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ZE PAK S.A. Purchasing Platform Terms of Use of 15.06.2018

1. Definitions:

Definitions used in the Terms of Use mean as follows:

Rules - these Rules of use of the Procurement Platform.

Procurement Platform - a closed Internet service made available to the Organizer by the Operator.

Administrator Systemu – Logintrade S.A., z siedzibą we Wrocławiu, 54-203 Wrocław, ul. Legnicka 57D, lokal B/J, wpisaną do Krajowego Rejestru Sądowego, prowadzonego przez Sąd Rejonowy dla Wrocławia-Fabrycznej VI Wydział Gospodarczy KRS, pod numerem 0000438056, NIP 8942953589, REGON 020811830.

Platform Operator – LT Serwis sp. z o.o. with its registered office in Warsaw, 00-644 Warsaw, ul. Polna 48/11, entered in the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the number 0000311815, Tax Identification Number (NIP) 8992656072, REGON 020811361 - entity responsible for issues related to the processing of personal data, in particular: receiving and handling applications, communication with the Supplier and the Buyer, managing the Supplier's database, etc..

Organiser – Zespół Elektrowni Pątnów-Adamów Konin SA (joint stock company), with its registered office in Konin, 62-510 Konin, ul. Kazimierska 45, entered into the National Court Register, kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, the 9th Commercial Department, under the National Court Register (KRS) number 0000021374, the tax identification number (NIP) 665-000-16-45, the Registry of National Economy (REGON) number 310186795.

Ordering Party - a company of the ZE PAK Group, on behalf of which the Ordering Party has submitted an Offer Inquiry or organized an electronic auction.

Supplier – depending on the context: an entity or its authorised representative, to whom the enquiry is sent and who, being the Purchasing Platform’s User, submits commercial offers or takes part in Auctions as a seller of goods or services.

Account – a unique name (login) that specifies a set of resources and permissions within the Purchasing Platform tied to a specific User. Access to the account is password-protected.

User - a natural person who has accepted the terms of these Rules, for whom an Account has been created, by means of which they have access to services provided as part of the Procurement Platform.

Buyer – a User, who is an employee of the Organiser, which provides enquiries, collects commercial offers, and organises Electronic auctions.

Electronic Auction, Auction – a procedure, in which the Suppliers submit another more favourable offers subject to automatic classification on the basis of the price or other parameters defined by the Buyer on the Purchasing Platform.

Enquiry – a request to the Supplier to present the conditions, information, or suggestions in relation to the needs and conditions in the enquiry.

Commercial Offer – the Supplier’s declaration of intent submitted within the deadline set by the Buyer to receive offers in response to the Enquiry on the Purchasing Platform.

Offer in an auction - a declaration of will of the Supplier submitted in the course of an Auction on the Procurement Platform. If in the course of an Auction the Supplier submits many offers, the offer submitted previously is no longer binding within the scope in which they make a more favorable offer.

Offer – a Commercial Offer or a Bid.

2. Rules of using the Procurement Platform :

  1. Procurement Platform is a website available to registered Users only, within which electronic auctions are organized, offer inquiries are sent, trade offers are submitted and other services associated with trade are provided.
  2. A User may be a natural person authorized to represent a legal person or an organizational unit which does not have a legal personality and which, on behalf of the organization it represents, accepts the provisions of the Rules and registers on the Procurement Platform..
  3. Registration and participation in the proceeding on the Purchasing Platform is free of charge.
  4. The subject of an enquiry, a commercial offer, as well as an auction may not be products or services contrary to law.
  5. Any actions hampering functioning or destabilising the Purchasing Platform are prohibited.

3. Auctions and Bids:

  1. Electronic auctions conducted on the Purchasing Platform are not auctions within the meaning of the Civil Code.
  2. Supplier is bound by the last trade 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 Auction Offer they submitted within the time period and under the conditions specified in the given Auction.
  4. The Buyer defines the type of the used Auction and the principles of its conduct using the Purchasing Platform, specifying in particular:
    1. the subject of the Auction and requirements referring to completion conditions,
    2. offer evaluation criteria,
    3. opening date as well as date and conditions of closing the Auction,
    4. minimum increment values,
    5. offer validity period and conditions,
    6. conditions of participation in the Auction.
  5. The information referred to above is available to the Suppliers in an invitation to an Electronic Auction.
  6. Instructions on participating in an electronic Auction are available in the invitation to the electronic Auction.
  7. In the course of the Auction, the price or the point evaluation of the offer submitted by the Supplier is presented.
  8. The Buyer reserves the right not to disclose the number and names of the Suppliers and the value or point evaluation of the commercial offers.
  9. The Buyer has the right to change the conditions of or to cancel the Auction before its commencement, as well as to invalidate or to withdraw from the Auction, fully or partially, also after its completion, and to finish the Auction without selection.
  10. The Contracting Party reserves the right to final selection of the Supplier. The Auction’s completion is not tantamount to granting the adjudication.
  11. The Auctions are conducted in net or gross prices – the Buyer specifies the Offer submission principles and conditions.
  12. The Buyer reserves the right to not respond to the submitted offers. The lack of a response within the offer validity period means that the offer was not accepted for completion.

4. Enquiries and Commercial Offers:

  1. The Supplier is bound by the content of the Commercial Offer submitted within the deadline and on the conditions indicated in the Enquiry.
  2. The Buyer shall have the right, at any time, to change the conditions or to cancel or revoke, in whole or in part, the enquiry submitted using the Purchasing Platform.
  3. The Buyer decides about the possibility to change the commercial offers submitted by the Suppliers before the offer submission deadline.
  4. The Offers submitted after the offer submission deadline may not be taken into consideration in the offer selection.
  5. The Commercial offers are submitted in net or gross prices – the Buyer specifies the Offer submission principles and conditions.
  6. The Buyer reserves the right to not respond to the submitted offers. The lack of a response within the offer validity period means that the offer was not accepted for completion.
  7. The Purchaser reserves a right to finally select a Supplier

5. Confirmation of bid selection results, basis for realization:

  1. The Buyer reserves the right to revoke, in whole or in part, the conducted proceeding if:
    1. the price of the most favourable Offer is higher than the amount that the Contracting Party spent to finance the order,
    2. placing the order is not in the Contracting Party’s interest,
    3. the proceeding has a defect, which prevents the correct conclusion of an agreement.
  2. The results of the offer selection are subject to approval by the Contracting Party.
  3. The Suppliers will be informed by email about the results of the offer selection.
  4. The basis for implementation of the accepted offer will be the agreement signed by the Contracting Party and the Supplier or the written order sent to the Supplier within the offer validity period.
  5. The Supplier is not entitled to appeal against the results of the offer selection except where otherwise was defined in the documentation on the purchasing procedure.

6. Obligations and Responsibilities of the Operator:

  1. The Operator provides continuous services of providing the Purchasing Platform, with the exception of maintenance breaks necessary for proper functioning of the service.
  2. The Operator is obliged to inform all the Users if the additional paid services on the Purchasing Platform are introduced and not to charge any additional fees without ordering a service by the Users.
  3. Subject to limitations imposed by generally applicable law, the Operator is not responsible for damages arising in connection with this website or its use or inability to use by any User or in connection with any improper operation, errors, lacks, interferences, defects, delays in operation or transmission, a computer virus, a connection or system failure.
  4. The Operator shall not be liable for the Users' behavior within the service or for improper performance or non-performance of the agreements concluded as a result of the Auctions or submitted commercial offers, as well as shall not be liable for the consequences of actions taken by Users and third parties, which constitute a breach of the provisions of the Rules.
  5. In particular, the Operator is not responsible for:
    1. quality, security, or legality of the goods or services provided by the Suppliers,
    2. authenticity and truthfulness of the information provided by the Users,
    3. failure to conclude the agreement by the Contracting Party or the Supplier,
    4. difficulties or inability to participate in the Auction or to submit an offer for reasons beyond the Operator's control,
    5. damages resulting from non-performance or improper performance of the agreements concluded via the Purchasing Platform, as well as damages resulting from actions or omissions of other Users.
  6. The Operator is not responsible for the disclosure of an account name and password to the Procurement Platform by the Supplier to a third party.
  7. The Operator is entitled to present the information on the Enquiries and the organised Auctions in a form agreed with the Organiser.
  8. The Operator is not permitted to:
    1. modify the content published by the Buyers on its own,
    2. interpret the content published by the Buyers for the Suppliers’ representatives,
    3. provide additional information on the Enquiries and the Auctions (including their progress and results) other than those published by the Buyer on the Purchasing Platform.
  9. The Operator is not a party to the agreements entered into between the Ordering Party and the Supplier and in particular shall not be liable for any claims of the parties of the agreement concluded as a result of an Auction or on the basis of offer inquiries sent and commercial offers submitted using the Procurement Platform.
  10. The Operator is not a competent to settle the disputes between the Contracting Party and the Supplier.
  11. The disputes between the Suppliers and the Operator shall be settled by the courts competent for the city of Wrocław.

7. Reservations of the Contracting Party and the Organiser

  1. The Contracting Party and the Organiser reserve the right to modify the content of the order specification at any time prior to the offer submission deadline.
  2. The Ordering Party and the Organizer reserve the right to limit the scope of supply and to withdraw from the offer selection process and close the proceedings without giving reasons at any stage. The Supplier shall have no claim against the Ordering Party and the Organizer in this respect.
  3. Each subsequent offer submitted by the Supplier on the Purchasing Platform must be more favourable than its previous one for the Contracting Party every time. Otherwise, the Buyer representing the Contracting Party has the right to disqualify it.
  4. Any risk resulting from erroneous calculation or erroneously entered offers in the proceeding lies with the Supplier.
  5. The Supplier, by participating in the proceeding, incurs all costs related to the preparation and submission of the offer and is not entitled to any claims against the Contracting Party and the Organiser.
  6. It is necessary to accept and submit the offer in accordance with the requirements specified by the Contracting Party and the Organiser in the proceeding. Any deviation from the above principles may be made by the Supplier only upon the consent of the Contracting Party or the Organiser.
  7. The Offer should be submitted via the Purchasing Platform and any offers submitted outside it or after elapse of the offer submission deadline may not be taken into consideration when selecting the offers.
  8. The Offers submitted on the Purchasing Platform are accepted only on the offer forms of the Purchasing Platform, which comprise an integral part of the Enquiry. The Suppliers may enclose attachments that are the part of the commercial offer and the documents required in the Enquiry to the offer forms.
  9. The Ordering Party reserves the right to freely choose the supplier.
  10. If the Supplier whose offer was selected as the most favorable evades from the conclusion of an agreement or execution of the order, the Ordering Party may choose the most favorable offer from all other valid offers, without conducting their reassessment.
  11. The Supplier, who refuses to conclude an agreement or complete an order, may be charged by the Contracting Party with a liquidated damage in the amount of the costs resulting from the price difference between the own offer and the offer selected by the Contracting Party. Moreover, the Suppler may be also be charged with all other costs that may arise as a result of the refusal. The Contracting Party has the right to claim supplementary compensation, above the reserved liquidated damage on the general principles of the civil law.

8. Personal Data Protection:

  1. The controller of the Users' personal data is Zespół Elektrowni Pątnów - Adamów - Konin SA, ul. Kazimierska 45, 62-510 Konin.
  2. In matters related to data protection, you should contact the Data Protection Inspector via e-mail: od@zepak.com.pl, telephone: 63 247 34 25..
  3. Users' data are processed on the basis of their consent, given during registration in order to use the services available on the Procurement Platform.
  4. Personal data may be transferred by the Administrator to other entities for the purpose and to the extent necessary for the proper performance of the provisions of these Rules and the functioning of the Procurement Platform (companies: Grupy Kapitałowe ZE PAK, Administrator Systemu, Operator Platformy).. If necessary, personal data may be made available to entities authorised by law..
  5. Personal data will be stored until the time necessary to perform the service or to establish, assert or defend claims and will be archived in accordance with the provisions of law in this respect.
  6. The User has the right to access the content of your personal data and to rectify, erase or limit the processing thereof, and the right to object to the processing and the right to transfer the data.
  7. The User provides his personal details voluntarily, however their provision is a necessary condition to use the Procurement platform..
  8. The User has the right to withdraw your consent to the processing of your data at any time. The exercise of the right of withdrawal shall not affect processing carried out on the basis of the consent prior to the withdrawal.
  9. The User has the right to make a complaint with the supervisory authority (the President of the Office for Personal Data Protection), if, in their opinion, the processing of their personal data violates the provisions of the EU regulation on personal data protection - the GDPR.
  10. The administrator of personal data does not enable the use of services indicated in these Rules anonymously or with the use of a pseudonym..
  11. The administrator of personal data provides protection of personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (OJ L L 119, 4 May 2016) and national legislation.

9. Enterprise Secret:

  1. The Ordering Party and the Organizer stipulate that any technical, technological, organizational information of the companies of Ordering Party and the Organizer undisclosed to the public in accordance with the law, or other information having commercial value for the Ordering Party and the Organizer made available to the Supplier’s representatives in connection with using the Procurement Platform are legally protected business secrets of the Ordering Party and the Organizer, unless the Ordering Party and the Organizer agreed otherwise in writing under pain of nullity..

10. Final Provisions:

  1. The Rules become binding towards the User the moment they register in the Organizer’s Supplier base and create an account on the Procurement Platform.
  2. The Operator may suspend the Account for a definite or indefinite period in the event that the User’s actions violate provisions hereof, negatively affect the website’s image or otherwise harm the Operator or the Organiser.
  3. In all matters not settled by these Terms of Use, the proper provisions of the Civil Code as well as provisions of acts of law, and executive regulations issued on their basis shall apply.