TERMS AND CONDITIONS OF THE AUCTION SITE
The definitions used in the Terms and Conditions shall have the following meaning:
Auction – online auction held on the following website: http:// www.aukcje.pkoleasing.plwhere Participants place bids with regard to the Auction Item. There are the following types of auctions: auction (manual or with the use of bid-agent), Open Offer option, “Buy Now” or “Commission Auction”.
Commission Auction – an auction where the Participant is obliged to pay commission for participating in the auction (apart from the purchase price).
Open Offer – during the auction, the Participants place their own bids for the Auction Item. The Seller may choose the most favourable one by Accepting the bid.
Package Auction – an Auction, excluding "Buy Now" option, conducted for at least two entities specified in detail in a given Auction that are put on the auction as a whole. The Participant cannot bid single items under the Package Auction, whereas any and all bids shall always concern any and all items collectively specified and described during the Package Auction.
Starting Price – a price from which the Auction starts, determined by the Seller.
Minimum Price – minimum sale price of the Auction Item specified by the Seller as the minimum amount for which the Seller is ready to sell the Auction Item. The Minimum Price is not disclosed during the Auction until it is reached or exceeded.
Buy Now Price – the price set for a given Auction. Placing a bid for the Buy Now Price allows for the immediate conclusion of the Auction and purchase of the Auction Item, provided that the Bid is Accepted pursuant to the provisions set out in these Terms and Conditions.
Commission – an additional fee for organising and conducting the Auction payable by the Auction Participant and charged to the Participant who won the Auction. The Auction Participant can calculate the amount of Commission using the tool available on the website of a given Auction. The Commission may apply with regard to any type of Auction, particularly Commission Auction and Open Offer.
Consumer – a natural person being an Auction Participant who conducts legal activity with an entrepreneur that is not directly connected with economic or professional activity.
Auction Item – every item (other than real property) offered for sale by means of the Auction Site, particularly cars provided for in leasing and fleet agreements that came to an end.
Announcement – information on a specific movable, immovable or service that is provided on the Auction Site but does not constitute an offer within the meaning of Art. 66 (1) of the Civil Code. In the case of an Announcement, the Participant cannot place any bids for items or services defined in the Announcement or purchase them via the Auction Site.
Acceptance of a bid – accepting the most favourable bid placed during the Auction by the Participant who is not a Consumer (including bids placed as part of “Buy Now” option, which results in the conclusion of a sales agreement).
Auction Site – IT system managed by PKOLF, earmarked for Auctions and contained on the following website: aukcje.pkoleasing.pl
Participant – an adult natural person having full legal capacity, a legal person or organisational unit without legal personality that is registered on the Auction Site and obtained a login and a password as a result of registration. Consumers can also be Participants.
Terms and Conditions – these terms and conditions for PKOLF Auction Site.
PKOLF or AUCTION ORGANISER PKO Leasing Finanse sp. z o. o. with its registered office in Warsaw (00-872) at ul. Chłodna 52, registered in the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register, KRS: 0000337054, NIP: 7582303072, REGON: 142009519, with share capital in the amount of PLN 200,000.00, a large entrepreneur within the meaning of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions (Dz.U.2019.118, consolidated text of 21 January 2019, as amended)
SELLER – a natural person, legal person or organisational unit without legal personality indicated for a given Auction as the Seller that concluded a cooperation agreement with the Auction Organiser concerning the sale of the Auction Item belonging to them within the Auction Site. PKOLF can also be the Seller.
Validity of the Terms and Conditions
- The Terms and Conditions specify:
- the rights and obligations of PKOLF, the Seller and the Participant associated with the provision of services by means of the Auction Site,
- the rules and terms and conditions for the sale of Auction Items as part of specific Auctions.
- Successful registration on the Auction Site is tantamount to the acceptance of the Terms and Conditions. PKOLF provides services in accordance with the Terms and Conditions.
- Auction Items sold on the Auction concern in particular leasing and fleet agreements that came to an end.
- The technical assessment of the Auction Item is made at the request of the Seller by PKOLF or using an independent appraiser.
- Data on the current condition and degree of wear of the Auction Item is disclosed to the Participants via the Auction Site of a given Auction.
- The Participant is obliged to become aware of the technical condition of a given Auction Item at their own expense, whereas acceding to the Auction means that the Participant accepts the data included on the Auction website (also if such data is different from the one defined in a technical expertise). The Participant acknowledges the fact that technical expertises are performed in parking conditions, not in car shops. By placing a bid, the Participant declares to the Seller that they accept the technical condition of the item and the completeness of its equipment without any reservations.
- Auction Items offered on the Auction do not come with a guarantee nor Seller's warranty, unless the terms and conditions for the Auction state otherwise. Warranty for defects of the Auction Item is hereby excluded.
- In the case of agreements concluded with Consumers that provide for used (as opposed to new) Auction Items, the Terms and Conditions, and especially sec. 5 of this article, do not exclude the Consumer's right to warranty, whereas the Seller's warranty obligation shall expire 1 year from the date of release of the Auction Item.
- Announcements may be posted on the Auction Site. In the case of an Announcement, the Participant cannot place bids or submit any offers whatsoever. The conclusion of a sales agreement for the item provided for in the Announcement is excluded.
Terms and Conditions for Participating in the Auction, Registration
- It is possible to take part in the Auction once the Participant registers on the Auction Site at aukcje.pkoleasing.pl, logs in, and places a bid in electronic form.
- PKOLF reserves the right to refuse to activate Participants accounts without stating the reasons, and as regards the Consumers – after the Participant is notified in advance about the reasons via the e-mail address specified by the relevant Participant.
- The Participant may only use their own account on the Auction Site. It shall be prohibited for the Participant to specify more than one account on the Auction Site, use the accounts of other Participants or provide access to their own account to any third parties.
- It shall be prohibited for the Participants to create and use any logins that contain vulgar expressions or words or vocabulary generally regarded as obscene. In such cases, the Organiser has the right to remove the Participant from the Auction Site.
- In connection with the performance of obligations under the Act of 1 March 2018 on Counteracting Money Laundering and Financing Terrorism, the Seller may request additional documents and information to apply the measures of financial security commensurate with a given risk. If the Seller is not able to comply with statutory obligations, the purchase transaction shall not be concluded, and the Organiser shall be entitled to suspend or remove the Participant's account.
- The Organiser reserves the right to refuse to register once again the Participants whose registration was rejected or whose accounts were removed due to the violation of the Auction Terms and Conditions.
- The Participant may terminate the Agreement for the provision of services by electronic means with PKOLF (concerning a specific account) at any time by filing relevant statement concerning the termination of the agreement in electronic form or in writing. The Agreement for the provision of services by electronic means shall be terminated with immediate effect the moment such a statement is received by PKOLF.
- Due to major reasons, and in particular:
- the Agreement for the provision of services by electronic means may be terminated by PKOLF subject to seven weeks' notice period.
- lack of co-operation of the Participant with PKOLF; or
- obstacles on the part of PKOLF that objectively render it impossible to perform the Agreement for the provision of services by electronic means or make it very difficult to do so;
- In the following situations:
- the Agreement for the provision of services by electronic means may be terminated by PKOLF with immediate effect, and as regards the Consumers – after the Participant is notified in advance about the reasons via the e-mail address specified by the relevant Participant. If the Participant takes part in Auctions that began prior to the termination of the Agreement for the provision of services by electronic means, the bid placed by the Participant shall be excluded from the Auction as of the termination of the Agreement for the provision of services by electronic means.
- violation of any provision of these Terms and Conditions; or
- reasonable doubts as to the credibility or authenticity of data provided by the Participant and lack of explanations on the part of that Participant within the time frame specified by PKOLF; or
- gross lack of co-operation of the Participant with PKOLF; or
- actions undertaken by the Participant that may hinder or distort the functioning of the Auction Site or if the Participant uses it to the detriment of other Participants;
- In the case of a Participant who is not a Consumer, the Agreement for the provision of services by electronic means may be terminated by PKOLF with immediate effect subject to seven weeks' notice period without stating the reasons, following prior notification of the Participant using relevant e-mail address.
- As a result of termination of the Agreement for the provision of services by electronic means, the Participant's account on the Auction Site of PKOLF shall be deleted.
- In each case referred to in sec. 9 or sec. 10, PKOLF, instead of terminating the Agreement for the provision of services by electronic means, has the right to suspend the Participant account for the period defined in the notice submitted to the Participant’s e-mail specified in advance. During the time of suspension, the Participant cannot take part in Auctions.
- Within 14 days from the conclusion of the Agreement for the provision of services by electronic means, the Consumer may withdraw from it without stating the reasons by submitting an appropriate declaration electronically or in writing (the deadline shall be considered to be met if not exceeded). The specimen of withdrawal from the Agreement for the provision of services by electronic means shall be provided to the Consumer along with the confirmation of registration on the Auction Site.
Course of Auction
- An Auction Announcement is posted on the Auction Site, specifying in detail:
- Auction completion time,
- kind, types, and numbers of Auction Items on sale,
- Starting Price,
- place and date of display of the Auction Item so that the Participants can become aware of its technical condition personally,
- type of Auction, e.g. bidding, automatic bidding, bidding with Buy Now price, Commission Auction,
- Commission and its calculation tool, if the Commission was specified in a given Auction,
- data on the Seller,
- information whether the Seller issues a VAT invoice for the price of the Auction Item.
- In the case of Auctions with a Minimum Price, the Auction announcement shall include an information that the Auction will be held in this manner, with a proviso that the price will be disclosed to the Auction Participants only at the moment it has been reached or exceeded.
- Any prices offered by the Participants constitute open information, except for an Auction conducted as part of an Open Offer.
- Prices for Auction Items indicated during the Auction may constitute both gross and net prices, whereas the type of price is specified precisely at a specific item on the site of the Auction.
- The minimum increment during the Auction is equal to PLN 100.00.
- As regards Auctions with bidders, the highest offered price is visible on the Auction Site.
- If a bid is placed during the last two minutes, the auction shall be extended by another two minutes, but no more than a total of 30 minutes.
- If there is more than one bid with the same amount, the order in which bids are placed shall determine the winner.
- Any bid placed during the Package Auction shall concern any and all items collectively specified in it. The Participant cannot place bids only for several items earmarked for the Package Auction.
- PKOLF reserves the right to verify selected offers.
- In the case of lack of confirmation of the offer subject to verification and lack of telephone contact with the customer (wrong number, busy signal or no signal), the bid shall be rejected.
Conclusion of the sales agreement
- Bidding is won by the highest bid placed up until the moment of Auction closure, provided that the Minimum Price has been reached or exceeded, or the Buy Now option (if applicable) automatically concludes the Auction, with the bidder who used this option having the winning bid.
- The Seller concludes a sales agreement with the Participant who won the Auction at the moment the bid is accepted, subject to sec. 3 below.
- If the winner of the Auction referred to in sec. 1 above is the Participant being a Consumer, the acceptance of bid under principles defined in these Terms and Conditions does not give rise to the conclusion of the sales agreement with the Consumer but notifies the same about the most beneficial offer and informs about the need for execution of a written sales agreement within 7 days at the registered office of the Organiser at Al. Krakowska 44 or in the establishment “Słomczyn 81”, along with the account number to which the offered price is to be transferred with VAT and Commission (if applicable). The specimen of sales agreement is contained in Appendix no. 1 to these Terms and Conditions. A sales agreement is concluded on the following condition precedent: PKOLF receives the entire sum offered during the auction, along with VAT and Commission (if applicable) within 7 days from the execution of the agreement. If the Participant being a Consumer fails to conclude the sales agreement with the Seller within 7 days from the date on which the former is notified about the highest bid, the Organiser has the right to block their account on the Auction Site and put the Item once again on the Auction or offer it to the Participant who offered the second highest price during the same Auction.
- Information on bid acceptance is sent within 72 hours from the end of the Auction to the Participant who placed the highest bid in the Auction (and exceeded the Minimum Price, where applicable) or used the Buy Now option; if there is no bid acceptance within the above timeframe, the Participant is no longer bound by the bid, which also applies to the Participant being a Consumer.
- The Participant who failed to fulfil their bid shall be deprived of possibility of placing bids on the Auction Site, with their account being subsequently blocked. The provisions laid down in § 4 sec. 5 shall apply accordingly. /li>
- The Participant whose bid was accepted by way of § 6 sec. 2 shall pay the Seller the acquisition price within 7 calendar days from the date of bid acceptance and collect the Auction Item no later than 7 calendar days from the date on which they are informed that the Item is ready for collection, pursuant to § 7 of the Terms and Conditions.
- The payment shall be transferred to the account indicated in the bid acceptance notification. The ownership of the Auction Item shall be transferred the moment the entire acquisition price is transferred to the relevant bank account.
- Moreover, in the event of a Commission Auction or other type of an Auction that provided for Commission, the Participant whose bid was accepted is obliged to pay – apart from the acquisition price – Commission for participating in the Auction in the amount specified on the website of the Auction. The said amount shall be transferred within 7 calendar days from the end of the Auction. The Commission shall be transferred to account no. 69 1020 1026 0000 1702 0285 7548 held by the Organiser. The Auction Item won by the Participant can be collected as of the transfer of acquisition price (with due commission). The obligation to pay the Commission shall not be discharged under any circumstances, in particular in the event of suspension of the sales agreement due to any reasons whatsoever (e.g. termination, withdrawal).
- The invoice for the price of an Auction Item (if the Seller is an entity authorised to issue invoices) shall be issued once the acquisition price is transferred to the Seller in line with the data indicated on the Participant form.
- At the request of the Participant filed to the Auction Organiser within 2 days from bid acceptance, the Participant may conclude a leasing agreement for the said Auction Item with PKO LEASING S.A. with its registered office in Łódź, whereby the acquisition price shall also constitute the offer price. The leasing agreement shall not be concluded unless the requirements of PKO LEASING S.A. defined with regard to conclusion of those types of agreements are in compliance and provided that such an agreement is concluded no later than 10 days from the date of request. A negative decision of PKO LEASING S.A. concerning the conclusion of a leasing agreement shall not release the Participant from their obligation to pay the acquisition price for the bid Auction Item.
- The Organiser shall accept bid on behalf of the Seller or on their own behalf if the Organiser is the Seller of an Auction Item.
- The Seller shall be entitled to withdraw from the sales agreement if they are not in a position to apply the security measures referred to in art. 34 sec. 1 of the Act of 1 March 2018 on Counteracting Money Laundering and Financing Terrorism (Journal of Laws of 2018, item 723).
Collection of the Auction Item
- Once the Auction Item has been purchased in line with the provisions of these Terms and Conditions or following the conclusion of sales agreement by the Participant being a Consumer pursuant to § 6 sec. 3, it is possible to collect the Auction Item from the moment the Participant receives an e-mail stating that the Auction Item is ready for release, but not earlier than the payment of the entire price and commission – if such a commission applied in that Auction.
- Information on the possibility of collecting the Auction Item shall be sent to the e-mail address indicated during registration.
- If the Auction Item is collected by another person than the Participant (natural person), company owner or member of the management board, it is necessary to hold a written power of attorney to do so. Sample power of attorney (available here).
- At the moment of collection of the Auction Item, the Seller may commit the collector to sign relevant documents (forms available in the „HELP” in particular a statement on beneficial owner.
- In the case of Auctions in which PKOLF is also the Seller, the Participant other than the Consumer who:
shall cover the costs of storage in the amount specified in Appendix no. 2 to these Terms and Conditions. The Auction Item shall be stored at the cost and risk of that Participant.
- failed to pay the price referred to in § 6 sec. 6 of the Terms and Conditions within 7 days from the date of bid acceptance; or
- was notified about the possibility of collecting the Auction Item pursuant to the manner specified in sec. 2 of this article and failed to collect it within 7 calendar days from the date on which the above information is received,
- If the Seller is an entity other than PKOLF and the circumstances defined in sec. 5 above come into being, the Seller may provide PKOLF with the Auction Item for storage at the cost and risk of the Buyer.
- Auction Items shall be collected in the following location: Grzędy, Al. Krakowska 44 or Słomczyn no. 81, depending on the location of the Auction Item, unless otherwise determined by the Seller and the Auction winner or otherwise stated on the Auction website.
Processing of personal data
- The personal data of the Participants will be processed by the following controllers:
- PKO Leasing Finanse sp. z o.o., 00-872 Warszawa, ul. Chłodna 52, hereinafter referred to as: “PKOLF”
- PKO Leasing SA, 93-281 Łódź, al. Marszałka Edwarda Śmigłego-Rydza 20, hereinafter referred to as: “PKOL”
- hereinafter jointly and individually referred to as “Company”.
|No.||Name of purpose||The basis for the processing||PKOLF||PKOL|
|1||for the purpose defined in consent||Participant's consent (art. 6 sec. 1 (a) of the GDPR). (in such a case, the Participant may even withdraw their consent at any moment, which shall not affect the conformity with law of processing that has been performed on the basis of this consent before its withdrawal; a refusal to provide consent or its withdrawal shall mean that the Company will not be permitted to process the data for the purposes indicated in the consent) ||YES|
|2||management of User account on the Auction Site||preparation for the conclusion and performance of the agreement (art. 6 sec. 1 (b) of the GDPR)||YES|
|3||handling of auctions in which the Participant takes part||preparation for the conclusion and performance of the agreement (art. 6 sec. 1 (b) of the GDPR)||YES|
|4||performance of sale of the item owned by a given company||preparation for the conclusion and performance of the agreement (art. 6 sec. 1 (b) of the GDPR)||YES|
|5||compliance with the provisions of law, e.g. tax settlement||fulfilment of legal requirements under the provisions of law (art. 6 sec. 1 (c) of the GDPR)||YES||YES|
|6||seeking claims and defence against them ||legitimate interests of the controller (art. 6 sec. 1 (f) of the GDPR)||YES||YES|
|7||marketing of products and services of the Company, in certain cases (where a consent have been granted) preceded by a creation of a profile and its analysis by the Company ||legitimate interests of the controller (art. 6 sec. 1 (f) of the GDPR)||YES||YES|
|8||handling questions addressed via available communication channels||preparation for the conclusion and performance of the agreement (art. 6 sec. 1 (b) of the GDPR)||YES||YES|
|9||ensuring security, including IT-related matters||legitimate interests of the controller (art. 6 sec. 1 (f) of the GDPR)||YES||YES|
|10||fulfilment of the obligations under the Act on Counteracting Money Laundering and Financing Terrorism imposed on obligated institutions||fulfilment of legal requirements under the provisions of law (art. 6 sec. 1 (c) of the GDPR)||YES|
- The controllers referred to in sec. 1 have appointed a personal data protection officer which can be contacted at the relevant address of a given company, as specified in sec. 1 or by e-mail: email@example.com
- The processing period of the obtained personal data is connected with the purposes of processing provided above. As such, the data will be processed for one of the following periods (whichever is longer):
- during the period when the provisions of law impose retention of data, or
- for the period of prescription of potential claims, to the pursuit of which data possession is necessary.
- The personal data obtained from the Participant may be, as part of the processing for the purposes specified above, made available to entities other than the Company, i.e.:
- PKO Bank Polski S.A.(the “Bank”) in the scope required by the provisions of the Act of 29 August 1997 – Banking Law (“Banking Law”) and other provisions and guidelines of supervisory authorities, i.e. in connection with risk management and preparing financial statements within the Bank’s corporate group,
- provided that a relevant authorisation has been given, to entities from the PKO Bank Polski S.A. corporate group (including: PKO Bank Polski SA with its registered office in Warsaw at ul. Puławska 15, PKO Leasing SA with its registered office in Łódź at al. Marszałka Edwarda Śmigłego-Rydza 20, and PKO Faktoring SA, PKO Leasing Finanse sp. z o.o., PKO Leasing Nieruchomości sp. z o.o., PKO Agencja Ubezpieczeniowa sp. z o.o. all with their registered office in Warsaw at ul. Chłodna 52) for the purpose of marketing of the services and products of these entities,
- entities providing services to the Company, e.g. providers of IT services, auditors, advisers and above all to entities which are authorised to obtain information on the basis of law.
- The processing of data obtained from the Participant by the Company is based on the principle of a voluntary character, but the refusal to provide data may make it impossible to undertake activities resulting from these Terms and Conditions.
- In cases and under conditions specified in provisions on personal data protection, the Participant is entitled to:
- have access to their data,
- rectify their data,
- delete their data,
- limit the processing of their data,
- appeal against the processing of personal data with the legal basis in the form of justified requirements of the data collector,
- transfer their personal data.
- Regardless of the above, the Participant is also entitled to lodge a complaint with the appropriate supervision authority, indicated in the currently binding act which regulates the rules of personal data protection.
- The Participant is obliged and entitled to update the data and information which served as a basis for their registration on the Auction Site immediately after each change of such data. The Organiser reserves the right to verify at any moment the reliability of the data used during the Participant’s registration on the Auction Site./
- The Participant has the right to submit complaints in writing to the registered office of PKOLF, i.e. ul. Chłodna 52, 00-872 Warsaw or electronically to the e-mail address: firstname.lastname@example.org
- Each complaint should contain at least name and surname, e-mail address, correspondence address of the complainant, along with a detailed description of complaint. Complaint should also include a demand for specific conduct by PKOLF.
- PKOLF shall process each complaint within 14 days from the date on which it is received or extended with information necessary for the processing. PKOLF may refuse to process complaints filed after 30 days from the emergence of their reasons, except for complaints filed by the Consumer
- Complaints must be responded to the e-mail address indicated therein. This does not apply to Consumers if the answer to the complaint is submitted in writing to the address indicated therein.
- PKOLF shall not be liable for any technical impediments to participating in the Auction or any wrong or incidental interruption, suspension or early termination of the Auction.
- PKOLF shall not cover or participate in the costs borne by the Participant in connection with their participation in the Auction, in particular the costs of travelling to the place of inspection of the Auction Item or securing its transportation or loading.
- Any and all disputes related to the performance, non-performance or undue performance of sales agreements concluded on the basis of the Terms and Conditions shall be settled by a common court having jurisdiction over the registered office of PKOLF.
- Sec. 3 of this article shall not concern sales agreements concluded with the Consumers.
- Appendix no. 2 with the costs of storage of Auction Items shall constitute an integral part of these Terms and Conditions. .
Appendix no. 1 - sales agreement
Appendix no. 2 - price list