Terms of use

PHILANETAUCTION REGULATIONS

TABLE OF CONTENT

1. TERMS AND DEFINITIONS
2. REGISTRATION
3. THE CHOICE OF ACCOUNT AND THE EXTENT OF REQUIRED DATA
4. BLOCKING AND CANCELLATION OF UNUSED ACCOUNTS
5. UNREGISTERING THE ACCOUNT
6. AUCTIONS
7. TRANSACTIONS
8. THE COURSE OF TRANSACTION
9. THE ROLE OF PHILANETAUCTION
10. BREAKS AND TECHNICAL FAILURES
11. PRIVACY AND PROTECTION
12. NEWSLETTER

Attachment 1 - Charges for using HILANETAUCTION

1. TERMS AND DEFINITIONS

PhilanetAuction – an internet service enabling conducting online auctions, whose trademark and content owner is Kolekcjon Joanna Nawrot company, VATIN PL6931822836, REGON No. (the National Official Register of Business Entities) 302575304 with its head quarters in Komorniki, Fabianowska Street 138P/2 62-052 Komorniki.
Auction – process consisting in offering Items for sale. The Winner of an Auction is a person who offers a price that the seller (Auction House) accepts.
Auction House – subject offering Items for sale through PhilanetAuction.
Individual Client – User undertaking action which results in his/her declaration of a will to buy an Item through PhilanetAuction.
Account – User’s profile created by the Auction service system, including the User’s personal and contact data and other functions necessary for the realization of an auction.
Auction description – includes the description of the Item being sold along with the rules of delivery and the forms of payment.
Post-auction process – main actions undertaken by both parties (Individual Client and Auction House) after the auction’s termination. It consists in sending the Item (Seller – Auction House) and meeting the agreed on financial commitments (Individual Client), and thus fulfilling the sale agreement.
Item – a collectible, i.e. an object of meaning and value to collectors, put on sale by an Auction House.
Transaction – an action taking place between the Seller (Auction House) and the Buyer (Individual Client). Transaction ends in a sale agreement.
User – a natural or legal person – Auction House owning an active account. User may be both a Buyer and a Seller. All Users must be at least 18 years old.

2. REGISTRATION

2.1 A User of PhilanetAuction must be at least 18 years old and have got full capacity to perform acts in law, be a natural person or an organizational unit without legal personality, who can acquire laws and undertake obligations on their own behalf.
2.2   Every User must go through the registration process and choose an account suitable for his or her profile.
2.3   User undertakes not to disclose to any third parties the password used by them while using Kolekcjon.
2.4   Without PhilanetAuction’s agreement an account cannot be disposed of. Otherwise, such an account can be deleted without notice of termination.
2.5   User undertakes to provide real and full identification data and to keep them up to date. User must not delete the data the deposition of which is necessary according to points 3.4 i 3.5. Their deletion is equivalent to the dissolution of contract between PhilanetAuction and the User. In order to delete these data you need to contact PhilanetAuction on the following address: kontakt@philanetauction.com.
2.6 PhilanetAuction reserves the right to randomly verify if the data provided by the User.

3. THE CHOICE OF ACCOUNT AND THE EXTENT OF REQUIRED DATA

3.1   User may use PhilanetAuction with one of the following accounts: “Individual Client” or “Auction House”.
3.2   User may use PhilanetAuction within one of the following types of accounts:

• BIDDER’s Account – access exclusively to the function of bidding Items;
• Seller’s Account (Auction House) – access to both the functions of bidding and selling Items.

3.3   The extent and type of required identification data depends on the type and kind of account chosen by the User.
3.4   During the registration process, the User – Individual Client must provide:

• Login
• Email address
• Password
• Confirm the password
• Name and surname
• Street and number
• Zip code
• City
• Country
• Optionally – phone number

 3.5   During the registration process, the User – Auction House must provide:

• Login
• Email address
• Password
• Confirm the password
• Name of Auction House
• Street and number
• Zip code
• City
• Country
• Currency
• Optionally – phone number, picture

3.6   The User must check the regulations acceptance box. After validating the form and data, an inactive account is created.
3.7   The User is sent an email with a registration confirmation link. After accessing the webpage defined by the link, the account is activated and the User becomes the owner of an Individual Account or an Auction House Account.
3.8   After activating the account, the User may log into his or her account and edit it.
3.9   The User may hold two accounts: one private and one company account. On an exceptional basis, the administrator may agree on creating a larger number of company accounts.

 4.   BLOCKING AND CANCELLATION OF UNUSED ACCOUNTS

 4.1   If the User’s actions breach the rules included in the Regulations, affect negatively the reputation of PhilanetAuction, in any other way harm PhilanetAuction or in justified cases when the User’s account or activity require additional data verification, PhilanetAuction may:
       a.   Suspend for a limited or unlimited period one or all the Accounts of the User.
       b.   Allow the further use of PhilanetAuction on the condition of the positive verification of the User’s data on the basis of other evidence.
4.2   Independently of the Account suspension – the User bears full responsibility for his or her actions being the basis for suspending the Account, especially compensation liability towards PhilanetAuction.
4.3   If the User fails to settle his or her financial commitments to PhilanetAuction, the User’s Account may be suspended until the settlement of debts.
4.4   If the User’s account has been suspended, the User may not register the Account again or use any other Account without PhilanetAuction’s former agreement. PhilanetAuction may also refuse the User another registration and the use of the Account if any of the Accounts ever used by the User has been suspended. 
4.5   PhilanetAuction reserves the right for temporary suspension if it suspects that the User fails to abide by the Regulations. 

5.   UNREGISTERING THE ACCOUNT

5.1   User may demand his Account to be unregistered (deleted) after formerly contacting the service administration through the contact form. The demand will be considered within 14 working days.
5.2   The demand for Account deletion may be rejected if the User has some active offers or financial liabilities towards PhilanetAuction for services provided so far.
5.3   The User’s Account may be deleted only under the following condition: all liabilities to PhilanetAuction must be settled. 

6.   AUCTIONS

6.1   In order to offer an Item for bidding, Auction House creates a description of the Item, using the sales form available on one of PhilanetAuction’s webpages. Creating a Transaction description, the Seller states the Item’s value and provides further information about the Item.
6.2  After the Auction House confirms the Item’s description, it becomes available on PhilanetAuction and the Seller is bound by the content of the Transaction description.
6.3   By  publishing an Item in PhilanetAuction, Auction House declares that trading the Item does not breach the law or third parties’ rights, and that it is entitled to execute and fulfill the contract, for the execution of which the Auction was initiated.
6.4  The Item description should be truthful and complete and it should not mislead other Individual Clients, especially as to such characteristics of the Item as: its quality, origin, condition, and others. The Item description should comply with the law, especially, it should contain information required in particular circumstances, including the information indicated in the regulations concerning consumers’ protection. User – Auction House bears full responsibility for the content it publishes in the Transaction description, it is also responsible for all the mistakes and inaccuracies of that description abiding by these Regulations.
6.5   The seller – Auction House is obliged to set the way of payment for the Item in accordance with the law.
6.6   Offering an Item, the Seller agrees on its publication for the purposes of promotion on PhilanetAuction.
6.7   Auction House and Individual Client should contact each other in order to finalize the Purchase and sale of the Item.
6.8   Within the process of sales (bidding) Auction Houses are obliged to abide by consumers’ rights, especially those concerning the possibility of complaining about and returning the Item which does not conform with the contact.
6.9   Moreover, the Seller may not exclude or limit the rights for warranty held by the Individual Clients, even if the sale does not have the characteristics of a consumer sale. The warranty does not extend onto the faults of the Item of which the Buyer knew, especially those included in the Transaction description by the Seller. Auction House bears full liability for the auction and sale connected with it. 

7.   TRANSACTIONS

7.1   PhilanetAuction enables the Users to execute contracts between Auction Houses and Individual Clients in accordance with the Regulations and to this aim it provides suitable system tools. PhilanetAuction is not a party of the agreements made between the Users and it does not guarantee that the Auction House and the Individual Client will execute the sale and purchase agreement of the Item offered for bidding.
7.2   Within PhilanetAuction it is possible to conduct a bidding transaction consisting in making an offer as an Individual Client who offers the highest price for a given Item by filling a suitable form and sending it to an Auction House via the PhilanetAuction service.

8.   THE COURSE OF TRANSACTION

8.1   The User participates in a Transaction by making  a purchase offer in a licitation. In order to undertake any of the above actions, suitable boxes in the Transaction form should be filled, next, the content of the Transaction form should be verified and one’s choice confirmed.
8.2   While participating in a bidding Transaction, the Individual Client sets the minimal price he or she is ready to pay for the offered Item. The system will automatically set his or her offer as no lower than the bid increments set by the Auction House. The Individual Client sets also the maximum price he or she can pay for the offered Item.
8.3   After correctly filling all the fields of the auction form and confirming it by the Buyer, PhilanetAuction system will send it to the Auction House so that the given offer can be made.
8.4   In the course of the Transaction the Buyer may change the maximum price in accordance with the same regulations as specified in point 8.3.
8.5   The termination of a Transaction takes place when the time set for the licitation of a given Item offered for bidding by an Auction House expires.
8.6   The price set after winning a given licitation is augmented by the Seller – Auction House by provision cost set before the licitation and the cost of the Item’s delivery or transport which the Buyer agrees on before entering the licitation process. The Auction House sets the amount of the costs added in its Auction House regulations. 

9.   THE ROLE OF PHILANETAUCTION

9.1   PhilanetAuction bears no responsibility for the Users’ actions within PhilanetAuction or for improper performance or non-performance of contracts executed by them within Transactions, as well as it does not bear any responsibility for the results of actions undertaken by the Users and third parties which breach the Regulations. PhilanetAuction especially does not bear any responsibility for the quality, security or legality of the Items, the truthfulness and honesty of the information provided by Auction Houses, their ability to sell and the solvency of the Users making purchase offers.
9.2   In order to take care of the highest possible security level during the Transaction process – PhilanetAuction reserves the right to verify the Items offered in Transactions and using advice and services provided by experts registered in suitable Polish and international institutions with the aim of eliminating Items related with forgeries, fakes or any other forms of products offered for licitation, excluding places in which it is allowed. 

10.  BREAKS AND TECHNICAL FAILURES

10.1   The proceedings in case of planned technical breaks or technical failures, especially their impact on the ongoing Transactions, are as follows:
10.2   PhilanetAuction will use its best efforts to ensure the correct and uninterrupted functioning of the service. Taking into account the complexity of the PhilanetAuction system, there may appear failures and technical errors caused by problems connected with the equipment or programming. In each such case, PhilanetAuction tries to limit the negative consequences of the technical failures to the minimum.
10.3   The exact information concerning all the technical breaks, failures and errors, as well as compensations connected with them, is published in the “news” section, which can be accessed from the PhilanetAuction mainpage.
10.4   In order to develop the website and minimize the risk of technical failures, periodical technical breaks are necessary. During these breaks suitable changes are made in the system. PhilanetAuction will use its best efforts to make sure that the technical breaks are not burdensome to the Users. Therefore, whenever it is possible, it plans the breaks to take place at night hours, and it informs the Users about the approximate length and time of the breaks at least a few hours in advance. The impact of technical Breaks on Transactions is as follows:
10.4   In case of a technical break longer than 1 hour, the time of all auctions active at the time of the break will be prolonged by the time of the break’s duration.
10.5   A technical failure is understood as a situation in which the vast majority or all the Users lost the ability to use the basic functions of PhilanetAuction connected with organizing the Transactions, especially is they could not log in, offer an Item, make an offer or search for a Transaction using the key methods available on PhilanetAuction.
10.6   A technical error is understood as every technical problem connected with the functioning of PhilanetAuction, other than the above mentioned failure.
10.7   There exists a beta version of PhilanetAuction. On the mainpage of the website there is a “report an error” icon, which the User can use to report all the failures connected with the functioning of the service. The Administrator undertakes to solve the reported problem and bring back the primary state within 3 days from the error report.

11.   PRIVACY AND PROTECTION

11.1   PhilanetAuction treats the Personal Data Protection of the Users who registered in PhilanetAuction as a priority.
11.2   The Users’ Personal Data are processed by PhilanetAuction under the Data Protection Act of 29 August 1997 (Dz. U. 2002 no. 101, item 929, as amended) in order to provide services by Kolekcjon.
11.3   PhilanetAuction makes the Users’ data available to other subjects only in compliance with these Regulations.
11.4   PhilanetAuction makes use of the modern techniques of Users’ e-mail addresses and passwords’ protection.
11.5   The personal data administrator is Kolekcjon Joanna Nawrot company, VATIN PL6931822836, REGON No. (the National Official Register of Business Entities) 302575304 with its head quarters in Komorniki.
11.6   The administrator’s contact data is: kontakt@philanetauction.pl.
11.7   The Users Base is a personal data file declared for registration to GIODO ( the General Inspector for the Protection of Personal Data).
11.8   PhilanetAuction uses Users’ data only for purposes connected with the functioning of the service.
11.9   The service reserves the right to forward the information concerning the IP addresses to the suitable institutions and organs in case of any damaging activity (such as spam, flood, abuse, trolling, etc.) being done to the service from these IP addresses.
11.10 PhilanetAuction will receive the User’s consent before forwarding his or her data to other subjects for marketing purposes 
11.11 After the User’s acceptance of these regulations, PhilanetAuction can email its Users promotional materials of Kolekcjon and third parties.
11.12 Users agree on the disclosure of their personal data to other Users in order to finalize transactions.
11.13 With the reservation of its legal responsibilities, PhilanetAuction does not make Users’ personal data available to other subjects.
11.14 The cookies policy concerns website: WWW.philanetauction.com. By using PhilanetAuction, you agree on the use of cookies and accept the cookies policy. If you do not agree on the use of cookies by PhilanetAuction, change your browser settings or stop using the website.
Using the service without cookies may cause its failures.
WHAT ARE COOKIES?
The so called “cookies” are small text files stored in an end device (computer, tablet or mobile phone) used by a website’s User.This data is used with some functions of the service.Usually internet browsers accept cookies in end devices by default, however, the User may stop using them after changing the settings of his or her browser.
WHAT ARE COOKIES USED FOR – GENERAL INFRMATION
Websites use cookies in order to:
   a.   Match their content with the Users’ preferences. Cookies allow to identify the end device and to adjust the website’s display size to the User’s individual needs.
   b.   Create the services’ statistics which allow for the observation of the behaviour of the website User.
TYPES OF COOKIE FILES USED BY THE WEBSITE
The PhilanetAuction website stores two types of cookie files:

1. Session cookies – these are temporary files which are stored by the User’s end device until leaving the service, logging out or blocking the cookie files in the User’s browser.
2. Persistent cookies – these files are stored in the User’s end device until they are deleted or for the period of time set in the cookies’ parameters.

Our service uses cookies for the purposes of:
a.   Ensuring the correct functioning of the service on various end devices
b.   Collecting information concerning the ways in which Users use the service
c.   Remembering the preferences and settings of the service User
d.   Ensuring security to the Users of the service.