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TERMS AND CONDITIONS OF THE “MEMBER GETS MEMBER” PROMOTION FOR THE REGISTERED AND NEW USERS OF THE MERXU SHOPPING PLATFORM

§ 1. GENERAL PROVISIONS

  1. The purpose of the Member Gets Member promotion (hereinafter referred to as the “Promotion”) for the users of the merXu shopping platform www.merxu.com is to promote the merXu platform for purchase and sale of products among its users and market entities (hereinafter referred to as the  “Platform”). 
  2. The organizer of the Promotion is merXu sp. z o.o. with its registered office in Poznań (61-803), ul. Św. Marcin 11/7, 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 5,000 (hereinafter referred to as the “Organiser”). 
  3. 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. 
  4. 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.
  5. 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 the conditions set forth in the Terms and Conditions. 
  6. The Promotion applies to the purchase of products sold on the merXu Platform for a defined minimum amount, during the period from March 1, 2022 until the pool of Monetary Bonuses in the Promotion has been exhausted, but no later than June 30, 2021 (hereinafter referred to as the “Promotion Period”). The Organizer of the Promotion may decide to extend the Promotion Period.
  7. The Promotion is conducted via website of the merXu shopping Platform: www.merxu.com and applies to Promotional Purchases made via the Platform in all countries where it operates, i.e. Poland, Estonia, Lithuania, Slovakia, Germany, Romania, Hungary and Czechia.
  8. 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”). 
  9. Member get member promotion can be combined with other promotions of the Organizer.

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

  1. The Promotion is addressed to the users of the merXu shopping Platform registered on the merXu shopping Platform before the beginning of the Promotion Period (hereinafter referred to as the “Recommending Participant”) and to new users - business entities registered on the recommendation of the Recommended Participant during the Promotion Period (hereinafter referred to as either "Recommended Customer-Buyer" or Recommended Customer-Seller") on the terms and conditions described in § 2.2-2.19.
  2. Participation in the Promotion is voluntary.  
  3. The Promotion Participant cannot be an employee or contracting party of the Organizer, neither present nor former, nor their family members.
    3.1 An employee is considered to be an individual employed on the basis of an employment contract, contract of mandate or a specific task contract, while the contracting party is considered to be an individual employed on the basis of other legal title, including civil law contract, who has registered on the Platform in their own name and on their own behalf, and has become its user
  4. All the following conditions need to be met by the Participant willing to participate in the Promotion:
    4.1 (i) Recommending Participant, not later than during the Promotion Period appoints one or more business entities, interested in registering on merxu.com by providing him/her individual recommendation link, which can be found in the My Account - My Company - Contacts tab on the merXu website (Recommended Customer-Buyer) or (ii) appoints one or more business entities, interested in registering on merxu.com and in listing at least 1 service or 1000 of their products which by their nature belong to any of merXu existing categories by  providing him/her the individual recommendation link, which can be found in the My Account - My Company - Contacts tab on the merX website (Recommended Customer-Seller).
    4.2 (i) One or more Recommended Customer-Buyer will register on merxu.com shopping platform by using individual recommendation link obtained from the Recommending Participant and make a purchase during the Promotion Period in accordance with the conditions set out in article 4.3. (i) below, or (ii) one or more Recommended Customer-Seller will register on merxu.com shopping platform by using individual recommendation link obtained from the Recommending Participant and also during the Promotion Period will list on merXu at least 1 service or 1000 offers with his/her products which by their nature belong to any of merXu existing categories to the conditions referred to in Article 4.3 below.
    4.3 During the Promotion Period the Recommended Customer-Buyer makes one or more Purchases through the merxu.com shopping platform for the amount not less than PLN 1000,00 ( thousand) PLN net, or respectively EUR 200 ,00 (two hundred) net, or CZK 6000.00 (six thousand) net or HUF 70 000 (seventy thousand) net, or 1000,00 (one thousand) RON net,  in one single transaction (hereinafter referred to as the: „Promotion Purchase of the Recommended Customer-Buyer) or (ii) during the Promotion Period, the Recommended Customer-Seller will list at least 1 service or 1000 offers with his/her products, which by its nature belong to any of existing merXu categories, and then within 2 months after his/her registration on the Platform the Recommended Customer-Seller concludes in total at least 20 transactions with at least 10 different buyers  in the total amount not less than EUR 1, 100 (one thousand and one hundred) net or respectively PLN 5,000 (five thousand) net or CZK 27,000 (twenty seven thousand) net or HUF 400,000 (four hundred thousand) net, or RON 5,000 (five thousand) net. In the case of listing a service or offers with products that do not belong by their nature to any of the existing merXu categories (especially clothing, consumer goods, etc.), the Recommending Participant will not be entitled to get the Monetary Bonus.
     
  5. During the Promotion Period, the Recommending Participant may receive (i) bonus in amount of PLN 150.00 (one hundred and fifty) or EUR 35.00 (thirty five), CZK 850.00 (eight hundred and fifty), HUF 14 000 (fourteen thousands) or RON 150 (one hundred and fifty) respectively for each first purchase by successfully recommended Recommended Customer-Buyer and PLN 75 (seventy five) or EUR 16 (sixteen), CZK 400 (four hundred), HUF 6 000 (six thousands), RON 75 (seventy five) respectively, for each subsequent purchase of the Recommended Customer-Buyer made at the offer submitted by Recommending Participant and (ii) bonus in amount of PLN 2,300 (two thousand and three hundred), or respectively EUR 500 (five hundred) or CZK 12,000 (twelve thousand) or HUF 180 000 (one hundred eighty thousand) or RON 2,300 (two thousand and three hundred), for each Recommended Customer-Seller (hereinafter referred to as the “Monetary Bonus”) provided that the conditions set out in § 4.1 - 4.3 above are met. Nevertheless the bonus for subsequent purchase of the Recommended Customer-Buyer made at the offer submitted by Recommending Participant may only be paid for each Recommended Customer-Buyer twice to the Recommending Participant within the one calendar month.                                                                                                                              
  6. During the Promotion Period, the Recommended Customer-Seller may receive bonus in amount of PLN 2,300 (two thousand and three hundred), or respectively EUR 500 (five hundred) or CZK 12,000 (twelve thousand) or HUF 180 000 (one hundred eighty thousand) or RON 2,300 (two thousand and three hundred) if the conditions set out in § 2 paragraph 4.3 of part (ii) are met.
  7. The maximum accumulated amount of the Monetary Bonus allowed per Recommending Participant or Recommended Customer-Seller is PLN 15,000 (fifteen thousand) or respectively EUR 3,300 (three thousand and three hundred), CZK 80,000 (eighty thousand), HUF 1 200 000 (one milion and two hundred thousand), or RON 15,000 (fifteen thousand) within one calendar month.
  8. Recommending Participant and Recommended Customer-Seller will receive his/her Monetary Bonus  in the form of a bank transfer to the company bank account indicated by the Participant on its merXu Platform account in a tab My account – company profile. 
  9. The pool of Monetary Bonuses in the Promotion is PLN 250,000.00  two hundred fifty thousand). The Organizer may decide to increase the pool of Monetary Bonuses in the Promotion.
  10. 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. 
  11. 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.
  12. The value of Promotional Purchases entitling 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. 

    12.1 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).

  13. The condition for receiving the Monetary Bonus is to submit the Promotion Purchase Application by the 15th day of the month following the month for which the Monetary Bonus is paid by sending an application to the e-mail address pomoc@merxu.com and (hereinafter referred to as the "Promotion Purchase Application" or “Entry”). At the Organiser's request, in order to confirm the transaction, the Promotion Participant should supplement the application with transport documents, including CMR / AWB in the case of intra-Community delivery of goods.
  14. In the Promotion Purchase Application, the Recommending Participant is obliged to provide:
    a) Business entity details, including address, NIP (tax identification number), KRS number [or number of entry in the relevant register];
    b) The company bank account number of the Recommending Participant to which the Bonus will be transferred, which should be consistent with the bank account number indicated in his user account on the MerXu Platform in the My Account tab - company profile;                                                            c) information about the subsequent purchase of the Recommended Participant made at the offer submitted by Recommending Participant according to the terms and conditions stipulated in § 4.1-4.3 above  including: the date of purchase, full business name of the Recommended Participant who made the purchase, the number of the appropriate order published on the merXu Platform and the number of the appropriate  sales document (invoice);                                                                                d) a legible scan or photograph of the sales document (invoice) relating to the entered Promotional Purchase. 

  15. In the Promotion Purchase Application, the Recommended Customer-Seller is obliged to provide:

    • Business entity details, including address, NIP (tax identification number), KRS number [or number of entry in the relevant register];
    • the company bank account number of the Recommended Customer-Seller to which the Bonus will be transferred, which should be consistent with the bank account number indicated in his user account on the MerXu Platform in the My Account tab - company profile;
    • information that the all conditions set out in § 2 paragraph 4.3 of part (ii) were met including: the numbers of orders (transactions) published on the merXu Platform; 
    • a legible scan or photograph of the sales documents (invoices) relating to the transactions which are subject to this Promotion.
  16. The promotion Organizer will verify the registration of Recommended Participants who used individual recommendation links once a month, by the 15th day of the month following the month in which the Recommended Participant registered.
  17. The data provided in the Application should be consistent with the data shown in the attached documents.

  18. Immediately upon receipt of the Entry by the Organizer, a confirmation of receipt of the Entry shall be sent to the Participant's e-mail address provided in the Entry. This confirmation is of technical nature and does not constitute the right to receive the Monetary Bonus.

  19. 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 REDEEMING THE MONETARY BONUS  IN THE PROMOTION

  1. The Participant shall be entitled to the Monetary Bonus  provided that it has correctly made the Entry and provided that the pool of Monetary Bonuses in the Promotion has not been exhausted. 
  2. Monetary Bonuses are awarded to Participants in the order of correct Entries to the Promotion. 
  3. If the pool of Monetary Bonuses in the Promotion has been exhausted, no Monetary Bonus  shall be awarded. In this case no further Entries shall be accepted. 
  4. An Entry of a Promotional Purchase shall be verified by the Organiser within 30 (thirty) 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 . 
  5. Information on whether the Monetary Bonus  has been awarded or not shall be sent to the e-mail address provided in the Entry. 
  6. 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.
  7. 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. 
  8. In cases where the Organiser receives an Entry of a Promotional Purchase made using the same Proof of Purchase already entered by another Participant, the Organiser shall take into account only the first correct Entry.
  9. Monetary Bonuses shall be paid within 14 (fourteen) days of the Organizer's positive verification of the Entry of the Promotional Purchase or verification of the registration of Recommended Participant who used individual recommendation link. 
  10. The Monetary Bonus  shall be paid to the Participant by transfer to its bank account number provided on its merXu Platform account in a tab My account – company profile. 
  11. The Monetary Bonus  shall not be paid in a form other than by transfer to the Participant's bank account. The Monetary Bonus  also shall not be redeemable for any equivalent e.g. voucher, gift card.
  12. The Participant may not transfer the right to receive the Monetary Bonus  to a third party. 
  13. The Organiser hereby informs that as at the date of launch of the Promotion, under the tax law regulations any tax obligations regarding the income tax on the Monetary Bonus  shall be the responsibility of the Promotion Participant. 
  14. 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

  1. All claims may be filed with the Organiser August 31, 2022 at the latest. 
  2. 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.
  3. Claims shall be handled within 14 days from the date of their receipt. 
  4. The Participant shall be informed of the outcome of the claims procedure by mail, as appropriate. The claimant shall be informed in writing about the decision by a registered letter sent to the address provided in the claim within 7 days from the date of handling the claim. The Organiser may also notify about the decision by e-mail. 
  5. 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

  1. 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.
  2. The Controller of personal data of Promotion Participants is the Organiser who can be contacted:
    a) in writing to the address indicated in § 1 clause 2 hereinabove or
    b) by e-mail to pomoc@merxu.com.
  3. Personal details of Participant will be processed for to purpose of:
    a) carrying out the Promotion, which shall in particular mean acceptance of an Entry, performing verification of the Entries, awarding and transferring Monetary Bonuses – it shall be based on the Controller's legitimate interest (Article 6(1)(b) of the GDPR), 
    b) handling claims – based on legal obligations imposed on the Controller by Article 6(1)(c) of the GDPR;
    c) 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.
  4. 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.  
  5. 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. 
  6. 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 Bonuses or IT, accounting or legal services.
  7. The Participant has:
    a) the right of access to personal data under the terms of Article 15 of the GDPR; 
    b) the right to request rectification of personal data under the terms of Article 16 of the GDPR;
    c) the right to request erasure of personal data under the terms of Article 17 of the GDPR;
    d) the right to limitation of processing under the terms of Article 18 of the GDPR.
  8. 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.
  9. 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

  1. The Terms and Conditions shall be available on the Platform website www.merxu.com during the Promotion Period. 
  2. 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. 
  3. 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.
  4. Information about changes to the Terms and Conditions shall be published on the Platform website.
  5. 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. 
  6. 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. 
  7. The Terms and Conditions shall come into force on the date of their publishing on the Platform website.
  8. The Terms and Conditions have been drawn up in Polish, English, Czech, Lithuanian, Slovak. Hungarian, Romanian, German and Estonian language versions. In case of any discrepancies between the language versions the Polish version shall prevail.