REGULATIONS OF THE PROCUREMENT PLATFORM

(hereinafter: the “Regulations”)

 

§ 1

Definitions

The terms used in the Regulations have the following meanings:

a) Service – a service provided electronically whereby the Procurement Platform Administrator makes the functionality of the Procurement Platform available to the Supplier, allowing the Supplier to register in the Suppliers' Database and to participate in the Procurement Proceedings of the Procurement Platform Administrator;

b) Agreement for access to the Procurement Platform – this Agreement, concluded by acceptance of the Regulations and creation of an Account, based on which the Procurement Platform Administrator undertakes to provide Services to the Supplier.

c) Procurement Platform Administrator – [company name] with registered office in [city] address [street, postal code, city] registered in the Register of Entrepreneurs by the District Court in [city], [no.] Commercial Department of the National Court Register under KRS number [krs. no.], NIP: [nip no.] , REGON: [regon no.] share capital [amount]

d) Procurement Platform – a website located at [domain].logintrade.net with a closed nature, made available by the Procurement Platform Administrator, within which auctions are organized inquiries are sent, commercial offers are submitted and other services associated with trade are provided.

e) Supplier Database – a database maintained by the Procurement Platform Administrator containing information about Suppliers and Sellers, which in particular concerns contact details as well as history of activities regarding participation in the Procurement Procedure.

f) Procurement Procedure – an inquiry, auction and announcement published by the Procurement Platform Administrator on the Procurement Platform.

g) Supplier -–an entity that is a customer under the Regulations. The supplier may be an entrepreneur i.e. 

a) a sole proprietor,

b) partners in a civil partnership,

c) a legal person or 

d) an organizational unit without legal personality.

The Supplier is represented by the Seller. The Seller, on behalf of the Supplier, accepts the terms of the Regulations and registers the Supplier in the Procurement Platform Administrator's Supplier Database.

h) Seller – a user of the Procurement Platform who represents the Supplier. The Seller may be:

a) a natural person authorized to represent the Supplier, 

b) the Supplier themselves running a sole proprietorship or being a partner in a civil partnership,

c) an employee or associate of the Supplier who is authorized to enter into an Agreement for access to the Procurement Platform and to participate in the Procurement Proceedings.

i) Account – an account kept for the Supplier represented by the Seller under a unique name (login) and password-protected, which is a collection of resources, where data and information about activities within the Procurement Platform are collected.

j) Commercial offer – a declaration of will of the Supplier represented by a duly authorized Seller, submitted within the deadline set by the Procurement Platform Administrator for receipt of offers in response to a request for quotation on the Procurement Platform or an offer submitted during an electronic auction. 

 

 

PART I

ACCESS TO THE PROCUREMENT PLATFORM

 

§ 2

Conclusion of the Agreement for access to the Procurement Platform

1. In order to conclude the Agreement for access to the Procurement Platform, the Seller registers an Account on the Procurement Platform by filling out an electronic form containing the data of the Supplier and the Seller.

2. In order to register an Account, the Seller provides the following Supplier data:

a) Supplier's company name;

b) Supplier's business address;

c) Supplier's Tax Identification (NIP) Number;

d) procurement categorization;

e) other required Supplier data.

3. Moreover, the Seller is obliged to provide the following for the purpose of Account registration:

a) first and last name;

b) e-mail address.

4. During the registration process the, Procurement Platform Administrator will send a message to the e-mail address of the Seller confirming the creation of the Account. 

5. The Procurement Platform Administrator will assign a login and password to the Supplier. The Seller will be able to change the assigned password at any time.  

6. Registration requires the following declarations:

a) acceptance of the provisions of the Regulations by the Seller acting on behalf and for the benefit of the Supplier;

b) consent to the processing of personal data by the Procurement Platform Administrator for the purpose of registration in the Database of Suppliers of the Procurement Platform Administrator and participation in the Procurement Proceedings.

7. The moment of concluding the Agreement for access to the Procurement Platform shall be deemed the approval by the Seller of a completed registration form. 

8. A Seller may have only one Account on the Procurement Platform. 

9. On the Procurement Platform, a Supplier may be represented by several Sellers. Each Seller may have a separate Account. 

10. The Procurement Platform Administrator may provide Services through their subcontractors, to which the Supplier agrees. For the provision of Services, the Procurement Platform Administrator uses a subcontractor – Logintrade S.A. with its registered office in Wrocław, 54-203 Wrocław, ul. Legnicka 57D lok. B/J, entered in the National Court Register kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register, under the number 0000438056, NIP 8942953589, REGON 020811830.

 

§ 3

Technical requirements

1. The Procurement Platform Administrator guarantees the correct functioning of the Procurement Platform only if the following Internet browsers are used: 

a) Internet Explorer 10 and later;

b) Edge;

c) Google Chrome;

d) Mozilla Firefox;

e) Opera.

2. In addition, the device used to use the Procurement Platform should meet the following technical requirements:

a) Internet access;

b) flash plug-in – flash player installed; 

c) browser support for the XMLHttpRequest - ajax protocol;

d) JavaScript support enabled;

e) Acrobat Reader installed;

f) Java SE Runtime Environment 6 Update 24 or later installed.

3. The Procurement Platform Administrator recommends using an Internet connection above 500 KB/s.

 

§ 4

Rules of use of the Procurement Platform

1. Access to the Services is possible after completing the Account registration process. 

2. Registration of an Account on the Procurement Platform is free of charge. 

3. The subject matter of the Commercial Offer and auction can only be products and services that do not conflict with generally applicable laws. 

4. Any action that impedes the operation or causes destabilization of the Shopping Platform is prohibited.

5. The Seller and the Supplier may not provide unlawful content on the Shopping Platform. 

 

§ 5

Types and scope of Services provided on the Procurement Platform

The Administrator, as part of the Procurement Platform, enables the Supplier to use the following functionalities and Services:

a) registration of Supplier and Seller data in the Supplier Database;

b) receiving notifications of the Procurement Platform Administrator's offer inquiries to the Seller's e-mail address;

c) receiving to the e-mail address of the Seller notifications about electronic auctions of the Procurement Platform Administrator;

d) possibility of submitting Commercial Offers by the Seller acting for and on behalf of the Supplier in the framework of offer inquiries and electronic auctions;

e) possibility of communication with the Procurement Platform Administrator within the scope of the proceedings;

f) receiving orders from the Procurement Platform Administrator;

g) confirmation of orders by the Seller acting on behalf of the Supplier;

h) entry and editing of products in the electronic catalog by the Seller acting on behalf of the Supplier; 

i) entry of electronic invoices by the Seller. 

 

§ 6

Obligations and liability of the Procurement Platform Administrator

1. The Procurement Platform Administrator provides uninterrupted access to the Procurement Platform except for technical interruptions necessary for the proper functioning of the website.

2. Subject to the limitations imposed by generally applicable law, the Procurement Platform Administrator is not liable for damages arising in connection with the Procurement Platform or its use or inability to use by any of the Suppliers or Sellers or in connection with improper operation, errors, deficiencies, interruptions, defects, delays in operation or transmission, computer virus, line or system failure.

3. The Procurement Platform Administrator is liable only for damages caused by intentional fault, which arise in connection with the use of the Procurement Platform.

4. The Procurement Platform Administrator is not liable for the disclosure of an account name and password to the Procurement Platform by the Seller or the Supplier to a third party

 

 

§ 7

Complaints

1. The Supplier and the Seller may submit a complaint to the Procurement Platform Administrator in relation to the use of the Services. 

2. The complaint should be submitted electronically to the email address helpdesk@logintrade.net. 

3. The complaint should include:

a) the first and last name of the person submitting the complaint;

b) Supplier details; 

c) the domain name of the Procurement Platform;

d) Description of the problem.

1. Claims should be submitted immediately, but no later than within 5 days from the occurrence of the event to which the claim relates. 

2. The Procurement Platform Administrator considers complaints within 14 working days.

3. The Procurement Platform Administrator will inform the Supplier or the Seller about the consideration of the complaint in electronic form. 

4. Complaint proceedings on behalf of and upon order of the Procurement Platform Administrator may be conducted by the subcontractor, i.e. Logintrade S.A.

 

§ 8

Termination of the Agreement for access to the Procurement Platform

1. The Agreement for access to the Procurement Platform is concluded for an indefinite period of time. 

2. Either party may terminate the Agreement for access to the Procurement Platform upon 30 days' notice.  

3. The termination of the Agreement for access to the Procurement Platform takes place by sending a declaration of intent in documentary form. 

4. The Supplier, or a Seller acting on behalf of the Supplier, may send a declaration of termination of the Agreement for access to the Procurement Platform to the email address helpdesk@logintrade.net.

5. Closing of the Account takes place immediately after the termination of the Agreement for access to the Procurement Platform. 

6. Closing the Account does not result in deleting the data concerning the participation in the Procurement Procedures visible to the Procurement Platform Administrator, and in particular:

a) the offer inquiries received;

b) the Commercial Offers submitted in response to inquiries and in electronic auctions;

c) communications in the context of ongoing proceedings.

7. Termination of the Agreement for access to the Procurement Platform does not affect the validity and content of other agreements concluded between the Procurement Platform Administrator and the Supplier. 

 

PART II

PARTICIPATION IN PROCUREMENT PROCEDURES

 

§ 9

Auctions and offers in auctions

1. Electronic auctions conducted on the Procurement Platform are not auctions within the understanding of the Civil Code

2. The Supplier is bound by the last Commercial Offer made during an electronic auction, regardless of the fact of being outbid by a different supplier.

3. The Supplier is bound by the content of the Commercial Offer they submitted in the auction within the time period and under the conditions specified in the given auction.

4. The type of the auction used and the principles for its conduct using the Procurement Platform are defined by the Procurement Platform Administrator, determining in particular:

a) the subject matter and performance requirements of the auction;

b) offer evaluation criteria;

c) the opening date and the closing date and conditions of the auction;

d) the minimum bids;

e) the term and conditions of being bound by an offer;

f) the conditions for participation in the auction.

5. The information referred to above will be available to Suppliers in the invitation to the electronic auction

6. Instructions for participating in an electronic auction will be available in the electronic auction invitation.

7. In the course of the auction, the offer price or rating of the offer submitted by the Supplier and the price of the offer or the rating of the most favorable offer is presented

8. The Procurement Platform Administrator reserves the right not to disclose the number, names of the suppliers and persons participating in the auction, and the value or scoring of commercial offers.

9. The Procurement Platform Administrator has the right to change the conditions or call the auction off before it starts, and the right to cancel or withdraw from the auction, in whole or in part, even after its completion, and the right to end the auction at any time without making a selection

10. The Procurement Platform Administrator reserves the right to make the final selection of the supplier. Ending an auction is not tantamount to selecting a winning bid.

11. The auctions are conducted in net or gross prices – the terms and conditions for the submission of offers are determined by the Procurement Platform Administrator. 

12. The Procurement Platform Administrator reserves the right not to respond to the Commercial Offers submitted. No response within the period of being bound with the offer means that the Trade Offer was not accepted for execution.

 

§ 10

Offer Inquiries and Commercial Offers

1. The Supplier is bound by the content of the Commercial Offer they submitted within the time period and under the conditions specified in the Offer Inquiry

2. At all times, the Procurement Platform Administrator is entitled to change the conditions or call off or withdraw from or cancel, in full or in part, an offer inquiry submitted using the Procurement Platform.

3. The Procurement Platform Administrator decides whether a Seller, on behalf of a Supplier, has the ability to amend already submitted Commercial Offers prior to the deadline for submission of offers.

4. Commercial Offers submitted after the submission deadline may not be considered for selection.

5. The Commercial Offers are made in net or gross prices – the terms and conditions for the submission of offers are determined by the Procurement Platform Administrator.

6. The Procurement Platform Administrator reserves the right not to respond to the Commercial Offers submitted. No response within the period of the offer means that the offer was not accepted for execution.

7. The Procurement Platform Administrator reserves the right to make the final selection of the supplier.

 

§ 11

Approval of offer selection results, basis for execution

1. The results of selection of Commercial Offers are subject to approval by the Procurement Platform Administrator.

2. The Procurement Platform Administrator reserves the right to cancel the proceeding in whole or in part if:

a) the price of the most favorable offer exceeds the amount allocated by the Procurement Platform Administrator for financing the order;

b) placing an order is not in the interest of the Procurement Platform Administrator;

c) the procedure has a defect which makes it impossible to conclude a valid agreement.

3. Suppliers or Sellers will be notified about the results of the selection of offers electronically.

4. The basis for the execution of the accepted Commercial Offer will be an agreement signed by the Procurement Platform Administrator or a written order sent to the Supplier within the period of being bound by a Commercial Offer.

5. The Supplier is not entitled to appeal against the results of the selection of offers except when it is otherwise defined in the documentation relating to the Procurement Proceeding.

 

 

PART III

FINAL PROVISIONS

 

§ 12

Trade secret

The Procurement Platform Administrator reserves that all technical, technological and organizational information of the Procurement Platform Administrator or other information of economic value to the Procurement Platform Administrator, which, as a whole or in a particular combination and set of elements are not generally known to people usually dealing with that type of information or are not easily accessible to such people, but made available to the Seller or the Supplier in connection with the use of the Procurement Platform constitute a legally protected trade secret of the Procurement Platform Administrator, unless the Seller or the Supplier and the Procurement Platform Administrator decide otherwise in writing under pain of invalidity.

 

 

§ 13

Final provisions

1. The Regulations become binding for the Supplier when an Account is registered on the Procurement Platform.

2. The Procurement Platform Administrator may suspend an Account for a definite or indefinite period of time in the case where actions of a Supplier or a Seller:

a) violate the provisions of the Regulations, 

b) are contrary to law or morality;

c) negatively affect the image of the Procurement Platform or the Procurement Platform Administrator;

d) harm the Procurement Platform Administrator in any other way.

3. In matters not covered by the Regulations, the relevant provisions of the Civil Code shall apply.

Disputes between the Suppliers and the Procurement Platform Administrator shall be resolved by courts with jurisdiction over the seat of the Procurement Platform Administrator.