Auction. In addition, the User shall lose such entitlement if he or she has obligations towards the Organiser.
19. The Organiser must immediately acknowledge receipt of the notice of withdrawal from the agreement in a permanent data medium. In the case of withdrawal, the agreement is deemed not to have been concluded. Except for transaction data, all of the User's data kept in the account shall be deleted in the case of a withdrawal from the agreement. If the User wants to use the Website again, he or she must repeat the registration process.

• The movable property, which belongs to the Owners and for whom the Organiser provides movable property brokerage services, is taken from completed leasing, credit, or other agreements.
• The description of the Item is made available at the Auction website. The Auction notices do not constitute offers under Article 66 § 1 or Article 66(1) § 1 of the Civil Code, but rather invitations to bid the Item.
• The Auction notice must include information regarding the type and characteristics of the Item, the form of sale and the type of the Auction.
• The Auction website also contains the Owner's and the Seller’s details.
• The Auction notice is posted on vertical portals.
• Before the Auction starts, the Owner shall determine the Item's asking price. A minimum price for the Item may also be set by the Owner.
• The asking price is published on the Auction website. The price may be set using the Item's current market value, as calculated by the Organiser, the Owner, or an independent expert. In the absence of an expert appraisal, the Organiser or the Owner may also decide on the asking price at any amount.
• Except for the Quotation Sale, information is published on the Auction website once the minimum price (if any) has been reached. The Auction website does not provide information about the minimum price amount. The Bidder's reaching or exceeding the minimum price does not guarantee the conclusion of an agreement for the sale of the Item.
• In the event that the minimum price is not reached during the Auction, the Owner may also decide to sell the Item (accept the bid). The Bidder is also bound by his or her bid if the minimum price is not exceeded.
• The Item may be inspected by the parties interested in taking part in the Auction. The Auction website provides information about which auctions allow for a visual inspection (it shall only apply for Auctions for Entrepreneurs).
• The rules for inspecting the Items stored by the Organiser are governed by the “Guidelines for Using the Depository Yard of Poleasingowe.pl Sp. z o.o. with its registered office in Komorniki", the most recent version of which can be found at the depository yards managed by the Organiser. The operators of other deposit yards shall establish the guidelines for conducting visual inspections.
• The Organiser does not provide intermediary services for conducting inspections of the Items by third-party entities. The Organiser is not responsible for the quality and manner of provision of the above services. The providers of these services decide how they are rendered.
• The Organiser provides video inspection services under the terms and conditions set forth in the separate document available at this link.
• The Website displays Auction notices based on the Auction's closing date, arranged from the quickest to the latest. The Auctions ending simultaneously are not arranged in any particular order. When using the search engine, the Auction notices are arranged by default.
• The Website allows the Users to filter the Auction notices based on specified criteria (for instance, type, brand, price, etc.). If the filter is used, the Auction notices are displayed by default in the order specified in section 14.
• The Auction notices can be sorted through the Website based on a variety of criteria (for instance, starting price ascending, starting price descending, number of bids ascending, number of bids descending). When multiple Auction notices meet the same requirements based on a particular criterion, the Auction notices are displayed in default according to section 14.

• The Organiser or the Owner may make participation in the Auction conditional on payment of the bid security deposit amount specified in the Auction to the Organiser. The Auction website displays information on the amount of a bid security deposit and the bank account number to which the deposit should be paid.
• The User shall be able to participate in the Auction once the Organiser has credited the payment of a bid security deposit.
• The bid security deposit is interest-free.
• The bid security deposit made by the winning Bidder is credited towards either the Commission or the Item's sale price depending on the Organiser’s decision. Within 14 days of the Auction's conclusion, the bid security deposit shall be returned to the bank accounts used by the other Bidders to make their payment.
• If the Bidder-Entrepreneur does not pay the full purchase price of the Item or the Commission within the specified time limit, the Organiser has the right to keep the bid security deposit.

• The Auction may only be participated through the Website after registration in accordance with the provisions of Chapter 4 of the Terms and Conditions.
• Certain Auctions may only be attended by professional Bidders, or Entrepreneurs.
• By making a bid, the Bidder-Entrepreneur declares to the Organiser and the Owner that he or she accepts without reservation the Item's technical condition and legal status, the completeness of its equipment, as well as the condition and completeness of the documentation (including in cases where the appraiser's data does not match the actual condition of the Item).
• The User participates in the Auction by logging in to the Website with the e-mail address provided during registration and the password. The Auction is participated by making a bid to purchase the Item on the Auction website.
• Before the Auction, the User is required, at his or her own expense, to become familiar with the Item's current technical state, regardless of any published data, appraisals, or photos.
• Except for the Quotation Sale, bids submitted by the Bidders are open to the public. With the exception of the Quotation Sale, the Auction website displays the current highest bid.
• The highest bid during the Auction may be a gross or net amount, depending on the information included on the Auction website.
• The minimum bid increment is PLN 100.00. Except for the Quotation Sales, all submitted bids must exceed the highest bid that is displayed on the Auction website. Bids are not automatically raised with the exception of Online Auctions with Agent. The maximum bid increment is 50% of the asking price (except for the Quotation Sale).
• A bid is considered to have been submitted once it has reached the Organiser, or the Website. The speed and reliability of the Internet connection, as well as the User's hardware and software, are the main factors that determine when the Organiser receives the bid.
• The server time that applies to the Website determines when the bid and any other statements are made.
• The Bidder may also increase his or her own bid, even if it is already the highest bid in the Auction.
• In the event that the Bidder does not win the Auction, the bid remains legally binding on the Bidder from the moment of submission of the bid until the expiration of 15 Business Days following the conclusion of the Auction. Even if the Bidder has removed the account from the Website, the bid remains binding.
• If more than one bid for the same amount is made, the Auction shall be decided by the order in which the bids are made (the moment the Organiser received the bid), i.e., the bid that was made first shall win.
• The Organiser reserves the right to verify selected offers by email or telephone.
• The bid is rejected and the User account is blocked if a verified bid is not confirmed or if there is no phone contact with the Bidder (incorrect number, busy signal, or unreachable number). Within two hours, the Organiser calls the User twice and emails him or her to ask for the bid confirmation.

• Subject to the following conditions, the Auction expires at the conclusion of the time frame for which it was announced.
• The duration of the Auction is extended by thirty seconds if a new bid (raising) is made within thirty seconds of the previous valid highest bid. The Auction shall be extended until no Bidder has made a raise within thirty seconds of the last highest bid. The Auction may be extended by up to 30 minutes. The first extension shall occur no earlier than 30 seconds before the expiration of the period for which the Auction has been announced.
• The highest bid at the end of the Auction shall be the winning bid, or the bid to buy the Item at the “Buy It Now” price, if any. The Auction is terminated when a bid is made to buy an Item for the “Buy It Now” price, and the winning Bidder is the one who placed that bid.
• The Auction shall not be closed until a bid is accepted, of which the winning Bidder shall be informed through the Organiser in the manner specified in section 8.6 below. The Owner is not obliged to accept the bid of the Bidder that has made the highest bid or has offered to purchase the Item for the “Buy It Now” price.
• The winning of the Auction, or the acceptance of the bid, shall not be deemed to constitute the conclusion of an unconditional sale agreement.
• The Bidder shall receive information about the acceptance of the bid via email and on the profile within 14 Business Days of the auction completion, or sooner if the Seller specified such a requirement, after the Bidder satisfies the conditions outlined in Chapter 11. In the correspondence to the Bidder, the Organiser may specify a different date for the acceptance of the bid.
• If the Bid is not accepted within the period indicated above, the Bidder shall cease to be bound by the Bid.

• By joining an Auction and making a Bid, the User-Entrepreneur indicates that he or she accepts the identification details regarding the Item listed in the Auction, even if they differ from the information contained in the appraiser's valuation.
• The descriptions and documents published as part of the Auction are for information purposes only. The valuations, descriptions, expert opinions, photos, and other materials do not constitute a designation or technical description of the Item, including its technical condition, colour and shade, equipment, completeness, wear, or damage. They also cannot serve as the foundation for reconstruction of these circumstances.
• By making a bid, the Bidder-Entrepreneur declares to the Organiser and the Seller that he or she accepts without reservation the Item's technical condition and legal status, the completeness of its equipment, as well as the condition and completeness of the documentation.
• Any bids made by Entrepreneurs on the Website are offers as defined by Article 66 (1) § 1 of the Civil Code. By making a bid to buy an Item, the Bidder-Entrepreneur undertakes that he or she is willing to enter into a sale agreement with the Seller under the terms and conditions outlined in the bid, as well as in the Owner's separate rules and regulations.
• The Bidder-Entrepreneur is not permitted to withdraw a submitted bid.
• In the event that the current certificate of technical inspection of the Item is about to expire and there are less than thirty days (counting from the date of the completion of the Auction) until then, the Bidder-Entrepreneur wishing to use outside financing must independently and at his or her own cost confirm, prior to bidding, whether the Item's technical condition will allow him or her to obtain a certificate of the periodic technical inspection without the need for further repair work. The Organisers stipulates that the conclusion of a sale agreement using outside financing is contingent upon the Item's current certificate of technical inspection.
• The Organiser and the Seller shall not be held liable for failure to verify the circumstances referred to in section 9.6 above, including the inability to purchase the Item with outside financing.
• The acceptance of a bid made by the Bidder-Entrepreneur is a declaration of acceptance of the Bidder's offer to purchase the Item, subject to the condition precedent that the Bidder fulfils all supplementary requirements set forth by the Seller (provision of additional documents, completion of a written agreement, etc.) and pays the gross purchase price for the Item and the gross Commission within the time limit and in accordance with a manner specified in the relevant notice.
• Regardless of the amount and reason for the payment, the Organiser may deduct the Bidder-Entrepreneur's payments from any debt the Bidder may have towards the Organiser.

• The Bidder-Consumer that makes a bid to purchase an Item through the Website signifies his or her willingness to enter into a preliminary agreement with the Seller for the purchase of the Item under the terms and conditions specified in the offer, the Terms and Conditions and the Owner's separate rules and regulations.
• The Bidder-Consumer may, up until the Auction closes, ask the Organiser to withdraw his or her bid due to substantial reasons. The requests to withdraw a bid shall be made by email via info@poleasingowe.pl.pl and include justification.
• If the Bidder-Consumer is accepted the bid, the Seller and the Bidder-Consumer shall enter into a preliminary agreement for the sale of the Item, under the terms and conditions contained in the offer, as outlined in the Terms and Conditions and the separate Owner's rules and regulations. The object of the preliminary agreement is the obligation of the parties to conclude the promised sale agreement within the time limit indicated by the Seller and under the terms and conditions set forth in the preliminary agreement.
• The conclusion of the promised sale agreement shall take place within 7 days from the date of conclusion of the preliminary agreement (acceptance of a bid) or any other longer time limit indicated by the Seller, under the condition precedent of payment of the gross sales price of the Item and the gross Commission in full by the Bidder-Consumer within the time limit indicated by the Organiser and crediting the aforementioned funds to the accounts of the Seller and the Organiser, respectively, at the latest at the time of concluding the promised agreement (sales agreement).
• The Bidder's account is blocked and he or she loses the ability to make bids on the Website if the concluded preliminary agreement is not fulfilled within the time limit. Except in cases where the Bidder has withdrawn from the preliminary agreement, the Organiser may impose penalties on the Bidder-Consumer for breach of the concluded preliminary agreement in accordance with Chapter 16.
• The Bidder-Consumer has the right to withdraw from the preliminary sale agreement, subject to the cases specified in the Terms and Conditions, under the rules specified in this chapter, without giving reasons and without incurring costs, except for the costs indicated herein.
• The Bidder-Consumer has the right to withdraw from the preliminary agreement within 14 days. The time limit for withdrawal from the agreement shall run on the day the Bidder-Consumer enters into the preliminary sale agreement, i.e., upon receipt of the notice of acceptance of the bid. In the case of withdrawal from the agreement, the penalty set forth in Chapter 16 shall not be charged.
• It is possible to withdraw from the preliminary agreement by sending the Seller a notice of withdrawal. In order to meet the deadline, the notice must be sent before its expiration. The Bidder may submit a notice of withdrawal from the preliminary agreement by sending an e-mail to info@poleasingowe.pl. The Bidder may use the withdrawal form attached as Appendix No 2 to the Terms and Conditions.
• If the Bidder-Consumer has submitted a notice of withdrawal from the preliminary sales agreement before the bid has been accepted, the bid shall cease to be binding.
• The Seller must immediately acknowledge receipt of the notice of withdrawal from the agreement in a permanent data medium. In the case of withdrawal, the agreement is deemed not to have been concluded.
• In order to conclude the promised sale agreement before the expiry of the time limit for withdrawal from the preliminary agreement concluded remotely, the Bidder-Consumer shall submit to the Seller an explicit statement containing such a request and confirmation that he or she has acknowledged the loss of the right to withdraw from the preliminary agreement upon its full performance by the Seller (conclusion of the promised agreement).
• The right to withdraw from a preliminary agreement shall not be granted to a Bidder-Consumer with regard to agreements indicated in Article 38 of the Act of 30th May 2014 on Consumer Rights, including preliminary agreements, if the Seller has fully performed the obligation arising from that agreement (i.e., concluded a promised sale agreement) with the express consent of the User, who was informed before the performance of the obligation started, that after the Seller's performance, he or she shall lose the right to withdraw from the agreement.
• Except in cases where the Terms and Conditions state otherwise, the Seller shall reimburse the Bidder-Consumer for all payments made within 14 days of receiving the notice of withdrawal from the preliminary agreement.
• The reimbursement of payments shall be made in the same manner as the Bidder's payment, unless the Bidder expressly agrees to a different manner of reimbursement that incurs no costs to the Bidder.
• As a result of withdrawal from the preliminary agreement, the Seller must adjust any previously issued accounting documents regarding the transaction.
• As part of the transaction concerning the sale of an Item to the Bidder-Consumer:
  • The Organiser is responsible for coordinating the transaction and communication between the parties,
  • The Seller is responsible for issuing the sales documents, confirming the posting of funds, releasing the Item with the documents, handing over any sales documents to the Buyer.
• The Seller has the right to withdraw from the preliminary sale agreement within 14 days of receiving a notice of the acceptance of a bid (i.e., the date it is concluded).

• Within 48 hours of receiving a request, the Auction's winning Bidder may be obligated to provide the documentation and information needed to verify the compliance with various laws, including the Anti-Money Laundering and Countering the Financing of Terrorism Act of 1st March 2018 (Journal of Laws of 2018, item 723, as amended), the Seller’s “Know Your Customer” procedure and Anti-Money Laundering policies, and other Seller’s in-house requirements.
• The Bidder is notified that in addition to the requirement to submit documents, he or she also needs to pay the Commission within the time limit specified in the email. The deadline for payment is 1 Business Day, unless otherwise specified.
• The Bidder must pay the Commission before the documents are verified.
• Before the Seller accepts a bid, the Bidder must submit correctly completed documents and, if the Seller so requests, provide a positive verification in the scope outlined in section 11.1 above. Failure to provide correctly completed documents within the time limit indicated in section 11.1 above shall entitle the Seller to refuse to accept a bid.
• Failure to provide the documents and information referred to in section 11.1 within the time limit or failure to verify the Bidder due to non-payment of the Commission shall result in cancellation of the submitted bid, re-listing the Item in the Auction and entitle the Organiser to charge such Bidder with a penalty referred to in Chapter 16 of the Terms and Conditions or to retain the Commission (if paid).
• In the case of the Bidder's negative verification within the scope described in section 11.1, the Commission shall be returned to the Bidder.

• In addition to the information about the acceptance of a bid, the Bidder shall receive notification by email concerning the Item's Price, VAT amount, and any applicable Commission, including the payment deadlines (if the Bidder has not received the information about the Commission in compliance with Chapter 11 of the Terms and Conditions).
• The Bidders-Entrepreneurs have one Business Day to pay the Price and Commission, unless otherwise specified. For the Bidders-Consumers, payment of the Price and Commission must be made prior to the conclusion of the promised sale agreement, unless otherwise stated.
• In the email about the acceptance of the bid, as well as in the Bidder's panel available after logging into the Website, the Bidder is provided with the bank account numbers to which the Item's Price, including the VAT amount, and the Commission plus the VAT amount, if any, are to be paid.
• Before making the payment, the Bidder must verify the bank account numbers in publicly available lists of VAT registered, unregistered, deleted, and reinstated entities in the VAT register or other registers that allow verification of the accuracy of the Organiser and the Seller's bank accounts.
• The Bidder must confirm the accuracy of the bank account numbers indicated in the e-mail about the acceptance of a bid with the information posted on his or her account on the Website (the Bidder's panel tab).
• The Bidder-Entrepreneur that has been accepted a bid, must pay the Item’s Price and the Commission within the time limit indicated by the Organiser in the e-mail (conclusion of the unconditional sale agreement), to collect the Item at the date and place indicated by the Organiser and to conclude all additional documents required by the Seller (business relations questionnaire, PEP questionnaire, information requirements sheet, notice of termination of liability insurance and others).
• For the Bidder-Entrepreneur, an unconditional sale agreement shall be concluded either by the signing of a written agreement (if the Seller requires that a written agreement be concluded) or by the delivery of a VAT invoice to the Bidder (if the Seller does not require that a written agreement be concluded). The Seller may oblige the Bidder-Entrepreneur to confirm the conclusion of the sale agreement and its terms and conditions in writing.
• For the Bidder-Consumer, the promised sale agreement is concluded upon the signing of the written sale agreement.
• The requirement for the conclusion of the written sale agreement with the Bidder-Consumer is the full payment of the gross sales price of the Item and the Commission within the time limit specified by the Organiser, as well as the crediting of the aforementioned funds to the Seller's and the Organiser's bank accounts, respectively, at the time of concluding the promised sale agreement.
• The Bidder shall be deemed to have violated the terms of the submitted bid if he or she does not pay the full gross price of the Item or the Commission within the time limit specified by the Organiser. The Bidder's right to enter into a sale agreement is lost, and the Item is re-listed in the Auction.
• The Bidder's account is blocked and he or she may not make any bids on the Website if he or she does not fulfil the bid within the time limit specified by the Organiser. The Organiser may impose penalties on the Bidder in accordance with Chapter 16 if the Bidder fails to comply with the bid.
• If the Seller is entitled to issue VAT invoices, the Bidder shall receive a VAT invoice for the Item as soon as the sale agreement is concluded. If the Seller is not entitled to issue VAT invoices, the Bidder shall receive other document regarding the transaction (invoice margin, agreement, etc.).
• Upon the conclusion of the sale agreement, the ownership title to the Item shall be transferred to the Bidder. No sale agreement is concluded, if the Commission and the Item's Price are not paid.
• All burdens associated with the Item, as well as the risk of accidental loss or damage to the Item, including those associated with its storage, shall pass to the Bidder upon the conclusion of the agreement. As of the conclusion date of the sale agreement, the Organiser and the Seller shall not be held liable for unintentional loss or damage to the Item.
• The winning Bidder may use outside financing (leasing, credit, etc.) to conclude the agreement for the sale of the Item. Only a respectable financial institution approved by the Organiser may be the entity providing outside financing for the purchase of the Item. Any quasi-banks, lending institutions, and other entities whose actions cast doubt on their timeliness and dependability are excluded.
• The Bidders that wish to acquire the Item through outside financing must declare their intention no later than 24 hours after the bid has been accepted.
• The winning Bidder is obliged to pay the Commission to the Organiser also in the event that the financing institution is a party to the sale agreement. In order to proceed with the sale of the Item with outside financing, the Bidder must pay the Commission.
• The Seller must consent to completing the transaction with outside financing before the sale agreement can be concluded. The Bidder that wishes to use outside financing must submit additional documents related to the conclusion of the sale agreement using the outside financing specified by the Organiser.
• The Bidder is obliged to obtain outside financing within 14 Days from the date of the acceptance of the bid (i.e., at least a commitment letter from a financial institution or a signed agreement).
• When a transaction involves outside financing, the sales agreement is concluded when the financing institution pays the purchase price, including VAT.
• The issuing of documents as a condition for obtaining outside financing and registration the Item, if any, occurs after the financing institution sends the original order for the documents to the Organiser, including the Item’s financing agreement.
• The Commission shall not be reimbursed if the winning Bidder fails to obtain outside financing.
• In the case of failure to obtain outside financing within the time limit specified in section 12.19, the winning Bidder is obliged to purchase the Item from his or her own resources within 1 Business Day from:
  • the lapse of the 14-day time limit for obtaining outside financing referred to in section 12.19,
  or
  • the date of receipt of notification of refusal to receive outside funding (at least one institution).
• The Bidder loses the right to purchase the Item using outside financing if the Bidder fails to contact the Organiser (at least 2 attempts of the Organiser to contact the Bidder). In such a case, the Bidder is required to purchase the Item with his or her own funds under the terms specified in section 12.23.
• If the sale agreement is not concluded within the stipulated period, the Item shall be re-listed in the Auction.
• The agreement may be concluded in Polish or English (depending on the Bidder’s preference).
• The day the funds are credited to the Organiser's or the Seller's bank accounts shall be considered the date of payment of the Commission or the Item's Price.

• The other provisions of the Terms and Conditions shall apply to the Quotation Sale, subject to the following provisions.
• A notice of the Quotation Sale may include a minimum price, asking price, or recommended sale price, which do not constitute an offer under Article 66 § 1 or Article 66 (1) § 1 of the Civil Code.
• The Bidder may offer any amount at the Quotation Sale, including an offer that is less than the minimum price, the asking price or the recommended price.
• All the Users can see that an offer has been made on the Auction website, but the amount is not shown. The offers made during the Quotation Sale are displayed on the Auction website in the order in which they were received, not by amount.
• Following the Auction's closing date, the Organiser shall review each offer.
• The Owner reserves the right not to accept the highest offer or to continue negotiations with the selected Bidders.

• The Bidder shall be informed of the possibility of collecting the Item in an e-mail sent to the address indicated in the registration form.
• The Bidder may collect the Item at the location and time specified in the email. The place of collection shall, in principle, be the location of storage for the Item specified in the Auction.
• The Bidder and the Seller or their duly authorised representatives shall draw up a report of acceptance of the Item of the Auction, which constitutes Appendix No 1 to these Terms and Conditions or a report of acceptance used by the Seller.
• If an individual other than the Bidder collects the Item, or if the person collecting the item is not authorised to represent the Bidder individually based on the valid information in the National Court Register, then the Item may be collected upon presentation of the original written power of attorney in accordance with the template that constitutes Appendix No 4 to these Terms and Conditions. The Seller or entities acting on its behalf shall have the right to refuse to release the Item if a power of attorney does not cover the scope of authority specified in the template attached to the Terms and Conditions, or if only a copy of the power of attorney is presented. The Seller or the Organiser shall not be liable for any damage to the Bidder resulting from an attempt to collect the Item without the relevant power of attorney (including travel costs, labour costs, equipment rental, etc.).
• An individual that collects the Item is required to have a valid photo-bearing ID document. The Seller or entities acting on its behalf shall be entitled to verify the identity of the individual that collects the Item under an ID document.
• Upon the collection of the Item, the Bidder must complete and sign the necessary documents, models of which can be found under the TEMPLATE DOCUMENTS tab (depending on the Seller) or other documents indicated by the Organiser. The Bidder shall be notified of the need to complete such documents by the Organiser by e-mail. If the aforementioned documents are not completed, the Item shall not be released.
• In the case of a vehicle, the Seller or the Organiser shall receive the signed declaration of termination of the vehicle's third-party liability insurance contract from the winning Bidder or his or her duly authorised representative before the Item is released.
• If the sale transaction is conducted through the Organiser (i.e., the Organiser is a party to the sale agreement with the Bidder), the Organiser shall notify the insurer of the sale of the Item and terminate the insurance policy, whereas the vehicle insurance policy is valid for a maximum of 14 days from the date of the buyer's payment.
• Regardless of whether the notice referred to in sections 14.7 and 14.8 above has been submitted, the Bidder that has acquired the Item is required to immediately submit a separate notice of termination of the third-party liability insurance contract directly to the insurer to that contract. The Bidder that has acquired the Item shall be solely responsible for any negative effects of failing to provide such notice, including the insurance company's charge for the concluded insurance policy, and the Organiser shall not be held liable for the above.
• In order for the Item to be released, the winning Bidder must provide the original paperwork required for the Bidder's verification, in accordance with Chapter 11 of the Terms and Conditions, no later than the moment the Item is released.
• The exact date (date and time) for the Item collection must be booked in advance by notifying the Organiser or the entity that stores the Item via the contact details provided in the email regarding the collection of the Item. Following confirmation of the date and time of collection by the Organiser, the collection date and time are reserved.
• If an appointment time and date for the Item's collection are not scheduled in advance, the Seller or its representative may refuse to release the Item on that particular day or require the recipient to wait for its release.
• The Organiser does not allow viewing of the Items after the Auction has completed and before the winning Bidder pays the Price and the Commission.
• Neither the Organiser nor the Sellers provide services related to the preparation of the Items for release. In particular, the Organiser or the Sellers do not provide services related to the commissioning of the Items, their loading, or mechanical or bodywork repairs. The Bidders are required to perform the above actions on their own.
• The winning Bidder shall be responsible for covering all associated costs, including those related to loading, transporting, and releasing the Item from warehouse.
• If the Bidders-Entrepreneurs do not collect the Items within the time limit specified by the Organiser, the Bidder establishes a pledge in favour of the Organiser on the Item as a security for the claim for the Item's storage fee.
• The release of the Item is contingent upon payment of the full storage fee if the Organiser has charged the Bidder-Entrepreneur for failing to collect the Item within the indicated time frame. Until the Bidder-Entrepreneur has fully paid the storage fee, the Organiser reserves the right to withhold the release of the Item to the Bidder.

The Privacy Policy, which can be accessed by clicking this link, contains detailed information about how users' data is processed and their rights in connection with the processing of personal data.

1. The Organiser may charge the Bidder-Entrepreneur that has not complied with the bid to purchase the Item (conclusion of the sale agreement, submission of documents specified in Chapter 11), a penalty fee in the amount of 3% of the highest net price offered by the Bidder for the purchase of the Item, but not less than PLN 1,000, or in the amount of the bid security deposit paid, if provided for.
2. If the Bidder that purchased the Item fails to collect the Item within the time frame specified by the Organiser, the Organiser shall charge the bidding Entrepreneur a gross fee for the Item's storage:
   • PLN 30 for each day of delayed collection for cars and motorbikes,
   • PLN 50 for each day of delayed collection for trucks and tractor-trailers, trailers and semi-trailers, excavators, tractors, construction machinery and equipment and other machines and vehicles.
3. The Organiser is entitled to charge the fee referred to in section 16.2, if the Seller withdraws from the concluded agreement due to the Bidder-Entrepreneur's fault or if the sale agreement is terminated. In this case, the fee shall be charged up to the date of submission of the notice of withdrawal or the date of termination.
4. If the Bidder-Consumer fails to conclude the written promised sale agreement for the Item and does not comply with the preliminary agreement for the Item's purchase, the Organiser has the right to charge the Bidder-Consumer a penalty fee of PLN 300.
5. The Bidder-Consumer is entitled to charge the Organiser a contractual penalty of PLN 300 in the event that the promised sale agreement with the Bidder-Consumer is not concluded due to the Organiser's fault (except for the exercise of the contractual right of withdrawal).
6. Pursuant to the Act of 9th April 2010 on Access to Business Information and Exchange of Business Data (Journal of Laws of 2020, item 389), in the event that the Bidder fails to pay the fees referred to herein, the Organiser is entitled to provide details of the Bidder's debt to the appropriate business information bureau.

1. The Organiser is not liable for technical problems or limitations that are out of the Organiser's control, which occur in the User's computer equipment, end user’s device, data communication system, and telecommunication infrastructure and prevent the User from properly using the Website and the services provided by it. The Organiser is not liable for any delays or other irregularities in the use of the Website caused by the speed of the User's internet connection.
2. The User is exclusively responsible for ensuring technical compatibility between the computer equipment, end user’s device, data communication system or telecommunication infrastructure used to access the Website.
3. The Organiser shall not bear liability for:
   • the loss of data by the User due to hardware or computer system failure or other circumstances beyond the Organiser's control,
   • consequences of the User's use of the Website against the applicable law or the provisions of these Terms and Conditions,
   • the malfunction of the Website as a result of using browsers not recommended by the Organiser,
   • the data transmission speed and its corresponding limitations resulting from technological, technical, and infrastructure-related factors, among other factors.
4. The Organiser reserves the right, in a way that respects User rights, to suspend or terminate the Website's operation, especially for maintenance, overhaul, or technical base expansion purposes.
5. Unless otherwise specified in the Auction or the sales agreement, the Items listed on the Website are neither guaranteed nor subject to the Seller's warranty. The Bidder is required to independently confirm whether the Item is covered by the manufacturer's warranty in the event that such information is not provided.
6. By participating in the Auction, the User agrees to the Seller's exclusion of liability for any legal or physical defects in the Item (statutory warranty) in sale agreements in which the Bidder-Entrepreneur is a party.
7. The Seller shall not be liable to Bidders-Entrepreneurs for non-performance or improper performance of the agreement of sale of the Item. To the greatest extent possible, the Seller's liability for the sale of the Items to Bidders- Entrepreneurs shall be excluded or limited, including any liability in tort under Article 415 of the Civil Code.
8. The Bidders-Entrepreneurs that purchase the Items through outside financing in the form of leasing hereby waive to the Seller all rights regarding the Seller's liability for any legal or physical defects in the Items (statutory warranty) and any claims they may have against the Seller as beneficiaries under Article 709(1) of the Civil Code.
9. The provisions of these Terms and Conditions do not exclude or limit the rights of Users who are Consumers under the statutory warranty. With regard to Bidders-Consumers, the Seller shall be liable for the conformity of the goods with the sale agreement under the terms of the Consumer Rights Act of 30th May 2014. The liability applies to the non-conformity of the goods with the sales agreement existing at the time of their collection by the buyer and disclosed within two years from that time.
10. Subject to the mandatory provisions of law, the Organiser is not liable for the information published on the Auction website. The information is provided by the Owners of the Items and is verified by the Organiser.
11. The Organiser is not obliged to cover, either in full or in part, the costs incurred by the User in connection with participation in the Auction, conclusion of the agreement of sale of the Item or collection of the Item, in particular with arriving at the place of inspection of the Item, securing the transport or loading of the Item, subject to the mandatory provisions of law.
12. With the exception of the mandatory provisions of law, the Organiser disclaims all liability for damages (actual and lost profits) resulting from interruptions in the operation of the Website, disruptions, inability to log in, defects or deficiencies, delays in the operation of the Website or data transmission, computer viruses or other malfunctions of the Website.

• Any complaints regarding the operation of the Website or the services provided by the Organiser may be lodged in writing to the address of Poleasingowe.pl Sp. z o.o., Komorniki ul. Lipowa 2, 55-300 Środa Śląska or sent by email to the following email address: reklamacje@poleasingowe.pl.
• The Organiser is not entitled to receive statements of knowledge or will addressed to other Sellers.
• A complaint may be lodged in any format, such as on a complaint form, a template of which is attached as Appendix No 3 to these Terms and Conditions.
• A complaint should contain at least the following details: first name, surname and address of the claimant, details of the buyer and Seller of the Item, date of the agreement, auction number or registration number, email address. The claimant must specify what is being claimed and provide a description of the complaint.
• The power of attorney is required if the complaint is made by an individual that is not the Item's buyer, such as an employee, a member of the management board unauthorised to represent the buyer individually, or a family member. The power of attorney shall also be required if the aforementioned individuals take any additional actions within the scope of the complaint procedure.
• The Organiser shall not be held liable for the accuracy of the data entered on the complaint notification form.
• Once the Organiser has received the complaint, the User shall receive an email confirmation at the email address provided on the registration form. The email must contain a complaint number that should be provided when contacting the Organiser's employees in writing, by email or by phone.
• The complaint shall be handled within 14 days from the date of receipt of the complaint by the Organiser. The date of receipt of the complaint shall be indicated in the confirmation email.
• Unless otherwise stipulated by the Seller or the Organiser, lodging a complaint does not withhold the selling process of the Item in accordance with the Auction, nor does it release the winning Bidder from the obligation to pay the Item's Price and Commission and to collect it. The above provision shall not apply to the Bidders-Consumers.
• If the nature of the defect claimed makes it impossible to handle the complaint within the time limit specified in section 18.8, the User shall be notified of the anticipated time frame for handling the complaint.
• The complaint handling procedure does not imply repair of the Item, return of the price, changing the result of the Auction, or any other solution. It is only the Organiser's response to the User's complaint.
• The Bidders-Consumer have the option to bring any disputes arising from the signed agreement before the permanent business arbitration courts located at the Regional Inspector of Commercial Inspection in Wrocław. Information on how to access the aforementioned dispute resolution procedures can be found at the following address: http://www.uokik.gov.pl, under the "Consumer Dispute Resolution” tab.
• The Organiser does not agree to allow the Item to be left in one of the car parks to which the Organiser has legal title for the complaint handing period. If the Bidder violates the provisions of this section, the Organiser has the right to charge the Item storage fee at the rate specified in Chapter 16.

1. The Organiser is not entitled to receive any letters or statements of knowledge or will addressed to the Sellers.
2. The Bidder, including the Bidder that acquired the Item, does not obtain any rights (proprietary copyrights or license) to use the valuation, any portion thereof, or the photos that are attached to the Auction notice. The proprietary copyrights and the right to grant a license for the use of the materials mentioned above shall belong only to the Organiser or the Owner. In the event that the provisions of these Terms and Conditions are violated, the Owner's or the Organiser's legal rights shall be asserted.
3. Any disputes between the Seller and the Bidder-Consumer shall be resolved by the competent court in accordance with the Code of Civil Procedure.
4. The court competent to resolve disputes arising between the Seller or the Organiser and the Bidder-Entrepreneur shall be the common court having jurisdiction over the registered office of the Seller or the Organiser, respectively.
5. The current version of the Terms and Conditions is available on the Website on the "Terms and Conditions" subpage. Upon registration, the User shall receive an electronic copy of the Terms and Conditions for free.
6. In the case of any questions or doubts, please contact us by phone or email on Business Days between 9.00 a.m. and 5.00 p.m.: email address: info@poleasingowe.pl.pl, phone number: (71) 715 60 17
7. The following Appendices are an integral part of these Terms and Conditions:
   • Appendix No 1 Model report for the Auction Item's collection
   • Appendix No 2 Notice of termination of the agreement
   • Appendix No 3 Complaint notification form
   • Appendix No 4 Model power of attorney