I GENERAL PROVISIONS
Article 1. DEFINITIONS
The terms used in the Terms and Conditions mean:
CLK Sp. z o.o.
CLK Sp. z o.o.,with its registered office in Poland, 63-000 Środa Wlkp., ul. 20 Października 14, National Court Register No. 0000474730
An on-line trading platform run by CLK Sp. z o.o., of an open nature, through which Transactions are organized and other related services rendered, maintained by CLK Sp. z o.o. in the domain: rubbermarket.com
Standardized natural rubber which may be an object of a Transaction, according to the Terms and Conditions
An entity who has gained access to services provided by CLK Sp. z o.o. in the frame of Rubbermarket on the rules set forth in the Terms and Conditions
A User Offering to sell the Goods via Rubbermarket irrespective of a type of Transaction
A User taking action to buy, or buying the Goods via Rubbermarket irrespective of a type of Transaction
Procedures of matching Users of Transactions and giving an opportunity to conclude of a Goods purchase - sale contract, set out in Art. 3 of the Terms and Conditions: "Types of Transactions". A Transaction constitutes the conclusion of a contract, however RUBBERMARKET is not a party to that contract. On confirming a Transaction (price) by one of parties, the conclusion of the Transaction is reached. Parties receive information by e-mail about the conclusion of the same and a specimen purchase/sale contract for use
An Account kept for a User by CLK Sp. z o.o. under a unique name (login), being the collection of resources in which the User data and information on his/her activities in RUBBERMARKET are gathered
The Account creating procedure
THE TERMS AND CONDITIONS
These Terms and Conditions of Rubbermarket
Article 2. TERMS AND CONDITIONS OF PARTICIPATION IN RUBBERMARKET
The services are provided to legal persons and organizational units without legal personality but which may acquire rights and contract obligations in their own name, as well as natural persons who are over 18 years old and possess full capacity to enter into legal Transactions.
For proper operation of the Rubbermarket site it is recommended to use Mozilla Firefox browser, version 29 or later. If you are using an older version of Mozilla Firefox or other browsers, certain functionalities of Rubbermarket platform may be restricted.
The Registration of a natural person taking advantage of Rubbermarket in connection with his/her economic activity, a legal person and organizational unit referred to in Art. 2.1., and also all follow-up actions of these entities in the frame of Rubbermarket, may be made by an individual who is authorised to perform all acts connected with Registration in this entity’s name and to exercise and discharge all the User’s rights and duties. For the purpose of the Registration this individual should fill in the Registration form posted on Rubbermarket; give the full name (of the firm) of the registered entity, address of this entity’s legal office, including name of country, give the tax Registration number, his/her name and surname, e-mail address, contact telephone number, the time zone in which the given User is registered. Then enclose a scan of documents confirming the corporate account details, tax registration number and documents confirming authority to represent. For statistical purposes, also additional information on the size of the firm (number of employees and revenue in the last calendar year).
After the registration form is filled in and the veracity of data is confirmed, the information confirming the Registration will be sent to the e-mail address given in the form, together with a link to the system login page.
Within 10 days from the Registration mentioned in Art. 2.4. a User may withdraw therefrom without giving any reasons by submitting a relevant statement in electronic form or in writing (to meet the deadline, you must just send the letter before the deadline has passed). The User shall not have the right of withdrawal if he/she performed any activity in Rubbermarket, besides the Registration itself, in particular: he/she made an Offer through Rubbermarket, or put up the Goods for sale.
CLK Sp. z o.o. may make the Registration or the use of Rubbermarket by a User subject to the User’s giving credibility to his/her data listed in Art. 2.3.. As far as Corporate Accounts are concerned, if copies of documents confirming data contained in an Account are not attached by a User during the Registration or in case of their negative verification by CLK Sp. z o.o., no Transactions may be conducted via Rubbermarket on a User Account until the documents are sent.
On registering by a User on the Rubbermarket platform, an individual User Account assigned to the name (login) is created. After logging into the Rubbermarket platform a User may browse Auctions, configure his/her Account until the correctness and Registration of documents attached during the Registration is approved. After approval of the documents the platform administrator shall make available to a User the use of the Rubbermarket platform in the option of Purchase i.e. submitting an Enquiry for the Goods and buying the Goods.
In order to gain access to the Sale option, a User must accept the additional terms and conditions of provision of services by CLK Sp. z o.o., posted on the Rubbermarket platform, during the configuration and the posting of the first Offer for sale of Goods.
An Account contains data given by a User during the Registration. In case of any later change in any of these data a User should update them immediately, using an appropriate form available on the relevant Rubbermarket page. Deletion by a User of the data mentioned in Art. 2.3. when using Rubbermarket services, as well as giving incomplete or false information is forbidden. After completing the full Registration a User is not able to change the Account name (login) assumed during the Registration process. To each Account a different e-mail address must be assigned.
A User may have more than one Account, he/she, however, may not use them to perform any activities being in breach of the provisions of the Terms and Conditions. The following activities, in particular, are inadmissible:
a. participation in an Auction as part of one Transaction using more than one Account,
b. making Offers in one’s own Transactions, Transactions of close persons or persons residing together or in Transactions of other persons with whom the Offerer has relations raising justified doubts that parties act in agreement, or making Offers in Transactions by related entities which are aimed at affecting the outcome of the Transaction in a way contrary to the law or good manners,
c. reregistering to avoid payment of fees and commissions owed for previous activities on Rubbermarket,
d. using Accounts to dishonestly force up or down prices of the Offered Goods during an Auction.
A User must not use Accounts of other Users or make his/her own Account available to other persons, with the exception of the cases of:
a. an Account being made available to persons duly authorised by a User to act in his/her name,
b. a User who made an Account available under terms specified above is liable for all activities undertaken as part of Rubbermarket,
c. a User should keep an Account password secret. Accounts are non-transferable; they can nonetheless pass to other businessman in case of transfer of the enterprise or its organized part.
CLK Sp. z o.o. reserves the right to temporarily block an Account or access to selected services rendered via Rubbermarket in case when a safe use of the Account is found to be endangered. CLK Sp. o.o. may make further use of an Account by a User conditional on a change of the Account access password. After changing the password a User will regain access to the Account promptly.
Any use of an Account to cause detriment to other Users of Rubbermarket is forbidden.
Article 3. TYPES OF TRANSACTIONS
CLK Sp. z o.o., as the Rubbermarket operator, enables Users to conclude Goods sale contracts on terms and conditions set out in the Terms and Conditions and makes appropriate system tools available to Users. CLK Sp. z o.o. is not a party to contracts concluded by and between Users and does not warrant that a Seller and Buyer will execute a Goods sale - purchase contract entered into between them.
The following types of Transactions may be initiated via Rubbermarket:
a. a Transaction as part of which a Seller, by listing the Goods for sale, invites bids in order to enter into a contract with the User who has Offered the most attractive terms of sale,
b. a Transaction as part of which a Buyer, by posting an Enquiry for the Goods, invites tenders in order to enter into a contract with the User who has Offered the most attractive terms of sale.
Prices and other terms of a Transaction Offered by Users are non-confidential information, accessible to all registered Users visiting Rubbermarket, except for information contained in individual negotiation between a Buyer and Seller conducted on the Rubbermarket platform and information on final prices and quantities of concluded Transactions of a Buyer and Seller.
Article 4. BANNED GOODS
The Rubbermarket platform is a dedicated tool allowing Users to carry out Transactions of purchase/sale of Natural Rubber only. Sellers undertake not to list on the platform Goods the trading in which infringes provisions of law in force or rights of third persons (particularly copyrights and other intellectual property rights), and, furthermore, listing of which may be considered as violating public morals.
Article 5. LISTING THE GOODS
In order to list Goods, a Seller, after logging into the Rubbermarket platform, in the Sell/Make an Auction option fills in a form configuring Goods for sale, in particular: grade, country of origin, packaging, place of delivery, terms of payment, readiness of Goods for shipment, quantity and unit price. For the purpose of better verification of the Goods by a Buyer, a Seller may additionally fill in the space provided for quality parameters of the Goods listed. Obligatory fields are marked with an asterisk.
After the content of description of listed Goods is confirmed by a Seller, the information is made available in Offers posted on the Rubbermarket platform, and from that moment on a Seller is bound by the content of the description of Goods, which should be regarded as a binding Offer within the meaning of the law regulations.
By listing Goods a Seller declares that trading in the Goods listed does not violate provisions of law in force or rights of third persons and, moreover, that he/she is entitled to conclude and execute a contract for the purpose of conclusion of which a Transaction has been initiated.
The description of Goods should be reliable and complete and may not misinform other Users, particularly in respect of attributes of the Goods such as: their quality, available quantity, grade and origin. The description of Goods should be in compliance with legal requirements. A User is fully responsible for contents put by himself/herself in the description of a Transaction, including for any errors or inaccuracies of such description.
The information contained in the description in an Offer may concern only the subject of the given Offer.
A Seller is bound by the contents of the description contained in an Offer. Any changes in the content contained in an Offer posted, and particularly of value, quantity and quality, which a Seller would like to make after posting the Offer, require the platform Administrator’s consent. Withdrawal of an Offer for sale of the Goods posted on the platform requires the platform Administrator’s consent.
A Seller is obliged to state a place of delivery, time of readiness to pick up the Goods, as well as a form of payment for the Goods using the choice option available on Rubbermarket, and in accordance with provisions of law in force.
Listing the Goods a Seller agrees to publication for promotional purposes on Rubbermarket or other websites run by CLK Sp. z o.o. and its partners.
After logging into the platform and configuring a purchase Account a Buyer makes an Enquiry for the Goods. In order to do that a Buyer should fill in the form in the Purchase/Make an Enquiry tab on the Rubbermarket platform.
After a Buyer has confirmed the contents and description of Enquiry for Goods, the Enquiry is made available on Rubbermarket and from that moment on a Buyer is bound by the content of the description of Enquiry, which should be regarded as a binding Offer within the meaning of the law regulations.
The description of Goods should be reliable and complete and may not misinform other Users, particularly in respect of attributes of the Goods such as: grade and quantity. The description of Goods should be in compliance with legal requirements. A User is fully responsible for content put by himself/herself in the description of the Goods, including for any errors or inaccuracies of such description.
Making an Enquiry, a Buyer agrees to publication for promotional purposes on Rubbermarket or other websites run by CLK Sp. z o.o. and its partners.
Article 6. COURSE OF DEALING
A User participates in a Transaction by making an Offer to buy in response to an Offer to sell posted by a Seller or by making an Offer to sell in response to an Offer to buy (Enquiry) posted by a Buyer.
Starting a Transaction, a User Offers the price he/she is ready to pay for the listed Goods and quantity he/she is ready to buy. A Seller may stipulate that the posted Offer for sale is not subject to negotiation and is final. The system transmits the information to a Seller/Buyer automatically. A submitted Offer to sell/buy is valid for the period of 30 min and requires confirmation or submission of a counteroffer on the part of a Seller/Buyer within this time. After 30 minutes an Offer made by any of the parties and remaining unanswered expires.
In Transactions a Buyer makes an Offer by indicating the price which he/she is ready to pay for a unit of the Goods and simultaneously indicates how many units of the Goods he/she is ready to buy for such a price. When a Transaction is in progress:
a. a Buyer underbids and proposes quantities which he/she is ready to buy,
b. a Buyer accepts an Offered price and indicates quantities which he/she is ready to buy,
c. a Seller Offers a higher price and proposes quantities which he/she is ready to sell,
d. a Seller accepts an Offered price and indicates quantities which he/she is ready to sell.
If during a Transaction the sum of Offers made by a Buyer is equivalent to the sum of quantities of the Goods listed for sale, the system makes it impossible to make another Offer until acceptance, rejection or expiration of one of the Offers made.
A Transaction shall be deemed to be concluded when one of the parties (Seller or Buyer) accepts conditions Offered by the other party to the Transaction.
Upon conclusion of a sale/purchase Transaction a User agrees to transfer to the Seller/Buyer of the information including the following data contained in his/her Account: name, name and surname, address, e-mail address, telephone number.
An Offer made by a Buyer/Seller whose Account is blocked prior to closing a Transaction is not taken into Account when the outcome of the Transaction is established. The information about the Account being blocked can be seen on the page of this Transaction.
A Transaction shall end:
a. after a Buyer’s/Seller’s acceptance of presented purchase/sale conditions during an Auction,
b. after the lapse of the time of validity of the Transaction.
For the whole length of a Transaction, and during its Auction, Buyers and Sellers are anonymous to one another.
The procedure to be applied in the event of planned technical interruptions and technical failures, in particular their influence on Transactions in progress, is set forth in Appendix No. 1 to the Terms and Conditions.
Article 7. CONCLUSION OF A PURCHASE/SALE CONTRACT
At the moment of acceptance by either party to a Transaction (a Buyer or Seller) of conditions proposed by the other party the purchase/sale Transaction is approved.
Immediately after approval of a Transaction the system automatically sends to an e-mail address of a Buyer and a Seller the information and approval of the concluded Transaction, simultaneously transmitting the data of both parties to the Transaction: name, address, name and surname, and sums up the Transaction notifying both parties of the quantity, price and conditions of the concluded Transaction.
In the My transactions tab a proposal of a purchase/sale contract between both parties is generated (Appendix No. 2). This specimen contract can be downloaded and it may, but not necessarily, be used by parties to the Transaction; Parties to the Transaction may propose their own proposal of a contract after the end of a Transaction. Both Seller and Buyer can download the proposal of the contract in the Sale/Purchase, My transactions tab.
If validity of a contract depends on fulfilment of special requirements provided for by the provisions of law, e.g. conclusion of a contract requires written form or other special form, both Buyer and Seller, after approval of a Transaction, may assert the conclusion of that contract.
Under concluded contracts Sellers commit themselves to respect consumer rights and fair trade rules, particularly those regarding a possibility to return the Goods and make complaints related with nonconformity of Goods with a contract.
Article 8. RUBBERMARKET’S ROLE
CLK Sp. z o.o. is not liable for behaviour of Users in connection with Rubbermarket, nor for improper fulfilment or non- fulfilment by them of contracts entered into as part of Transactions, and is not liable for consequences of activities undertaken by Users and third persons in breach of the provisions of the Terms and Conditions. CLK Sp. z o.o. is not liable particularly for quality, safety or legality of Goods sold as part of Transactions, genuineness and fairness of information given by Users, Sellers’ capacity to sell them and solvency of Users placing bids. CLK Sp. z o.o. bears no responsibility for its non-performance or improper performance.
CLK Sp. z o.o. shall not check Goods Offered on the platform, however it reserves the right to change a category of Goods or edit incorrectly set parameters describing basic properties of the Goods or remove a Transaction, and it shall inform a Seller and Buyer of such instances. CLK Sp. z o.o. may change neither the price nor the quantity of Goods listed.
CLK Sp. z o.o. may remove a Transaction or end a Transaction ahead of time in case activities related to the Transaction violate the provisions of the Terms and Conditions or the provisions of law in force or affect Rubbermarket’s good name adversely. As a consequence of removal of a Transaction the information concerning that Transaction (particularly the content contained on a Transaction page) ceases to be available on Rubbermarket, further activities under this Transaction are impossible, and all previous activities of Buyers/Sellers have no effect.
In the event a User’s actions infringe the provisions of the Terms and Conditions, negatively affect Rubbermarket reputation, or otherwise are detrimental to Rubbermarket, or, if - in reasonable cases - the Account or activity of the User connected with Rubbermarket requires additional verification of data referred to in Art. 2.2. or 2.3., CLK Sp. z o.o. may:
a. limit for a definite or indefinite time the functionality of a User Account with respect to access to particular services provided through Rubbermarket (Inactive Account) or the entire services (Blocked Account),
b. make the use of Rubbermarket conditional on confirmation by a User of his/her credibility by giving some other proof.
Regardless of limitation on an Account, a User bears full liability for his/her activities on grounds of which an Account is limited, particularly full liability for damages towards CLK Sp. z o.o. and other entities whose rights he/she has infringed.
The restriction of functionality of a User Account is done by switching the Account to Inactive or Blocked state.
Each time a User will be informed by the system that such a situation has arisen.
In case of limitation on access to an Account through switch to the Inactive Account mode, a User only retains access to his/her Account and has access to functions allowing him/her to pay amounts owing to CLK Sp. o. o. and finalize contracts concluded before the limitation has been imposed on the Account, but he/she may take advantage of no other services provided by CLK Sp. z o.o. via Rubbermarket. With the limitation on an Account all Transactions in which a User has listed Goods or is negotiating purchase/sale may be finished off and the outcome of a Transaction which a User took part in at the moment the Account was limited is determined in pursuance of Art. 6.7..
In case of limitation on access to an Account by blocking the Account, a User has no access to his/her Account.
If an Account a User used is restricted by the platform Administrator, during this time the User cannot reregister the Account nor use another Account without prior consent from CLK Sp. z o.o.. CLK Sp. z o.o. may refuse a User reregistration and use of an Account also if any Account whatsoever which the User used was being limited in terms of its function in the past.
Rubbermarket shall restore full rights to an Account to a User, within 7 days of cessation of reasons for restricting the Account.
In case a User has restricted or blocked access to an Account and reasons for restricting or blocking have not ceased, Rubbermarket reserves the right to remove the User after a lapse of 180 days from restricting or blocking the access.
Article 9. FEES AND COMMISSIONS
Services rendered by CLK Sp. z o.o. through Rubbermarket are free of charge for Buyers. All fees and commissions shall be charged from a Seller. The level of charges for individual services and charging rules are specified in Appendix No. 3 to the Terms and Conditions.
Sellers may make Transactions after accepting the conditions of Levels of charges for individual services set forth in Appendix No. 3. to the Terms and Conditions, when configuring a sale Account.
Article 10. OTHER OBLIGATIONS OF USERS
Any actions taken by a User as part of Rubbermarket should be in accordance with the applicable provisions of law and public morals.
Seller under the concluded contract agree to respect the consumer rights and the principles of fair competition, in particular those regarding the possibility of returning the goods and complaints related to non-conformity.
Both the Buyer and the Seller by concluding the contract agree to the conditions set out in these Terms and Conditions and commit to carry out the agreements in a fair and honest way.
Users should back up, for themselves, on a durable medium, details of contracts concluded via Rubbermarket .
All materials, including graphic elements, arrangement and composition of these elements (the so-called layout), trademarks and other information available on Rubbermarket form the subject of exclusive rights of CLK Sp. z o.o. or Users of the Site. The indicated elements are covered by financial copyrights, industrial property rights, including trademark Registration rights and rights to databases and as such they enjoy the statutory legal protection.
To download or use to any extent whatsoever the materials available as part of the Rubbermarket Service, consent from CLK Sp. z o.o. is required each time and this downloading or using may not contravene the provisions of the Terms and Conditions of the Site and generally binding provisions of law, nor may it contravene interests of CLK Sp. z o.o. and Users of the Site. Any aggregating and processing data and other information accessible on the Rubbermarket Site to make them further available to third persons in the frame of other websites and outside the Internet is prohibited. Using labels of the Rubbermarket Service, including specific graphic elements, in connection with your own websites providing services is also prohibited.
Article 11. PERSONAL DATA PROCESSING
A User consents to CLK Sp. z o.o. processing his/her personal data given during the Registration process and the use of portals for purposes of correct operation of the portal and for marketing purposes of CLK Sp. z o.o..
The personal data administrator within the meaning of the Act of 29 August 1997 on protection of personal data (i.e. Dz. U. of 2002 No. 101 item 926, hereinafter referred to as the „Act”) is the company under the business name CLK Sp. z o.o..
III FINAL PROVISIONS
Article 12. PRIVACY AND CONFIDENTIALITY
All the data given by Rubber Market Users concerning represented entities CLK Sp. z o.o. collects in accordance with applicable laws and process solely for rubbermarket.com platform business purposes.
Personal data of Users are disclosed to other Users only in cases provided for in the Terms and Conditions and in other reasonable cases, with prior consent of the person concerned.
A User is obliged not to disclose to third persons any information concerning other Users, which he/she received from CLK Sp. z o.o. in connection with the use of Rubbermarket, unless he/she obtained, in advance, pertinent consent from the User whom the information relates to. A User may use the information received from CLK Sp. z o.o. exclusively for purposes connected with the conducting of a Transaction and the execution of contracts entered into as a result of the Transaction.
Finished Transactions shall be archived in the Administration tab in a User Account. CLK Sp. z o.o. shall not ensure, nor shall it guarantee full and comprehensive public disclosure of finished Transaction information; this information made available to the public is not complete.
Article 13. MODIFICATIONS TO THE TERMS AND CONDITIONS
CLK Sp. z o.o. may modify the Terms and Conditions and start a new version of services provided through Rubbermarket. The modification shall become effective within the time limit indicated by CLK Sp. z o.o., which may not be shorter than 7 days from the moment of the modified Terms and Conditions having been made available in Rubbermarket, on the stipulation that Transactions that have been begun prior to the modifications having become effective are held according to the previous Terms and Conditions.
The first time a User is logging into Rubbermarket counting from the moment the modifications have come into force he/she is notified of such changes and a possibility to accept them. The automatic renewal of a Transaction ordered by a User, even if it happens without logging on in Rubbermarket, is also considered as acceptance of modifications. The refusal to accept modifications is tantamount to termination of an agreement with CLK Sp. z o.o. with effect specified in Art. 14.1..
ARTICLE 14. TERMINATION OF THE AGREEMENT
A User may terminate the agreement (concerning a specific Account) with CLK Sp. z o.o. at any time by sending via e-mail a scan of notice and the original to the e-mail address contact@Rubbermarket.com with details of a firm, reason for termination and a signature of a person authorised to represent the firm. Subject to the condition specified in Art. 14.4., the agreement is terminated with immediate effect at confirmation of the data, on the stipulation that:
a. a User participates in Transactions commenced prior to termination of the agreement according to the terms effective at the time they are commenced,
b. a User may view an Account and has access only to functions allowing him/her to pay amounts owing to CLK Sp. o. o. and finalize contracts entered into as a result of a Transaction.
For important reasons the agreement may be terminated by CLK Sp. z o.o. with a seven days’ notice period, subject to the stipulations mentioned in Art. 14.1..
If the agreement has been terminated on the basis of a decision of CLK Sp. z o.o., a User may not register in Rubbermarket again without prior consent from CLK Sp. z o.o..
Termination by a User of the agreement (concerning a specific Account) with CLK Sp. z o.o. shall take effect at the earliest after a lapse of 7 days of the closing of the last Transaction in which the User participated using the given Account, or 7 days after notice of termination is received respectively. After furnishing notice of termination a User may not initiate new Transactions.
Article 15. COMPLAINTS PROCEDURE
A User may make a complaint if services provided for herein are not rendered by CLK Sp. z o.o. or if they are rendered inconsistently with the provisions of the Terms and Conditions.
A complaint can be made in electronic or written form. A complaint should contain a business name and address details, description of reservations made and an authorised signature.
Should the data or information given in the claim require supplementing, CLK Sp. z o.o. shall, prior to investigating the claim, address a claimant to complement the claim where required.
CLK Sp. z o.o. shall examine a complaint within 90 days of the date of receipt thereof in the proper form, subject to the provision that CLK Sp. z o.o. may refuse to consider complaints filed after the expiry of 14 days from the onset of the causes of a complaint.
An answer to a claim shall be sent solely to the e-mail address attached at the User’s Account. Where specifically justified, CLK Sp. z o.o may send the answer to another e-mail address, not attached at the User’s Account, as indicated by the claimant, or in writing.
Article 16. GOVERNING LAW AND DISPUTES
The agreement between a User and CLK Sp. z o.o., on ground of which CLK Sp. z o.o. provides services covered by Rubbermarket on the rules contained in the Terms and Conditions, shall be governed by Polish law. All disputes related to services rendered by CLK Sp. z o.o. using Rubbermarket shall be resolved by competent Polish common courts of law having territorial jurisdiction over the seat of CLK Sp. z o.o..
Appendix No. 1.
1. CLK Sp. z o.o. makes every effort to ensure the proper and uninterrupted operation of Rubbermarket. In a complex computerised system such as Rubbermarket technical failures and errors caused by troubles with hardware or software may occur. In every case the operator of Rubbermarket will try as much as possible to limit any negative effects of technical problems that have occurred.
2. Precise information about all technical interruptions, failures and errors shall be put on the Rubbermarket website.
3. In order to develop the service and minimise the risk of bringing the system down, periodical technical interruptions, during which appropriate changes are introduced to the IT system, are necessary. CLK Sp. z o.o. shall ensure that technical interruptions are not troublesome to Users.
4. Technical failure is deemed to happen in a situation where the vast majority of or all Users lost their ability to take advantage of the essential features of Rubbermarket connected with organization of Transactions, in particular if they could not log in, list the Goods or make an Offer. Regardless of length of technical failure, if due to technical reasons any of the Transactions could not be lengthened and it ended during the failure, then fees and commissions applicable to this Transaction are not charged.
5. Any technical problem relating to the functioning of Rubbermarket other than the failure indicated in paragraph 4 above shall be recognized as a technical error.
6. CLK Sp. z o.o.’s liability for any damage in the form of Users’ lost benefits for which technical interruption, failure or technical error not attributable to CLK Sp. z o.o. would be the grounds is excluded.
Appendix No. 2.
Place and Date /………………..
1. Subject of the Contract
The subject of the Contract is that the Seller shall sell and the Buyer shall buy ………………….(name of goods) whose quality and quantity are stated in the specifications (in accordance with approved offer No……… of ………. ) which are an integral part of the present contract.
2. Price, Value of the Contract and Terms of Payment (resulting from a transaction on the platform)
2.1. Price: …………… USD/(unit, resulting from the transaction entered info)
2.2. Quantity: …………………… (tons, pallets, blocks, containers – resulting from the data contained on the platform)
2.3. Packaging: ………………………….. (resulting from the transaction entered info)
2.4. Value: ………………….. (resulting from the transaction entered info)
2.5. Terms of payment: …………………. (resulting from the transaction entered info)
2.6. Bank charges arising from this contract shall be shared between the parties hereto.
3. Conditions and Term of Delivery
3.1. Delivery conditions according to INCOTERMS 2010 : …………………… (resulting from the transaction entered info)
3.2. Place of delivery: ………………….. (resulting from the transaction entered info)
3.3. Delivery within: …………………. (resulting from the transaction entered info)
3.4. Required documents:
- an invoice,
- a CMR or other transport document,
- a certificate of quality, a certificate of origin of the goods,
- loading specification.
4. Acceptance of the Goods, Complaints
4.1. The Seller guarantees that the goods and their packaging meet all the agreed specifications and requirements.
4.2. In case of defective delivery the Buyer may demand, at his choice: replacement of defective goods with goods free from defects, free additional delivery of a quantity of Goods that is lacking or adequate reduction in the price of defective goods. In all the cases the Seller shall bear all the costs connected with enforcement of claims by the Buyer and with costs incurred by himself.
4.3. The Seller shall consider lodged complaints within 30 days from receipt thereof, advising the Buyer in writing of the manner of examination of the same.
4.4. Unless the parties agree otherwise, claims arising from a defect come under a 36-month statute of limitations counting from the date of delivery to the Buyer.
5. Law, Jurisdiction, Arbitration
5.1. To matters not covered by the Contract the relevant provisions of Convention on Contracts for the International Sale of Goods (http://www.uncitral.org/pdf/english/texts/sales/cisg/V1056997-CISG-e-book.pdf) shall apply.
5.2. Any possible disputes which may arise in connection with the performance of the contract shall be resolved by a Court having competence according to jurisdiction of the defendant.
6. Final provisions
6.1. The Contract has been made out in duplicate in the English language, 1 copy for each of the Parties.
Appendix No. 4
1. CLK Sp. z o.o. shall pay particular attention to ensure confidentiality for Users. CLK Sp. z o.o. shall, with due diligence, select and apply adequate technical and organizational means to provide security for the processed data, including safety software. Above all, CLK Sp. z o.o. shall protect the data against access by unauthorized persons, as well as against unlawful processing of the data. CLK Sp. z o.o. shall have continuous control over the process of the data processing and shall, as far as possible, restrain access to the data by giving access permission only when necessary for proper running the service.
2. The set of data of Users being natural persons is subject to registration by Inspector General for Personal Data Protection. The personal data are administered by CLK Sp. z o.o..
3. The basis for processing personal information is the consent of Users themselves, as well as the statutory mandate to process data indispensable for conclusion with CLK Sp. z o.o. of an agreement for provision of services as well as for realization and settlement of services rendered by CLK Sp. z o.o. via Rubbermarket.
4. Provision of any personal data is voluntary. Provision of the data mentioned in the Terms and Conditions is indispensable for conclusion with CLK Sp. z o.o. of an agreement for provision of services in the frame of Rubbermarket.
5. Data given by a User during the Registration process shall be used for book-keeping purposes, for maintaining contact with the User in connection with service through Rubbermarket and for other activities related with conclusion or fulfilment of an agreement for provision of services through Rubbermarket. These data may, moreover, be used to verify whether the registered person meets conditions required by the Terms and Conditions and provisions of law. With a User’s consent, contact data may also be used for sending him/her by CLK Sp. z o.o. information about the firm and services rendered. A User may at any time resign from being furnished with this kind of information.
6. Particulars of Users may be made available to entities authorized to receive them on the strength of applicable law, including competent judicial authorities. Users’ personal information may be shared with third parties in cases indicated by CLK Sp. z o.o. and by permission of a User.
7. Should CLK Sp. z o.o. gain knowledge about a User’s use of the Rubbermarket services out of line with the Terms and Conditions or prevailing regulations, CLK Sp. z o.o. may process the User’s personal data to the extent necessary to establish his/her liability, provided that the fact of gaining and the content of this knowledge are recorded for the purpose of obtaining evidence.
8. CLK Sp. z o.o. shall ensure the execution of rights of Users who are natural persons under the Act on protection of personal data, including the right to access content of their personal data and to correct them as well as the right to control the processing of their personal data as described in the said Act. As part of exercise of the right to control the processing of their personal data, Users shall have, in particular, the right to make – in cases specified in the Act on protection of personal data – a written, motivated demand that the processing of the personal information be stopped on grounds relating to their special situation, and also the right to raise an objection to the processing of their personal data, if CLK Sp. z o.o. intends to process the data for marketing purposes or to transfer the same to a data administrator other than CLK Sp. z o.o..
9. CLK Sp. z o.o. shall ensure Users a possibility to peruse and modify personal data. CLK Sp. z o.o. shall ensure Users a possibility to delete personal data from the set of data in the event of withdrawal from an agreement, and also in other cases if this results from the operative law. CLK Sp. z o.o. may refuse to remove a User’s data exclusively in cases provided for by the provisions of law in force, particularly if the User did not make all payments due to CLK Sp. z o.o. or if CLK Sp. z o.o. obtains and consolidates the knowledge that the User’s current actions on Rubbermarket have contravened the Terms and Conditions or provisions of law in force, and retention of this data is necessary to explain these circumstances and determine the User’s responsibility.
10. CLK Sp. z o.o. may use IP addresses obtained during internet connections for technical purposes related with administering the servers. Besides, IP addresses may be used for gathering general, statistical demographic information (e.g. about region from which the contact was made). These data may also be combined with data given by Users for the purpose of carrying out the services rendered via Rubbermarket.
11. CLK Sp. z o.o. will use "cookies". Information obtained from "cookies" makes it possible to tailor the services and contents to individual needs and preferences of Users, and serves to develop general statistical information concerning the usage of Rubbermarket by Users. To disable the cookies storing option in a web browser generally does not preclude use of Rubbermarket, however may cause some difficulties.
12. The operator of Rubbermarket is the entity placing cookie files in the terminal equipment of a User of the website and gaining access to them.
13. Cookies are used for the following purposes:
a) prepare statistics which help understand how Users take advantage of Internet sites, which enables improvement of their structure and content;
b) maintain a User’s session (after logon), whereby the User does not need to re-enter his/her login and password on every page of Rubbermarket.
14. In connection with Rubbermarket two main types of cookie are used: „sessional” (session cookies) and „constant” (persistent cookies). Session cookies are temporary files which are stored in a User’s terminal device until logoff time, leaving the website or disabling software (a web browser). Persistent cookies are stored in a User’s terminal device for the time specified in parameters of the cookies or until they are removed by the User.
15. The software used for web sites viewing (a web browser) usually admits of the storage of cookies in a User’s terminal equipment by default. Users of the Service can make changes to settings in this regard. A web browser allows cookies to be removed. The automatic blocking of cookies is also possible. Refer to a web browser’s “help” file or documentation for details about this.
17. Cookie files placed on a User’s terminal equipment may also be used by advertisers and partners cooperating with the Rubbermarket operator.
19. Cookie files may be used by advertising networks, particularly by the Google network, to display advertisements customized according to the way in which a user uses Rubbermarket. To that end they may keep information about a user navigation path or about time for which a user stays on a given internet site.
20. With respect to information about user preferences collected by the Google advertising network a user may view and edit the information arising from cookies by means of the tool: https://www.google.com/ads/preferences/.
21. The information on certain behaviour of users is subject to logging into the server layer. These data are only used for the purpose of administering the service and ensuring that web hosting services provided are supported in the most efficient manner.
22. Information viewed is identified through URLs. In addition, the following items may be recorded:
a) the time an enquiry came,
b) the time a reply was sent,
c) a client’s station name – identification is performed by the HTTP protocol,
d) information about errors which occurred in the implementation of a HTTP transaction,
e) an URL of a web site previously visited by a user (referrer link) – in case transition to Rubbermarket was done with a link,
f) information on a user’s browser,
g) IP address information.
23. The above data are not associated with specific persons browsing the pages.
24. The above data are used solely for purposes of administering the server.
25. If a user does not want to receive cookie files, he/she can change settings of his/her browser. However, we forewarn Users that disabling the support of cookies indispensable for authentication processes, safety and the maintaining of user preferences may make the use of www sites difficult, or, in extreme cases, impossible.