TERMS AND CONDITIONS OF THE “SALE AGAIN ON MERXU” PROMOTION FOR THE REGISTERED USERS OF THE MERXU SHOPPING PLATFORM
1. GENERAL PROVISIONS
- The purpose of the “Sales again on merXu” (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”).
- The organizer of the Promotion is merXu sp. z o.o. with its registered office in Poznań (61-868), Garbary 35/9 Street, 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 (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 that 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. The Terms and Conditions are available for Platform users in electronic form on the website www.merxu.com
- 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 that promises the reward within the meaning of Article 919 of the Civil Code, under the conditions set forth in the Terms and Conditions.
- The Promotion applies to the sales of products sold on the merXu Platform, during the period from February 01, 2025 and March 31, 2025 (hereinafter referred to as the “Promotion Period”). The Organizer of the Promotion may decide to extend the Promotion Period.
- The Promotion is conducted via website of the merXu shopping Platform: www.merxu.com and applies to Promotional Sales made via the Platform in all EU countries.
2. PROMOTION PARTICIPANTS, CONDITIONS OF PARTICIPATION AND EXEMPTION FROM FEES
- The Promotion is addressed to users of the merXu shopping platform who registered on the platform before December 31, 2024, and, as of January 21, 2025, do not have any active offers (hereinafter referred to as the “Participant”).
- A condition of participation in the Promotion is issuing at least 20 offers on the Platform and keeping them active until the last day of the Promotion Period.
- During the Promotion Period, all sales made by Participant will be exempt from transactional fees.
- For the Promotion, the date of the Promotional Sale shall be the date of sale indicated on the proof of purchase.
- Participation in the Promotion is voluntary, and although it is a beneficial character for the Participants it's automatic.
3. RULES OF CLAIMS PROCEDURE
- ll claims may be filed with the Organiser by April 30, 2025 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, and e-mail address, as well as an 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 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.
- 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
- 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 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 – 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.
- 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 Free Delivery 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.
5. 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.The court competent for handling disputes shall be the court competent for the registered office of the Organiser, subject to the Polish law.
- 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.