TERMS AND CONDITIONS OF THE “CASHBACK: Next Purchase”

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TERMS AND CONDITIONS OF THE “CASHBACK: Next Purchase” PROMOTION FOR THE REGISTERED USERS OF THE MERXU SHOPPING PLATFORM

§ 1. GENERAL PROVISIONS

The purpose of the Cashback: Next Purchase promotion (hereinafter referred to as the “Promotion”) for the users of the merXu shopping platform www.merxu.com is to promote the second and subsequent purchases on the merXu platform for purchase and sale of products among its users and market entities (hereinafter referred to as the “Platform”).
The organizer of the Promotion is merXu sp. z o.o. with its registered office in Poznań (61-8), ul. Garbary 35/9, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register, under KRS number: 0000835832, NIP [Tax Identification Number]: 7792514527, with the share capital in the amount of PLN 1 500 000,000 (hereinafter referred to as the “Organiser”).
The terms and conditions define the rules of participation in the organized Promotion and contain the relevant rules of conduct which the Promotion participant accepts at the time of joining the Promotion.
The terms and conditions (hereinafter referred to as the “Terms and Conditions”) shall be governed by the laws generally applicable in Poland, subject to the mandatory provisions of the laws of the individual countries in which the Platform operates, which shall apply to the concluded Promotional Purchases and the organised Promotion. The Terms and Conditions are available for Platform users in electronic form on the website www.merxu.com and via e-mail message.
The Promotion is carried out by the Organiser as a public promise within the meaning of Articles 919-921 of the Civil Code. The Organizer is the entity which promises the reward within the meaning of Article 919 of the Civil Code, under to the conditions set forth in the Terms and Conditions.
The Promotion applies to the second and subsequent purchases of products sold on the merXu Platform during the period from 4 December 2024 until the pool of Monetary Bonus in the Promotion has been exhausted, but no later than 31 March 2025 (hereinafter referred to as the “Promotion Period”). The Organizer of the Promotion may decide to extend the Promotion Period.
For the purpose of the Promotion, the date of the Promotional Purchase shall be the date of sale indicated on the proof of purchase. A proof of purchase for the purpose of the Promotion shall be: an invoice and a VAT invoice (hereinafter referred to as the “Proof of Purchase”).

§ 2. PROMOTION PARTICIPANTS, CONDITIONS OF PARTICIPATION AND MONETARY BONUS

The Promotion is addressed to the users of the merXu shopping Platform registered on the merXu shopping Platform before and during the Promotion Period (hereinafter referred to as the “Participant”).
Participation in the Promotion is voluntary.
The Promotion Participant cannot be an employee of the Organiser. An employee shall be understood as a person employed on the basis of any legal title, including employment relationship or civil law agreement, who has registered on the Platform in their own name and on their own behalf, and has become its user.
A condition of participation in the Promotion is that the Participant makes a subsequent (second) purchase or purchases (second, third and subsequent) of products sold via the merXu Platform for an amount of at least EUR 10,000 (ten thousand) (hereinafter referred to as the “Promotional Purchase”)
Whenever in these terms and conditions or in communications related to the Promotion, amounts are expressed in euro (EUR), other European currencies supported on the Platform (Polish zloty, Czech koruna, Hungarian forint, Romanian lei) also apply. To convert the value of the Promotional Purchase, the conversion rate of the National Bank of Poland from the date indicated on the Proof of Purchase is used.
Correctly completed and accepted Entries of Promotional Purchases are revardes by post-sale discount (hereinafter referred to as the “Monetary Bonus”) after making an Entry of the Promotional Purchase, by way of an after-sale Monetary Bonus in the form of a credit note, to the bank account indicated by the Participant on its merXu Platform account in a tab My account – company profile.
Monetary Bonus amounts depend on the amount of reported purchases (always excluding the first purchase on the Platform):
1. Entries from EUR 10,000 to EUR 30,000 are promoted with a Monetary Bonus of EUR 250
2. Entries from EUR 30,000 to EUR 50,000 are promoted with a Monetary Bonus of EUR 350
3. Entries over EUR 50,000 are promoted with a Monetary Bonus of EUR 500
The amounts of the Proof of Purchase may be added up and may be reported jointly as one Entry by the Participant. Thus, e.g., Promotional Purchases for the amount of EUR 28,500 and EUR 3,000 submitted to the Promotion in total, entitle the Participant to the Monetary Bonus of EUR 350
The pool of Monetary Bonus in the Promotion is 50,000.00 EUR (fifty thousand).
The value of the promotional purchases entitled to receive a Monetary Bonus does not include: transactions made between Related Entities (including capital or personal), transactions with a purpose other than the actual transfer of ownership of the goods, and transactions that violate the principles of community life and public decency.
1. By related entity we understand: parent company, a significant investor, subsidiaries, co-subsidiaries, associated parties, shareholders of a co-subsidiary and parties which are under joint control with the entity (Article 3(1)(43) of the Polish Accounting Act).
If the Participant withdraws from the Promotional Purchase pursuant to the binding provisions of law allowing for such rescission by the buyer without giving a cause, the Participant shall not be entitled to receive the Monetary Bonus. A Participant who has received a Monetary Bonus contrary to the above stipulation shall return it to the bank account from which it has received the Monetary Bonus within 3 days after submitting a declaration on withdrawal from the Promotional Purchase contract.
However, the above limitation shall not apply if the Promotional Product is returned in exercise of the buyer's right to withdraw from the contract in accordance with generally applicable law due to a defect in the product.
In order to participate in the Promotion and receive the Monetary Bonus, the Promotion Participant shall make an entry of a Promotional Purchase by adding a Proof of Purchase to the user dashboard (hereinafter referred to as the “Entry”) and by filling in the dedicated Promotion form.
Entries to the Promotion shall be accepted during the Promotion Period until the pool of Monetary Bonus has been exhausted. It is not possible to enter a Promotional Purchase and receive a Monetary Bonus after this period.
The Participant may only receive one Monetary Bonus per Entry.
The Participant can take advantage of the Promotion only once per calendar month (once in December, January, February, and March), by sending one each month Entry.
The data provided in the Entry shall be consistent with the data shown in the attached documents.
Entries made against the provisions of the Terms and Conditions, including incomplete Entries and those which do not contain the required attachments, shall not be taken into consideration by the Organiser and shall not constitute the grounds for receiving a Monetary Bonus in the Promotion.

§ 3. RULES OF AWARDING AND PAYING THE MONETARY BONUS IN THE PROMOTION

The Participant shall be entitled to the Monetary Bonus provided that it has correctly made the Entry of the Promotional Purchase and provided that the pool of Monetary Bonus in the Promotion has not been exhausted.
Monetary Bonus is awarded to Participants in the order of correct Entries to the Promotion.
If the pool of Monetary Bonus in the Promotion has been exhausted, no Bonus shall be awarded.
An Entry of a Promotional Purchase shall be verified by the Organiser within 14 (fourteen) days of the date on which the Organiser has received the Entry for compliance with the Terms and Conditions. In the event that an Entry or a Promotional Purchase is found noncompliant with the Terms and Conditions at a later date, the Organiser reserves the right to claim a refund of the amount corresponding to the Monetary Bonus.
Information on whether the Bonus has been awarded or not shall be sent to the e-mail address provided in the Entry, as well as the status of the Entry is visible in the user’s panel in the promotions tab.
In the event of discovery of inaccuracies in the Entry consisting in the fact that the attached document is illegible, the Organiser may request the Participant to complete the Entry within a minimum of 7 (seven) days by sending a legible attachment otherwise the Entry shall be deemed incorrect and the Monetary Bonus shall not be awarded.
In the case of doubts as to the correctness of the Entry, including the right to use the Promotion, the Organiser - within the time limit set for the verification of the Entry - may contact the entity making the sale as part of the Promotional Purchase in order to obtain the necessary information regarding the Promotional Purchase.
In cases where the Organizer receives a Promotional Purchase Entry made using the same Proof of Purchase that has already been submitted by another Participant, the Organizer will only take into account the first, correct Entry.
Bonus shall be paid within 5 (five) days of the Organizer's positive verification of the Entry of the Promotional Purchase.
The Monetary Bonus will be paid to the Participant by transfer to the bank account number provided in his user account on the merXu Platform in the My Account - Company Profile tab
The Monetary Bonus shall not be paid in a form other than by transfer to the Participant's company bank account. The Monetary Bonus also shall not be redeemable for any equivalent e.g. voucher, gift card.
The Participant may not transfer the right to receive the Monetary Bonus to a third party.
The Organiser hereby informs that as at the date of launch of the Promotion, under the tax law any tax obligations regarding the income tax on the Monetary Bonus shall be the responsibility of the Promotion Participant.
In case it is impossible to release the Monetary Bonus to the Participant or to collect it by the Participant due to reasons attributable to the Participant, such as in particular the Participant providing incorrect, incomplete, or false contact details or account number, the Monetary Bonus shall be forfeited and shall remain at the disposal of the Organizer.

§ 4. RULES OF CLAIMS PROCEDURE

All claims may be filed with the Organiser by 30 April 2024 at the latest.
The claims shall be sent by e-mail to the address: pomoc@merxu.com, with the e-mail title: “Claim”. The claim shall contain: name, surname, business name, exact address of the Participant, e-mail address, as well as indication of the reason for the claims and specific conduct by the Organiser.
Claims shall be handled within 14 days from the date of their receipt.
The claimant shall be informed in writing about the decision by e-mail.
The claims procedure is voluntary and does not exclude the right of the Participant to pursue claims in court, independent of the claims procedure.

§ 5. PERSONAL DATA PROCESSING

For the purpose of the Terms and Conditions, the GDPR shall mean the 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, and repealing Directive 95/46/EC.
The Controller of personal data of Promotion Participants is the Organiser who can be contacted:

in writing to the address indicated in § 1 clause 2 hereinabove or
by e-mail to pomoc@merxu.com.

Personal details of Participant will be processed for to purpose of:

carrying out the Promotion, which shall in particular mean acceptance of an Entry, performing verification of the Entries, awarding and transferring Monetary Bonus – it shall be based on the Controller's legitimate interest (Article 6(1)(b) of the GDPR),
handling claims – based on legal obligations imposed on the Controller by Article 6(1)(c) of the GDPR;
carrying out evaluation of the Promotion, including statistical analysis - the legal grounds for the processing of personal data is Article 6(1)(f) of the GDPR, i.e. the legitimate interest of the Controller.

Providing personal data is voluntary, however not providing them will render it impossible to participate in the Promotion and be awarded the Monetary Bonus. Data to the extent necessary to verify the Entry may also come from an entity which is a party to the Promotional Purchase and other companies from the Organizer's group.
The Organiser shall store the Participant's personal data for the period necessary to fulfil all obligations under the Terms and Conditions, and after the Promotion the personal data shall be stored for the period of the statute of limitations for claims relating to the Promotion, after which time they shall be deleted immediately.
Personal data of the Participant may be transferred to entities to which the Organiser subcontracts the performance of activities in the course of organising the Promotion on the basis of a personal data processing agreements, in particular to entities providing services related to the transfer of Monetary Bonus or IT, accounting or legal services.
The Participant has:

the right of access to personal data under the terms of Article 15 of the GDPR;
the right to request rectification of personal data under the terms of Article 16 of the GDPR;
the right to request erasure of personal data under the terms of Article 17 of the GDPR;
the right to limitation of processing under the terms of Article 18 of the GDPR.

The Participant also has the right to object to the data processing for the purpose referred to in clause 3 point c. hereinabove, under the terms of Article 21 of the GDPR.
If the Participant considers that its personal data during the Promotion are processed contrary to the provisions of law, it may lodge a complaint with the President of the Office for Personal Data Protection.

§ 6. FINAL PROVISIONS

The Terms and Conditions shall be available on the Platform website www.merxu.com during the Promotion Period.
The rules of carrying out the Promotion have been set forth exclusively in the Terms and Conditions. All promotional and advertising materials are for information purposes only.
The Organiser reserves the right to make changes to the Terms and Conditions in a situation where the need for such changes arises due to reasons beyond the Organiser's control, provided that such changes are justified by the purpose of the Promotion or do not violate the rights acquired by the Participants, and do not lead to worsening of the conditions of participation.
Information about changes to the Terms and Conditions shall be published on the Platform website.
In matters not regulated herein, the relevant provisions of Polish law shall apply, subject to the mandatory provisions of the laws of the individual countries in which the Platform operates, which shall apply to the concluded Promotional Purchases and the organised Promotion.
The court competent for handling disputes shall be the court competent for the registered office of the Organiser, subject to the mandatory provisions of the laws of the individual countries of the Promotion.
The Terms and Conditions shall come into force on the date of their publishing on the Platform website.
The Terms and Conditions have been drawn up in Polish and English language versions. In case of any discrepancies between the language versions, the Polish version shall prevail.