§1. GENERAL PROVISIONS
1. The purpose of the Welcome bonus 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 1 000 000 (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 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 Polish Civil Code. The Organizer is the entity which promises the reward within the meaning of Article 919 of the Polish 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 February 24, 2023 until March 31, 2023 (hereinafter referred to as the “Promotion Period”). The Organizer of the Promotion may decide to extend the Promotion Period or increase the pool of the Bonus.
7. The Promotion is conducted via website of the merXu shopping Platform: www.merxu.com and applies to the Promotional Purchases made via the Platform in all EU countries.
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”).
§2. PROMOTION PARTICIPANTS, CONDITIONS OF PARTICIPATION AND ENTRY
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 employees and co-workers of the Organiser, both existing and previous ones, as well as members of their families. An employee shall be understood as a person employed on the basis of an employment contract, contract of mandate or a specific work contract, and a co-worker shall be understood a person employed on any other legal basis, including a civil-law contract, who has registered on the Platform in their own name and on their own behalf, and has become its user.
4. Upon logging in to the Participant's account on the Platform, the pool of the cash Bonus (hereinafter referred to as the "Bonus") will be made available to the Participant, which the Participant may receive during the Promotion Period.
5. A condition of participation in the Promotion is that the Participant makes an first international purchase of products (excluding services) sold via the merXu Platform during the Promotion Period meeting the following criteria:
a) first international purchase (transaction in which the delivery is made to a country other than the country of dispatch of the purchased product) of products, available on active (as at the day of commencing Promotional Purchase) offer which is also the Participant´s first international purchase on the Platform and
b) representing at least one of the product categories available on the platform,
(hereinafter referred to as the “Promotional Purchase”).
6. During the Promotion Period:
a) for the first Promotional Purchase the Participant will receive a bonus of 15% of the net value of the Promotional Purchase, provided that the net value of the first Promotional Purchase is not less than PLN 1,300.00 (one thousand three hundred) net or respectively EUR 300.00 (three hundred), CZK 8,500.00 (eight thousand five hundred), HUF 120,000.00 (one hundred thirteen thousand), RON 1,300.00 (one thousand three hundred) net.
7. The Participant may only enter their own Promotional Purchase into the Promotion.
8. All relevant values related to the Promotion (f.e. limits, minimal purchase price, bonus etc.) of Participants registered in other EU countries than in Czechia, Poland, Romania, Hungary will be converted and calculated in EUR currency. The value of the Bonus calculated in accordance with the above rules shall be rounded to two decimal places.
9. The following are not included in the value of purchases entitling to the Bonus: transactions made between the Related Parties (including by capital or personally), transactions with a different purpose than actual transfer of ownership of the goods and transactions violating the rules of social co-existence and best practices. Related Parties by capital or personally shall be understood in particular as: a parent undertaking, a major investor, subsidiaries, jointy–subsidiaries, associates, shareholders in a joint-subsidiary and entities under common control with the undertaking within the meaning of Article 3 clause 1 point 43 of the Accountancy Act.
10. In case of Participants registered in the relevant register of entrepreneurs in Czechia, Poland, Romania or Hungary the payment of the Bonus shall be made in the currency relevant for that particular country. In case of Participants registered in other EU countries the payment of the Bonus shall be made in EUR currency.
11. In the event of submitting a Promotional Purchase paid in a currency other than the currency of the Participant's country of registration, the Organiser shall convert the currency based on the exchange rate of the European Central Bank on the business day preceding the date of making the Promotional Purchase.
12. After the Participant's application for the Promotional Purchase has been verified by the Organiser and accepted, the Bonus will be granted automatically as a cash bonus in the form of a credit note, to the company bank account verified by the Organiser and indicated by the Participant in the user panel on the merXu Platform.
13. The total pool of Bonus in the Promotion Period is PLN 500,000.00 (five hundred thousand), with the reservation that the limit is PLN 475 or respectively EUR 100, CZK 2 500, HUF 40 000, RON 475 per each Participant.
14. The Organizer may decide to increase the pool of Bonus in the Promotion.
15. If the Participant withdraws from the Promotional Purchase pursuant to Article 27 in connection with Article 38a of the Polish Consumer Rights Act of 30 May 2014, the Participant shall not be entitled to receive the Bonus. A Participant who has received a Bonus contrary to the above stipulation shall return it to the bank account from which it has received the Bonus within 3 days after submitting a declaration on withdrawal from the Promotional Purchase contract.
16. 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.
17. In order to use the Bonus made available to the user, the Promotion Participant shall make an entry of a Promotional Purchase by uploading a Proof of Purchase related therewith on the merxu Platform in the promotional tab (hereinafter referred to as the “Entry”).
18. In the Entry the Participant shall provide:
a) information on the Promotional Purchase including: the date of purchase, transaction made via the Platform to which the invoice relates, number of the sales document, nett value of the invoice (excluding the costs of delivery, packaging, and others),
b) a legible scan of the Proof of Purchase or a pdf file relating to the entered Promotional Purchase.
19. At the request of the Organiser, in order to confirm the transaction, the Promotion Participant shall supplement the notification with transport documents, including CMR / AWB in the case of intra-Community delivery of goods.
20. Entry of a given Promotional Purchase may be made not later than within 4 weeks of the date of sale indicated on the invoice for the Promotional Purchase.
21. After the Entry is made, the amount of Bonus per Participant is reduced by the Bonus covered by the Entry.
22. The data provided in the Entry shall be consistent with the data shown in the attached documents.
23. 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 form. This confirmation is of technical nature and does not constitute the right to receive the Bonus.
24. Entries made against the provisions of the Terms and Conditions, including incomplete Entries 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 Bonus in the Promotion.
§3. RULES OF AWARDING AND PAYING THE BONUS IN THE PROMOTION
1. The Participant shall be entitled to the Bonus provided that it has correctly made the Entry of the Promotional Purchase and provided that the pool of Bonus in the Promotion has not been exhausted.
2. Bonus is awarded to Participants in the order of correct Entries to the Promotion.
3. If the pool of Bonus in the Promotion has been exhausted, no Bonus shall be awarded.
4. 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 Bonus.
5. 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.
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 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. Bonus shall be paid within 14 (fourteen) days of the Organizer's positive verification of the Entry of the Promotional Purchase.
9. The Bonus shall not be paid in a form other than by transfer to the Participant's company bank account. The Bonus also shall not be redeemable for any equivalent e.g. voucher, gift card.
10. The Participant may not transfer the right to receive the Bonus to a third party.
11. 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 Bonus shall be the responsibility of the Promotion Participant.
12. In case it is impossible to release the 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 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 by April 30, 2023 at the latest.
2. The claims shall be sent by e-mail to the address: firstname.lastname@example.org, 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.
§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 email@example.com.
3. Personal details of Participant will be processed for the purpose of:
a. carrying out the Promotion, which shall in particular mean acceptance of an Entry, performing verification of the Entries, awarding and transferring Bonus – 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 (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 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 personal data processing agreements, in particular to entities providing services related to the transfer of 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 promotions, discounts, rebates or bonuses available on the Platform do add up, i.e. the users may submit an invoice to multiple promotional campaign, or to obtain a discount or any other rebate or bonus.
3. 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.
4. 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.
5. Information about changes to the Terms and Conditions shall be published on the Platform website.
6. 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.
7. 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.
8. The Terms and Conditions shall come into force on the date of their publishing on the Platform website.
9. The Terms and Conditions have been drawn up in the Polish, English, Czech, Lithuanian, Slovak, German, Romanian, Hungarian and Estonian language versions. In case of any discrepancies between the language versions, the Polish language version shall prevail.