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TERMS AND CONDITIONS OF THE MONEY IS BACK PROMOTION FOR THE REGISTERED USERS OF THE MERXU SHOPPING PLATFORM


§ 1. GENERAL PROVISIONS

  1. The purpose of the Money is back 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 
  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 15 October 2021 until the pool of Monetary Bonus in the Promotion has been exhausted, but no later than 30 June   2022 (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, Czechia, Germany, Romania and Hungary.
  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. Money is back promotion cannot 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 and during the Promotion Period (hereinafter referred to as the “Participant”).
  2. Participation in the Promotion is voluntary.  
  3. The Promotion Participant cannot be an employee and contracting parties of the Organizer, both present and former.
    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. A condition of participation in the Promotion is that the Participant makes a purchase or purchases of products sold via the merXu Platform for an amount of at least PLN 1000.00(one thousand) net (hereinafter referred to as the “Promotional Purchase”) or EUR 250.00 (two hundred fifty ) net or CZK 6,000.00 (six thousand), or 80 000 (eighty thousands) HUF net, or 1 000 (one thousand) RON net respectively, during the promotion period. 
  5. During the Promotion Period, upon reaching a certain value of Promotional Purchases, the Participant shall receive a Bonus credited to his/her Virtual Customer Account according to the following rules:

    Net value of Promotional Purchase

    Value of Monetary Bonus

    Threshold value of Monetary Bonus

    Total value of Monetary Bonus

    1000 - 1999,99 PLN

    5% of purchase net value 

    Up to 100 PLN

    100 PLN

    2000 - 4999,99 PLN

    6% of purchase net value 

    Up to 180 PLN 

    280 PLN

    5 000 - 7499,99 PLN

    7% of purchase net value 

    Up to 175 PLN 

    455 PLN

    7 500 -  9999,99 PLN

    8% of purchase net value 

    Up to  200 PLN 

    655 PLN

    10 000 - 14 999,99 PLN

    9% of purchase net value 

    Up to  450 PLN 

    1105 PLN

    od 15 000 PLN 

    10% of purchase net value 

    Up to  6705 PLN 

    8000 PLN


    or respectively:

    Net value of Promotional Purchase

    Value of Monetary Bonus

    Threshold value of Monetary Bonus

    Total value of Monetary Bonus

    250 - 439,99 EUR 

    5% of purchase net value 

    Up to  20 EUR

    20 EUR

    440 - 1099,99 EUR

    6% of purchase net value 

    Up to  40 EUR

    60 EUR

    1100 - 1599,99 EUR

    7% of purchase net value 

    Up to  35 EUR

    95 EUR

    1600 - 2199,99 EUR

    8% of purchase net value 

    Up to  48 EUR

    143 EUR

    2200 - 3299,99 EUR

    9% of purchase net value 

    Up to  99 EUR

    242 EUR

    from 3300 EUR

    10% of purchase net value 

    Up to 1458 EUR

    1700 EUR


    or respectively:

    Net value of Promotional Purchase

    Value of Monetary Bonus 

    Threshold value of Monetary Bonus

    Total value of Monetary Bonus

    6 000-  10 999,99 CZK 

    5% of purchase net value 

    Up to  250 CZK

    250 CZK

    11 000 - 26 999,99 CZK

    6% of purchase net value 

    Up to  960 CZK

    1210 CZK

    27 000 - 41 499,99 CZK

    7% of purchase net value 

    Up to 1014 CZK

    2225 CZK

    41 500 - 54 999,99 CZK

    8% of purchase net value 

    Up to 1080 CZK 

    3305 CZK

    55 000 - 82 999,99 CZK 

    9% of purchase net value 

    Up to  2520 CZK

    5825 CZK

    Od 83 000 CZK 

    10% of purchase net value 

    Up to 38 475 CZK

    44 300 CZK


    or respectively:

    Net value of Promotional Purchase

    Value of Monetary Bonus 

    Threshold value of Monetary Bonus

    Total value of Monetary Bonus

    80 000 - 159 999,99 HUF

    5% of purchase net value 

    Up to  8000 HUF

    8000 HUF

    160 000 - 399 999,99 HUF

    6% of purchase net value 

    Up to 14 400 HUF

    22 400 HUF

    400 000 - 599 999,99 HUF

    7% of purchase net value 

    Up to 14 000 HUF

    36 400 HUF

    600 000 - 799 999,99 HUF

    8% of purchase net value 

    Up to 16 000 HUF

    52 400 HUF

    800 000 - 1 199 999,99 HUF

    9% of purchase net value 

    Up to  36 000 HUF

    88 400 HUF

    Od 1 200 000 HUF

    10% of purchase net value 

    Up to 551 600 HUF

    640 000 HUF


    or respectively:

    Net value of Promotional Purchase

    Value of Monetary Bonus 

    Threshold value of Monetary Bonus

    Total value of Monetary Bonus

    1000 -1999,99 RON

    5% of purchase net value 

    Up to 100 RON

    100 RON

    2000 - 4999,99 RON

    6% of purchase net value 

    Up to 180 RON 

    280 RON

    5 000  - 7499,99 RON

    7% of purchase net value 

    Up to 175 RON 

    455 RON

    7 500 -  9999,99 RON

    8% of purchase net value 

    Up to  200 RON 

    655 RON

    10 000 - 14 999,99 RON

    9% of purchase net value 

    Up to  450 RON 

    1105 RON

    od 15 000 RON

    10% of purchase net value 

    Up to 6900 RON 

    8000 RON


    5.1. The Customer's Virtual Account is credited after each purchase made via the merXu Platform, with the value of the Bonus, calculated in accordance with the above rules, while the minimum value of the first Promotional Purchase entitling the Customer to set up a Virtual Account and charge a Bonus on it is PLN 1,000, or respectively: 250 EUR (two hundred and fifty), CZK 6,000 (six thousand), HUF 80,000 (eighty thousand), or RON 1,000.00 (one thousand). The minimum purchase value entitling to establish a CVA can be achieved by the Customer by executing one or more transactions via the merXu Platform.


    5.1.1. The Bonus Value calculated in accordance with the above rules shall be rounded to two decimal places.
    5.1.2. The Virtual Customer Account shall be maintained in the currency of the country in which the Participant participating in the promotion is registered in the relevant register of entrepreneurs. If the Promotional Purchase is declared paid in a different currency, the Organizer shall convert the currency on the basis of the exchange rate of the European Central Bank on the day preceding the currency conversion.

    5.2. After the Customer has made the first Promotional Purchase and the first Bonus has been calculated, the Customer's Virtual Account shall be credited by the Organizer with an additional amount of PLN 200, or respectively EUR 50 (fifty), CZK 1,100 (eleven hundred), HUF 16,000 (sixteen thousand) ), or RON 200 (two hundred).
     
    5.3. The maximum accumulated amount of the Bonus allowed per Customer during the promotional period is PLN 8,000 or respectively EUR 1,700 (seventeen hundred), CZK 44,300 (forty-four thousand three hundred), HUF 640,000 (six hundred and forty thousand), or RON 8,000 (eight thousand).
  6. The total Bonus pool in the Promotion is PLN 1,000,000.00 (one million). The Organizer may decide to increase the Bonus pool.
  7. 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. 
  8. The above limitation shall also apply if the Promotional Product is returned under the exercise of a right of withdrawal to which the buyer is entitled under generally applicable legislation due to a product defect. 
  9. 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.
    9.1 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).
    9.2 The above-mentioned clauses of the Terms and Conditions shall apply analogously to transactions in which funds from the Customer's Virtual Account are used.

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

  1. The Participant is entitled to the Bonus provided that the Promotional Purchase is correctly reported and that the Bonus pool in the Promotion has not been exhausted. 
  2. Monetary Bonus are awarded to Participants in the order of correct Entries to the Promotion. 
  3. If the Bonus pool in the Promotion is exhausted, the Bonus shall not be awarded. In this case, further applications will not be accepted and it is not possible to save funds in the Customer's Virtual Account. 
  4. In order to participate in the Promotion and receive the Bonus, the Promotion Participant must report each Promotional Purchase by sending proof (evidence) of the Promotional Purchase through a dedicated customer panel, available after logging into the merXu account, in the “Cashback” tab (hereinafter: “Promotional Purchase Report”).
    4.1. At the Organizer's request, to confirm the transaction, the Promotion Participant should supplement the report with transport documents, including CMR/AWB for intra-Community delivery of goods. 
  5. In the Promotional Purchase Report, the Participant shall provide:
    a) correct invoice number,
    b) net value of goods purchased
    c) the VAT rate for the goods purchased, 
    d) the invoice currency
    e) a legible scan of the sales documents relating to the reported Promotional Purchase. 
  6. Promotional Purchase Reports are accepted during the Promotional Period until the Bonus pool is exhausted, after which the application to receive the Bonus, as well as to save funds in the Virtual Customer Account are not possible.
  7. The Promotion Participant declares his/her wish to use the funds accumulated on the Customer's Virtual Account by submitting an instruction in the “Cashback” tab of the merXu account under the following rules (Funds Usage Request).
    7.1 The Customer may use the funds accumulated on the Customer's Virtual Account in the form of cashback to his/her bank account indicated in the settings of the merXu account, after entering into the system any invoice or invoices resulting from subsequent purchases made on the merXu platform, up to the balance of the funds held on the Customer's Virtual Account, subject to the following rules.

    7.2 Return of the whole or part of the funds accumulated on the Customer's Virtual Account is made by the Organizer after receiving the appropriate instruction from the Customer. The Customer, in the event of having an appropriate balance in his/her Customer's Virtual Account, may request a refund by the Organizer of up to 100% of the net value of the goods indicated on the invoice.

    7.3 An instruction to use the funds accumulated in the Customer's Virtual Account may be placed only after making another Promotional Purchase. The Promotion Participant reports the willingness to use the funds while submitting the Promotional Purchase Report.

    7.4 Participant may, for one transaction, provide instructions to use funds from the Customer's Virtual Account up to PLN 1,000 (one thousand) or respectively: EUR 250 (two hundred and fifty), CZK 6,000 (six thousand), HUF 80,000 (eighty thousand), 1,000 (one thousand). RON. Unused funds in a given transaction increase the pool of funds to be used for the next purchase.

    7.5 The maximum payment of the Cash Bonus may not exceed the net value of the transaction in respect of which it is paid. 

    7.6 If a transaction is completed through the merXu platform and funds are used from the Customer's Virtual Account, the full net merchandise value indicated within the invoice(s) shall be taken into account for calculating the Bonus on that transaction and replenishing the Customer's Virtual Account.

  8. The use of funds from the Customer's Virtual Account shall be documented by the Organizer by issuing an accounting note to the Promotion Participant in the amount equal to the value of the used funds.

  9. The Promotional Purchase Report shall be verified by the Organizer within 21 (twenty-one) days from the date of receipt of the Report by the Organizer, in terms of its compliance with the Regulations. If the Report or the Promotional Purchase is found to be inconsistent with the Terms and Conditions at a later date, the Organizer reserves the right to claim a refund of the amount equal to the Bonus.

  10. Bonuses shall be calculated and credited to the Customer's Virtual Account within 7 (seven) days of the Organizer's positive verification of the Promotional Purchase report.
  11. The Promotional Organizer shall verify the correctness of the Report on the use of the funds accumulated on the Customer's Virtual Account within 21 (twenty-one) days and in the case of positive verification, shall transfer the funds to the bank account specified by the Buyer within 7 days of positive verification of the Report.
  12. The data provided in the Promotional Purchase Report and the Funds Use Report should be consistent with the information provided in the accompanying documents.
  13. Reports that fail to comply with the provisions of these Terms and Conditions, including incomplete Reports, and Reports that do not include the required attachments shall not be taken into consideration by the Organizer and shall not constitute the basis for receiving the Cash Bonus in the Promo and the accrual of funds on the Customer's Virtual Account.
  14. Information about granting a Bonus, using funds from the Customer's Virtual Account or refusal thereof, is visible in the customer panel, in the “Cashback” tab, available after logging into the merXu account.
  15. In the event of irregularities in the Promotional Purchase Report or the Funds Use Report, which may be based on the fact that the attached document is illegible, the Organizer may call on the Participant to complete the Application within a period of not less than 7 (seven) days in the form of sending a legible attachment, under pain of deeming the Application to be incorrect and refusing to grant a Cash Bonus or use the funds accumulated on the Customer's Virtual Account.
  16. If there are doubts as to the correctness of the Report, including the acquisition of the right to take advantage of the Promotion, the Organizer — within the period provided for the verification of the Report — may contact the entity making the sale as part of the Promotional Purchase in order to obtain the necessary information regarding the Promotional Purchase.
  17. If the Organizer receives a Promotional Purchase Report or a Use of Funds Report made using the same Proof of Purchase that has already been submitted by another Participant, the Organizer will only consider the first correct Application.
  18. The Bonus shall not be paid in any form other than by transfer to the bank account designated by the Participant in the merXu account. The Bonus is also not exchangeable for any equivalent, such as a voucher or gift card.
  19. Participant is not entitled to transfer the right to receive the Bonus to a third party.
  20. The Organizer informs that as of the date of the Promotion commencement, in accordance with the provisions of the tax law, all income tax obligations concerning the Bonus obtained rest with the Promotion Participant.
  21. If the Participant is unable to issue the Bonus or collect it for reasons attributable to the Participant, such as, in particular, the Participant providing incorrect, incomplete or untrue contact details or the account number, the Bonus shall be forfeited and remain until Organizer's instructions.

§ 4. RULES OF CLAIMS PROCEDURE

  1. All claims may be filed with the Organiser by 31 July 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 Bonus s – 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 Bonus 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 and Estonian language versions. In case of any discrepancies between the language versions the Polish version shall prevail.