TERMS AND CONDITIONS OF THE BRAKES4CASH PORTAL
GENERAL TERMS OF SALE
The following Terms and Conditions constitute an integral part of all agreements concluded on the BRAKES4CASH portal by Portmetal sp. z o.o. Provisions, agreements, and arrangements deviating from or supplementing the following provisions shall only form part of the agreements if they are agreed in writing. In case of doubt, the applicable INCOTERMS 2010 conditions shall be used to interpret the terms included in these conditions. Furthermore, the Sales Agreement is subject to the accepted Clauses.
1. Definitions
The following terms used in these Terms and Conditions have the following meanings:
Internet Portal – the website operated by the Service Provider, available at the electronic address BRAKES4CASH, through which the User can submit Offers and post Content under the conditions specified in the Terms and Conditions. Access to the internet portal www.BRAKES4CASH by the User is possible provided the User’s IT system meets the technical requirements necessary to properly display and operate the website.
Content – comments, opinions, or ratings posted by the User on the Internet Portal. The ability to post Content is available only to those Users who have registered an Account by logging into the appropriate Account.
Login – the User’s email address used during the registration process and each time they access the Account.
Password – an alphanumeric string necessary to authorize (identify the User) when accessing the Account, set by the User during the registration process.
Clauses – consents for processing personal data in the form of checkboxes on the appropriate page of the BRAKES4CASH portal, granted by the User to the Service Provider during account registration or when placing an Order as an unregistered entity.
Account – a set of information stored in the Service Provider’s IT system regarding a given User and their Offers and Sales Agreements, through which the User can submit Offers, conclude Sales Agreements, or post Content.
Privacy Policy – a set of rules concerning the processing and protection of the User’s personal data as outlined in section 10 of these Terms and Conditions.
Terms and Conditions – these Terms and Conditions.
Delivery of Goods – an agreement for the transportation service to the Portmetal sp. z o.o. warehouse concluded between Portmetal sp. z o.o. and a third-party transport company, the cost of which is borne by the User.
Seller – a User who has entered into a Sales Agreement with Portmetal sp. z o.o. or has taken steps to conclude such an agreement by expressing a willingness to receive an offer.
Buyer – Portmetal sp. z o.o., located at ul. Budowlanych 6/1a, 41-303 Dąbrowa Górnicza, registered in the National Court Register, with KRS number: 0000705467.
Goods – used brake discs offered by the User via the Internet Portal for purchase by the Buyer.
Sales Agreement – a sales agreement within the meaning of the Civil Code concluded remotely via the Internet Portal between the Buyer and the Seller under the Act of May 30, 2014, on consumer rights (Journal of Laws 2017, item 683). The content of the Sales Agreement consists of an Offer (in the case specified in section 7, point 5 of the Terms and Conditions) or a report (in the case specified in section 7, point 4 of the Terms and Conditions) and these Terms and Conditions. The Sales Agreement is governed by the law of the Republic of Poland and is concluded exclusively in Polish, and should be interpreted in Polish.
Service – a free service provided electronically by the Service Provider under the conditions specified in these Terms and Conditions, enabling the User to submit an Offer and post Content on the Internet Portal.
Service Provider – Portmetal sp. z o.o., located at ul. Budowlanych 6/1a, 41-303 Dąbrowa Górnicza, registered in the National Court Register, with KRS number: 0000705467.
User – a natural person conducting a sole proprietorship or a legal entity, or an organizational unit without legal personality but capable of acquiring rights and incurring obligations, using the Internet Portal.
Offer – a declaration of will to sell Goods expressed by the User via the Internet Portal (by completing an electronic form on the Internet Portal), enabling the Service Provider to identify the User and specifying the Goods and their collection location.
2. Portal Functionality Rules for BRAKES4CASH:
The BRAKES4CASH platform operates on an offer-based system where the user fills out an electronic form with a declaration of the goods they are offering for sale to the buyer (the Offer), and the buyer arranges the transport of the declared goods to their premises at the user’s expense. Once the goods are checked, a report is provided to the user, which the user can either accept or reject.
3. General Terms of Sale:
The general terms of the sales contract are available on the website www.BRAKES4CASH/regulamin/.
During the submission of an Offer, the user is required to fill out an electronic form available on the platform, providing necessary data for the identification of the user and the execution of the sales contract. The form must include the user’s name, email address, phone number, and the address for the collection of the goods.
The user must accept (by ticking the relevant checkboxes in the form) the terms of this Agreement.
The user can also register an individual account on the BRAKES4CASH portal, through which they can submit Offers, enter into Sales Contracts, view the history of concluded contracts or submitted offers, and upload content.
Each time the user submits the electronic form, it is treated as the conclusion of an agreement with the service provider for the service of collecting the goods from the user, and also constitutes an Offer for the sales contract.
4. Agreement Expiration:
The service agreement expires when:
The user withdraws the Offer via email to biuro@BRAKES4CASH;
The Sales Agreement is executed by the parties;
The user provides false information in the form or data that prevents the collection of the goods.
The service provider operates solely within the territory of Poland and is not responsible for any errors made by the user while submitting the Offer.
5. Offer Details:
Information on the portal does not constitute an offer under civil law. The sales contract is concluded when Portmetal sp. z o.o. confirms the acceptance of the Offer via email. An email confirming the submission of the Offer does not equal the acceptance of the Offer.
The General Sales Terms of the user are only valid if the service provider has previously agreed to them in writing.
Any modification of the Offer or other statements made by the user, without the service provider’s written consent, is invalid.
The Offer submitted by the user allows Portmetal sp. z o.o. to commission a transport company to transport the goods from the user to Portmetal’s premises, with the temporary cost of transport covered by Portmetal sp. z o.o.
Failure to respond to the Offer within 14 days is treated as acceptance.
The seller must accept or reject the Offer without delay, but no later than 14 days from receiving it from the buyer.
If the Offer is rejected by the seller, they must promptly collect the goods from the buyer within 3 days. The buyer may charge the seller for storage costs of the goods, in accordance with the current rate indicated on the portal.
The sales contract is concluded when Portmetal sp. z o.o. accepts the user’s Offer.
6. Delivery of Goods:
The service provider organizes the transport of the goods to Portmetal sp. z o.o. after receiving the user’s Offer. The transport cost is borne by the user, according to the amount specified on the portal at the time the Offer is submitted.
The transport cost is payable within 15 days of the user’s submission of the Offer, to the bank account specified in the confirmation email.
If a sales contract is concluded between the user and Portmetal sp. z o.o., the parties agree to offset the transport costs paid by the user against the amount due to the user under the sales contract.
7. Price and Payment for Goods:
The price indicated in the user’s Offer submitted through the electronic form is binding for both parties.
In accordance with the VAT Act of 11 March 2004, the user authorizes Portmetal sp. z o.o. to issue invoices on their behalf for the sale to Portmetal sp. z o.o., including invoices for such sales (including corrective invoices). Portmetal sp. z o.o. agrees to this authorization.
Portmetal sp. z o.o. is obliged to issue invoices no later than 7 days after the event to which they pertain and will send the invoices electronically to the user within 7 days.
Invoices provided on time, which are not contested by the user within 7 days, will be considered accepted.
If the user points out any discrepancies in a given invoice, Portmetal sp. z o.o. will correct it within 7 days and send the corrected invoice for review.
This authorization to issue invoices on behalf of the user remains valid until revoked or the user’s account is deleted.
Afterward, Portmetal sp. z o.o. will issue an invoice for the transport costs and offset this against the invoice for the goods.
The price will be paid within 30 days of the acceptance of the report or the Offer by Portmetal sp. z o.o., and after the transport costs have been deducted.
The agreed price is gross and in PLN. Portmetal sp. z o.o. will make the payment using split payment, i.e., the VAT portion to the seller’s VAT account, and the net portion to the seller’s indicated account.
8. Withdrawal from the Agreement:
The user may withdraw from the agreement by submitting a declaration within 14 days from the conclusion of the Sales Agreement.
In case of withdrawal, both parties must return the benefits received within 14 days from the date of receipt of the withdrawal declaration, with the stipulation that the goods delivered to Portmetal sp. z o.o. must be made available for collection at the company’s premises.
The buyer may withhold the return of the goods until the refund is received on their bank account.
Due to the specific nature of the goods and their economic use, the goods may be combined or processed. In such cases, Portmetal sp. z o.o. will return goods of the same type and value as those that were the subject of the contract.
9.Electronic Service Complaint:
The Service Provider takes action to ensure the proper functioning of the BRAKES4CASH portal and undertakes to promptly remove any malfunctions in the operation of the Internet Portal.
The Service Provider is obligated to review all complaints submitted by the User regarding malfunctions, defects, or interruptions in the provision of Services and the functioning of the Internet Portal within no more than fourteen (14) days.
The User agrees to:
- Use the Services in a manner that does not disrupt the functioning of the Internet Portal,
- Refrain from actions such as sending or posting unsolicited commercial information on the Internet Portal, attempting to acquire legally protected information to which the User was not a recipient,
- Use the Services in accordance with the provisions of Polish law, the Regulations, and the accepted customs in the relevant field,
- Not to deliver or transmit content prohibited by the applicable law.
The User must notify the Service Provider of any infringement of their rights, as well as any breach of the rules set out in the Regulations, or any malfunctions, defects, or interruptions in the functioning of the Internet Portal and poor Service quality.
The User has the right to delete their Account and terminate the use of the Service at any time. In this case, the User has the right to terminate the Service Agreement.
All questions, objections, complaints regarding malfunctions, defects, or interruptions in the provision of Services and the functioning of the Internet Portal should be submitted to the email address: biuro@BRAKES4CASH.pl
The User agrees not to:
Violate the Terms of Service,
Provide misleading data or infringe on the rights of third parties,
Violate the intellectual property or personal rights of the Service Provider or third parties, in particular, the personal rights of other Users,
Engage in behavior that is inconsistent with the Terms of Service, good manners, or applicable legal provisions.
In the case of a violation by the User or third parties using their Account, the Service Provider, without prejudice to other rights granted to them under the provisions of the Regulations or applicable law, may terminate the Service Agreement by submitting a written (email) statement.
10. Withdrawal from the electronic service agreement:
The User has the right to withdraw from the agreement for the provision of Services without giving any reason, by submitting a relevant statement within fourteen calendar days from the day the Service Agreement was concluded. The above provisions do not limit the possibility of terminating the Service Agreement after the above-mentioned deadline.
The User may exercise their right of withdrawal from the Service Agreement by sending a statement of withdrawal to the Service Provider’s correspondence address or email: biuro@BRAKES4CASH
In case of withdrawal from the Service Agreement, the agreement is considered not concluded.
11. Personal data protection and privacy policy:
The Administrator of personal data of Users in accordance with the Act of August 29, 1997, on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended) (hereinafter: “Personal Data Protection Act”) is the Service Provider.
The Service Provider processes personal data of Users in accordance with the Act of August 29, 1997, on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended).
During registration on the Internet Portal, the User provides the following information in the registration form: first name, last name, exact pickup address, phone number, email address, NIP.
The User provides their personal data voluntarily during the registration process on the Internet Portal.
The Service Provider processes the User’s personal data to provide the Service, including ensuring contact between the User and the Service Provider.
The Service Provider, at the User’s request, provides the User’s personal data to the transport company DHL Parcel Polska sp. z o.o. to process and execute the Offer as specified in these Regulations.
The Service Provider processes the User’s personal data for marketing purposes only with the User’s explicit consent, expressed via the appropriate Clause.
The User has the right to complete, update, correct, request the cessation of processing, or delete their personal data processed by the Service Provider if they are incomplete, outdated, untrue, or were collected in violation of the law, or are no longer necessary for the purpose for which they were collected.
Any requests regarding the User’s personal data (completion, correction, deletion, cessation of processing) should be reported to the email address: biuro@BRAKES4CASH or directly to Portmetal Sp. z o.o., ul. Budowlanych 6/1a, 41-303 Dąbrowa Górnicza.
12. Cookies:
When visiting the Internet Portal, the following User data is automatically collected:
IP address,
Date and time of the visit,
Type of operating system,
Type and version of the web browser,
Address of the page from which the user was redirected to the Service page and other data sent by the browser in the HTTP request headers (such as language preferences, domain, searches),
Screen resolution and browser window size.
The Portal uses cookies to perform statistical, social, advertising, and functional services. The conditions for storing or accessing cookies can be set in the web browser settings.
13. Final provisions:
The Regulations are available at www.BRAKES4CASH.pl/regulamin/.
Neither party may transfer rights and obligations arising from the concluded agreements.
These Regulations may be amended. The change to the Regulations comes into force 14 days after its publication on the Service. The Service Provider will inform the User about the change in the Regulations via an electronic message containing a link to the changed Regulations text. If the User does not accept the changes, they should notify the Service Provider by clicking on the “I do not accept the changes to the Regulations” link, which will be considered a request for the deletion of the Account on the Portal.
Any disputes between the Buyer or Service Provider and the User who is not a Consumer will be settled by the court competent for Portmetal Sp. z o.o.
The User hereby declares that they have read the Regulations, understand its content, fully accept it, and agree to comply with it.
Appendix No. 1:
Town, date
Full name
Consumer’s address
Business name: Brakes4cash
Portmetal Sp. z o.o.
Budowlanych 6/1a
41-303 Dąbrowa Górnicza
DECLARATION OF WITHDRAWAL FROM THE DISTANCE CONTRACT OR OFF-PREMISES CONTRACT
I hereby declare that, exercising the rights under Art. 27 of the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827), within the 14-day deadline, I withdraw from the contract concluded on ……………… regarding the sale of …………………………………………………………………………………………………………………., delivered on ………………… Please return the goods to the address ……………………………………………………………………………………………………………………………..
Full name
………………………….. [signature]
