- CONDITIONS OF PARTICIPATION IN EUPHORIA
1.1. Users can be natural persons who are over 18 years of age and have full legal capacity. Legal persons and organizational units without legal personality, but who can acquire rights and incur liabilities on their own behalf.
1.2. Individuals who don’t conduct business within Euphoria shall select one of the following types of Registration by completing an appropriate form for each of them, where:
a. Full registration, enables shopping and sale of the Goods;
b. Simplified registration allows only purchases of Goods.
1.3. Natural persons conducting business activity, legal persons or organizational units referred to in art. 1.1, make the Registration using the appropriate registration form by providing the data specified in it. Subsequently, these entities send to Euphoria a copy of the documents confirming the data in question about their business activity. The obligation to send copies of these documents does not apply to Users whose company is based in Poland. On behalf of the entities mentioned in the first sentence of this article, the activities referred to above may be performed by a person who has appropriate authorization.
Euphoria reserves the right to request additional statements and translations into english of documents confirming business activity by entities with registered office, or an actual place of business outside Poland. Information regarding additional documents that the entities indicated in the preceding sentence will be obliged to send will be included in the e-mail message sent by Euphoria after completing the registration form by the User.
1.4. An account registered in the manner referred to in art. 1.3 above, after positive verification of data provided by the User, will be highlighted with an icon visible to all visitors of Euphoria (Company Account). The sale of the Goods, as part of the Company Account, should be connected only with the economic activity carried out by the User on Euphoria. At the same time, sales not related to the activities of the User referred to in the previous sentence should take place as part of the Regular Account.
1.7. During Registration as well as subsequent use of Euphoria, the User is obliged to provide the required and true data and information and submit – if applicable – statements truthfully. The user should update the data on the current basis in the settings after logging in to the Account.
1.8. The User gains access to the Euphoria Account after entering his login or e-mail address and password (Login).
1.9. The User may register more than one Account, provided that they assign a different e-mail address to each of them. The User may not use the Account to perform actions that violate the provisions of the Regulations. In particular, it is unacceptable:
a. participating in a given Auction using more than one Account,
b. bidding or entering into a contract for the sale of Goods as part of proprietary offers, relatives or jointly residing with the User or other entities with whom the Buyer remains in relationships causing reasonable doubt that the parties act in agreement to influence the outcome of the Transaction in a manner contrary to the law or morality,
c. making another Registration in order to avoid payment of amounts owed to Euphoria for services provided under Euphoria.
1.10. The User may not use the Accounts of other Users and make the Account available to other persons, except for:
a. to make the Account available to persons duly authorized by the User to act on his behalf,
b. make an ordinary User’s account available to the spouse by placing the User’s spouse in the appropriate form. Spouses using the Account are jointly and severally liable for the actions taken under this Account.
1.11. Accounts are non-transferable, with the proviso that with the consent of Euphoria:
a. The Company Account may be disposed of, if the User transfers to another entrepreneur the rights and obligations related to running the enterprise or its part, in the form prescribed by law,
b. A Regular Account may be transferred by the User to his spouse.
1.12. In a situation where the User’s Account or activity under Euphoria requires additional verification of data referred to in art. 1.1. or 1.3, or if Euphoria has reasonable concerns about the security of the Account or Transaction, in particular about an unauthorized seizure of the Account by another person, Euphoria may:
a. make the use of Euphoria subject to confirmation by the User with relevant documents of its credibility, including identity,
b. temporarily limit access to individual services provided within Euphoria,
c. Suspend User’s account for a definite or indefinite period.
After the above mentioned circumstances have ceased, Euphoria will abolish the restrictions imposed on the User.
1.13. Within 14 days from the conclusion of the contract referred to in art. 1.5, the User may withdraw from it without giving reasons. The right to withdraw from the contract shall not be granted to the User who issued the Offer, took part in the Auction, used the Buy Now option or has any amounts due to Euphoria for the services provided within Euphoria.
2.1. As part of Euphoria, the Seller, by specifying the terms of the Offer, may make available to the Buyers the following modes of concluding a sales agreement:
a. Only with the Buy Now option, under which the Seller offers the sale of the Goods at a predetermined price. This offer may include one or many items of the Goods,
b. Auction, under which the Seller, by issuing the Goods, invites Bidders to submit bids for the conclusion of the contract. The auction may only cover one piece of the Goods. The Seller, as part of the Auction, may additionally specify the Buy Now option, however, if the Seller sets a minimum price on the terms specified in art. 2.2., The Buyer may use the Buy Now option, only until the Bidder submits an offer equal to this price. If the Seller has not set the minimum price, the Buyer may use the Buy Now option until the Bidder submits the first offer.
2.2. In the Auction, the Seller may set a minimum price, i.e. the lowest price for which he agrees to sell the Goods. Proposing by the Bidders a price lower than the minimum will not result in the conclusion of a sales contract. The amount of the minimum price is not public for Users until the Bidder offers a price equal to or higher than the minimum price.
2.3. The purpose of Offers for the sale or rental of real estate, as well as presented in the categories “Services”, “Holidays”, “Automotive” (in subcategories “Cars”, “Motorcycles and quads”, “Machines”, “Other vehicles and boats” and “Trailers” , semitrailers “) is not the conclusion of a contract between Users. These offers are for advertising purposes only. The bids referred to in the preceding sentence may not cover more than one item of the Goods.
3.1. The sellers undertake not to display on the transaction goods, which trade violates applicable law or third party rights (in particular copyrights and other intellectual property rights), as well as whose issuing may be considered as violating good practices.
3.2. Notwithstanding the provisions of article 3.1. it is forbidden to display items listed below:
The subject of the Offer can not be the following Goods:
- containing gross pornographic content;
- promoting the fascist or other totalitarian state system or inciting hatred on the basis of national, ethnic, racial or religious differences, or because of their denomination – with the exception of goods of artistic, educational, collector’s or scientific value;
- violating the personal rights of third parties;
- music, films, software and other Goods that infringe intellectual property;
- non-original products (so-called counterfeits);
- explosives and dangerous chemical substances;
- drugs, psychotropic substances, narcotic drugs;
- medicinal products on prescription and other medicines;
- alcoholic beverages;
- tobacco products, electronic cigarettes, spare containers and parts thereof;
- human or animal bodies;
- live or dead animal specimens (as well as parts or derivatives thereof);
- dogs and cats placed on the market outside their places of breeding or farming, and animals which do not have a pedigree or a birth certificate;
- shares in companies, shares, bonds and other securities, receivables, participation units in investment funds, insurance policies and products, and any other financial instruments offered as a form of investment or investing cash, with the exception of securities in a material form of exclusive collector value ;
- software that violates the manufacturer’s license, in the trial version, freeware, shareware, abandonware;
- software adapted to conduct operations in violation of the law or good manners;
- website addresses and FTP servers (excluding Internet domains);
- information and instructions that are not of a service character, in particular: advice on bypassing regulations, using online systems that offer financial profits (eg payment for displaying banners or receiving e-mails, information about “how to …”, ” how to find … “,” how to earn … “);
- access to torrent sites, accounts on free websites and related services (eg likes, opinions, comments);
- access to erotic / pornographic sites and virtual currencies in such websites;
- accounts in partner and loyalty programs and services related to such programs;
- databases (including personal data or lists of e-mail addresses);
- shipping and direct sales catalogs for ordering goods, with the exception of out of date catalogs of exclusively collector’s value;
- Master’s theses, diploma, bachelor, matriculation, essays and other works of this type as well as services related to the creation of such works;
- exchange investment systems and systems for numerical games and bookmakers, as well as services related to providing assistance in joining such games and concluding such bets, with the exception of official book publications bearing the ISBN number;
- fishing gear and fishing devices the possession of which is limited by law;
- weapons and ammunition within the meaning of the Weapons and Ammunition Act;
- the registration documents and vehicle cards offered without the vehicles to which they were issued and vehicles without documents;
- discount and rebate coupons, in the form of promises entitling to obtain a discount or other advantage for the future purchase of the Goods outside Euphoria;
- publications in electronic form (eg books, poems, guides, so-called e-books);
- gold in the form of bars and their copies, coins or gold scrap and silver in the form of bars and their copies and scrap;
- prepaid payment cards (so-called prepaid cards).
- phone cards, registered prepaid cards.
- fake currency characters remaining in circulation (counterfeiting / imitation of Polish and foreign currency signs).
- Used goods that should not be re-used for health or hygiene reasons (Contact lenses, Sanitary pads, Sanitary napkins, Tampons, Intimate hygiene tissues, Condoms, Brush tips, Dental floss, Brushes, Hospital equipment and cabinets, Disposable products, Sexual gadgets)
- All kinds of codes, passwords, tokens, keys or accounts (hereinafter collectively referred to as “Codes”), which allow access and use of services allowing for viewing and listening to multimedia content via the Internet in the form of so-called video on demand e.g. Netflix, Showmax, HBO Go.
3.3. Subjects referred to in art. 4.1. and 4.2. they can not be offered together with the Goods as a free supplement (free).
4.1. The Seller prepares the Offer by completing the sales form available within the Euphoria, thus specifying the total terms of the Transaction. Information contained in the content of the Offer may refer only to its subject. At the moment of entering information or data into the content of the Offer, Euphoria acquires the right to use them, in particular to use them in any way, at any time, at its own discretion. By posting information or data in the content of the Offer, the Seller declares that he is entitled to enter them into the content of the Offer, and using them under Euphoria and by Euphoria – in particular in the manner specified in the preceding sentence – does not violate the rights of third parties. The seller is liable for the truthfulness of the statement referred to in the preceding sentence.
4.2. The content of the Offer should be reliable and complete and can not mislead other Users, in particular as to the properties of the Goods, such as its condition, quality, origin, brand or manufacturer. The content of the Offer should comply with the legal requirements, in particular contain information resulting from the applicable provisions on the protection of consumer rights. The User bears full responsibility for the content placed by him in the Offer, in this he is responsible for any errors or inaccuracies.
4.3. Notwithstanding the provisions set out in article 3.1, the Seller declares that he is entitled and has the option to conclude and perform the contract with the Buyer.
4.4. Performing activities referred to in art. 4.1, the Seller orders Euphoria to publish the Offer on the date indicated by him. In the event that the date has not been specified, the publication shall take place immediately.
4.5. From the moment of publishing the Offer, the Seller is bound by its content. The Seller may change the content of the Offer until the Bidder submits the first bid. In the case of an Offer with the Buy Now option, the Seller can not make an effective change of its content to the Buyers with whom it concluded a sales contract under the Offer. It is forbidden to make changes to the content of the Offer by the Seller, which constitute a change in the offered Goods or its properties. The User, upon the introduction to the Offer (publication in Euphoria) of content that is the subject of copyright protection, in particular signs, logos, image, description and photos (“Content”), allows Euphoria for free, non-exclusive, unlimited time and territorial use of these Content in the following areas:
a. preservation and reproduction by any techniques, including by making a record and a copy on any type of paper, electronic, magnetic or optical media;
b. disseminate via telecommunications networks (including the internet and GSM networks) in any way and using any technology, in particular by: disseminating in such a way that everyone can have access to the Content in the place and time chosen by them and other means operation in telecommunications networks, irrespective of the methods of restricting access available; public display and reproduction, including through mechanisms for the automatic reproduction of Content on websites;
c. public performance, display, display, reproduction, broadcast and reemission;
d. lending and marketing.
4.6. The Seller undertakes to accept payment from the Buyers for the Transaction using payment methods available in Euphoria,
4.7. In addition to allowing Buyers to pay for the Goods using the services referred to in Article 4.6., The Sellers may allow the Buyer to pay for the Product also “cash on delivery”, or by direct payment at the place of receipt of the Goods.
4.8. The offer should be placed in the category corresponding to the specificity of the Goods.
5.CONCLUSION OF THE CONTRACT WITHIN THE OFFER
5.1. Euphoria is not a party to contracts for the sale of Goods concluded between Users and does not guarantee that the Seller and the Buyer are entitled to enter into and perform the contract.
5.2. The contract is concluded with the winner of the Auction. The winner of the Auction is the User who, at the time of its conclusion, offered the highest price for the Good and his offer was at least equal to the minimum price if the price was specified by the Seller (affixing). If several Bidders submitted offers with the same highest price – the winner is the Bidder, who first entered the Auction by indicating the highest price.
5.3. The buyer concludes a contract with the seller, confirming the purchase with the “buy and pay” button,
5.4. Confirmation of the conclusion of the contract between the Buyer and the Seller is sent automatically via e-mail (or optionally via other means of electronic communication) and is for information purposes only. In the message referred to in the preceding sentence, the parties to the contract receive the data currently appearing in their Account settings, ie: name, email address, telephone number, address.
5.5. The seller may, as part of the confirmation referred to in art. 5.4, provide additional information related to the conclusion of the contract (“Message for the Buyer”). In the message for the Buyer, the Seller may not violate applicable law or the Regulations.
5.6. The buyer, in connection with the concluded contract, should pay for the Goods within 7 days, unless the parties agreed otherwise.
6.THE ROLE OF EUPHORIA
6.1. Euphoria is not responsible for the behavior of Users under Euphoria, nor for improper performance or non-performance of contracts concluded under the Transaction, as well as for the consequences of actions taken by Users and third parties, which constitute a violation of the provisions of the Regulations. In particular, Euphoria is not responsible for the quality, safety or legality of the Goods sold under the Offer, the ability of the Sellers to sell, the solvency of the Buyers and the truthfulness and reliability of the information provided by the Users. Euphoria does not grant compensation to Buyers who have suffered damage as a result of the Seller’s dishonest actions. At the same time, Euphoria shall be liable for the performance of contracts concluded under Euphoria in connection with conducting its own sale of the Goods determined in accordance with the generally applicable provisions of law and the content of Euphoria Offers.
6.2. If the Offer violates the provisions of the Regulations or applicable law, Euphoria may:
a. change the Euphoria category indicated by the Seller, in which the Offer is published,
b. finish ahead of time or delete the Offer with the Buy Now option – however, the agreements entered into between the Users so far remain valid,
c. to remove the Auction, as a result of which it ceases to be available in Euphoria, and all the Bidders’ actions in its scope do not have any effect.
6.3. Euphoria may verify compliance with the Regulations by Users. Verification may take place in particular by checking if Users comply with the relevant provisions of the Regulations. The verification takes place in particular by establishing contact with the User and consolidating its course.
6.4. In the case when the User’s actions violate the provisions of the Regulations, Euphoria, depending on the type, scale and circumstances of the violation, may:
a. reprimand the User via email,
b. give the User a warning via email,
c. temporarily limit the User access to particular services provided within Euphoria, in particular to limit the functionality of the User Account for a definite or indefinite period of time,
d. make the use of Euphoria subject to confirmation by the User of the fulfillment of the contract concluded as a result of the Transaction,
e. suspend one, several or all of the User’s Account for a definite or indefinite period of time.
6.5. Regardless of the application by Euphoria of the provisions of art. 6.2, 6.3 or 6.4 of the Regulations, the User bears full responsibility for his actions and omissions related to the use of Euphoria, in particular he may be liable for damages against Euphoria or other Users.
6.6. In the case of suspension of the Account, the User only has access to the Account and access to the functions allowing to settle the amounts due to Euphoria and finalize the contracts concluded before the Account suspension, but he may not use any other services provided by Euphoria under Euphoria. Offers issued under the suspended Account are deleted.
6.7. A User whose Account has been suspended or for which functional restrictions have been imposed may not both register a new account and use another Account without the prior consent of Euphoria.
7.OTHER DUTIES OF USERS
7.1. All activities undertaken by the User under Euphoria should be in accordance with good customs and applicable law, including those concerning the protection of consumer rights. The User can not take any action that negatively affects the security of Euphoria or harms the Users.
7.2. The User is obliged to explain the correctness of the performance of the contract concluded between the Buyer and the Seller. The Seller is obliged to provide an answer and to submit comprehensive explanations in the Discussion within 24 hours of the Buyer’s referring the charges, with the reservation that this time does not run on Saturdays, Sundays and other public holidays.
7.3. Users should archive information about contracts concluded under Euphoria on their own.
7.4. All materials, including graphic elements, layout and composition of these elements, trademarks and other information, available on the Euphoria website, are subject to the rights of Euphoria or Users. The indicated elements constitute the subject of proprietary copyrights, industrial property rights, including rights from registration of trademarks and rights to databases, and as such they enjoy statutory legal protection.
7.5. Downloading or using any material available within Euphoria requires the consent of Euphoria at any time and must not violate the provisions of the Regulations and generally applicable law, as well as may not infringe the interests of Euphoria and Users. It is forbidden to:
a. the use by third parties of the designations for which Euphoria is entitled, including the characteristic elements of graphics, in particular such as: logos, photos, descriptions or other types of markings,
b. aggregation and processing of data and other information available in Euphoria for the purpose of their further sharing on other websites, as well as outside the Internet.
8.PRIVACY AND CONFIDENTIALITY
8.2. Users are disclosed personal data of other Users only in the cases provided for in the Regulations for purposes related to the performance of Transactions and in other cases, with the prior consent of the data subject.
8.3. The User is obliged not to disclose to third parties information concerning other Users, which he received from Euphoria in connection with the use of Euphoria, unless he obtained prior consent from the User. In particular, it is forbidden to use this information for commercial purposes, in particular to promote any activity of the User carried out outside of Euphoria.
9.CHANGES TO THE REGULATIONS
9.1. Euphoria is entitled to change the Regulations and this change becomes effective on the date indicated by Euphoria. The deadline for change may not be shorter than 7 days from the date of making the amended Regulations available in Euphoria.
9.2. When logging in Euphoria for the first time, counting from the entry into force of changes, you will be notified of such changes and the possibility of their acceptance. The automatic renewal of the Offer ordered by the User, even without the logging in to Euphoria, is also considered as acceptance of the changes. If the changes are not accepted, the User should immediately notify Euphoria about the termination of the contract.