TERMS AND CONDITIONS FOR THE PROMOTION OF THE SUBSCRIPTION PLANS FOR NEW SUBSCRIBERS
§ 1. GENERAL PROVISIONS
1. The purpose of the promotion for the subscription plans for new subscribers (hereinafter referred to as the “Promotion”) for the Users of the merXu shopping platform www.merxu.com (hereinafter referred to as the “Platform”) is to promote the merXu platform for sale of products among its users and market entities.
2. The organizer of the Promotion is merXu sp. z o.o. with its registered office in Poznań (60-518), ul. Kraszewskiego 4/8, 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 1 000 000 (hereinafter referred to as the “Organiser”).
3. The terms and conditions (hereinafter referred to as 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 shall be governed by the laws generally applicable in Poland. The Terms and Conditions are available in electronic form on the website www.merxu.com, as well as in the Plan view after logging onto the Platform.
5. The Promotion applies to the purchase of the subscription plans - STANDARD and PREMIUM in accordance with the provisions of Appendix No. 1a to the Terms and conditions of merXu - Subscription fees and available on the merXu Platform for registered Users, during the period from June 1, 2023 until June 30, 2023 (hereinafter referred to as the “Promotion Period”). The Organizer of the Promotion may decide to extend the Promotion Period.
§ 2. PROMOTION PARTICIPANTS, CONDITIONS OF PARTICIPATION
1. The Promotion is addressed to the Users of the merXu shopping Platform:
a. having the status as “verified”, registered on the merXu shopping Platform before or during the Promotion Period, and
b. who have never purchased any subscription plan whatsoever available on the Platform (hereinafter referred to as the “Participant”).
2. A condition of participation in the Promotion is that during the Promotion period the Participant should purchase one of the two subscription plans: STANDARD or PREMIUM, available on the Platform under the terms of APPENDIX NO. 1a TO THE TERMS AND CONDITIONS – SUBSCRIPTION FEES (hereinafter referred to as the “Promotional subscription plan”).
3. Once the standard or premium subscription plan is purchased during the Promotion Period, the Participant shall be entitled to get the discounted price calculated from the regular subscription fee for the respective Promotional subscription plan. The discounted price applies for the regular subscription fee due for a period of upcoming 30 days, calculated from the date of purchase of the Promotional subscription plan.
4. The discount is granted only once and applies to the first subscription plan purchased by the Participant.
5. The final fee after granting the discount for the respective Promotional subscription plan during the Promotion period is as follows:
|
STANDARD PLAN |
PREMIUM PLAN |
|
5 EUR |
20 EUR |
|
123 CZK |
493 CZK |
|
2 050 HUF |
8 200 HUF |
|
23,9 PLN |
94,9 PLN |
|
24,5 RON |
97,5 RON |
6. The examples of discounted subscription fees have been presented based on a monthly settlement period.
7. The discounted subscription fees presented above are net prices.
8. If the Promotional subscription plan is selected during a calendar month, the discounted fee is calculated proportionally based on the calendar days left in a given month, and then in the following month respectively until the expiry of 30 day-period - as referred to in clause 3 above.
9. After the expiry of the individual 30-day period to which the discount applies, the Participant shall be charged in the following settlements periods with the regular subscription fee for the selected subscription plan in accordance with the provisions of Appendix No. 1a to the Terms and conditions of merXu - Subscription fees.
10. Subject to the completion of Promotion conditions, the discount in question is granted automatically to the Participant at the moment of issuing an invoice for the relevant settlement period.
11. The invoices for the subscription fees, including the discounted fee for the selected subscription plan shall be sent to each Participant electronically via email.
12. All matters, in particular the terms of billing and cancelation of the subscription plans not regulated by this Terms and Conditions for the Promotion of the subscription plans shall be governed by the relevant provisions of the Terms and conditions of merXu, in particular by Appendix No. 1a to the Terms and conditions of merXu - Subscription fees.
§ 3. RULES OF CLAIMS PROCEDURE
1. All claims may be filed with the Organiser by July 31, 2023 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, 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 post or e-mail, as appropriate. The claimant shall be informed in writing about the decision by a registered letter or by e-mail sent to the address provided in the claim within 7 days from the date of handling the claim.
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.
§ 4. 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 the purpose of:
a. carrying out the Promotion, which shall in particular mean performing verification of the Entries - 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 (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.
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 personal data processing agreements, in particular to entities providing services related to the 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.
§ 5. FINAL PROVISIONS
1. The Terms and Conditions shall be available on the Platform website www.merxu.com during the Promotion Period with a possibility of its downloading as a pdf file.
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 general Terms and Conditions of merXu Platform shall apply.
6. The law applicable to the Promotion shall be the Polish law.
7. The Promotion is organized by the Organizer as a public promise within the meaning of Article 919-921 of the Civil Code. The Organizer is an entity promising a reward within the meaning of Article 919 of the Civil Code, under the terms provided herein.
8. The court competent for handling disputes shall be the court competent for the registered office of the Organiser.
9. The Terms and Conditions shall come into force on the date of their publishing on the Platform website, i.e. June 1, 2023.
10. The Terms and Conditions have been drawn up in the Polish and English language versions. In case of any discrepancies between the language versions, the Polish language version shall prevail.