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Terms & Conditions

§ 1 – General Provisions

  1. The Service operates under the terms of these Regulations.
  2. The Regulations define the types and scope of services provided electronically by the www.traxfair.com website, the rules for the provision of these services, and the terms for the conclusion and termination of agreements for electronic services. The Site also allows registered Service Recipients to submit Inquiries and Offers, and to take advantage of the affiliate program.
  3. Each Service Recipient, as soon as they take steps to use the Electronic Services of www.traxfair.com, is obliged to comply with the provisions of these Regulations.
  4. The Service Provider is not responsible for the lack of interest in the Inquiries and Offers posted on the Site, their timeliness, possible errors or mistakes in the information posted by Service Recipients.
  5. The Service prohibits the presentation of products prohibited by generally applicable laws.
  6. The www.traxfair.com website provides space for Service Recipients to publish Requests and Offers, as well as to dispose of and buy products posted under Contracts concluded with the Service Provider.
  7. All trade names, product names, company names and their logos used on the Website belong to their respective owners and are used for identification purposes only. All materials, descriptions and images are used for informational purposes.
  8. The Service Provider has the right to post advertising content on the Site. This content is an integral part of the Website.
  9. Contracts concluded through the Site are of a professional nature, related to the business activities of the Service Recipients.
  10. In matters not covered by these Regulations, the following shall apply:
    1. Civil Code
    2. Law on Consumer Rights of May 30, 2014
    3. Law on Copyright and Related Rights of February 4, 1994
    4. The Law on Provision of Electronic Services of July 18, 2002
    5. And other relevant provisions of Polish law.

§ 2 – Definitions

  1. Regulations – these regulations of the Service.
  2. Service – the Service Provider’s website operating at www.traxfair.com.
  3. Service Provider – TRAXFAIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (TRAXFAIR Ltd.), KRS: 0000972974, NIP: 5862381014, REGON: 522200806, share capital: PLN 20,000; registered office: Al. Zwycięstwo 245/9, 81-525 Gdynia; e-mail: office@traxfair.com, phone: +48 798 831 286.
  4. User – a natural person, legal person or organizational unit using the Electronic Services of the Site. Only an Entrepreneur may be a Customer entering into Purchase or Sales Agreements.
  5. Enterprise – a natural or legal person, or an organizational unit without legal personality, conducting business or professional activity on its own behalf.
  6. Electronic Service – a service provided electronically by the Service Provider to the Customer through the Site.
  7. Inquiry Form – a form allowing Service Recipients to send Inquiries regarding specific goods.
  8. Request – a statement of intent by a Service Recipient (Buyer) interested in concluding a Purchase Agreement for a specific good at a specific Price.
  9. Offer – a statement of intent by a Service Recipient (Bidder) interested in concluding a Sales Contract at a specific Price and under specified conditions.
  10. Registration Form – a form allowing creation of an Account. A prerequisite is reading and accepting these Terms and Conditions.
  11. Account (Profile) – a set of resources in the Service Provider’s ICT system, marked with an individual login and password, in which the Client’s data are collected.
  12. Search Engine – an Electronic Service allowing Service Recipients to search for specific Offers based on provided data and filters.
  13. Order Form – a form sent to the Buyer by the Service Provider, allowing acceptance, rejection or negotiation of a specific Offer.
  14. Offer Form – a form available after logging in, allowing posting of an Offer to dispose of specific goods at a specific Price.
  15. Buying Agreement – a contract between the Buyer and the Service Provider, the subject of which is goods sold to the Buyer.
  16. Sale Agreement – a contract between the Bidder and the Service Provider, the subject of which is goods sold to the Service Provider by the Bidder.
  17. Agreement(s) – both Purchase Agreements and Sales Agreements concluded through the Service.
  18. Price – the monetary value the Customer or Service Provider is obliged to pay for goods subject to the Contract.

§ 3 – Type and Scope of Electronic Services

  1. The Service Provider makes available the following Electronic Services:
    1. Bid Form
    2. Request Form
    3. Order Form
    4. Acceptance Form
    5. Account
    6. Search Engine
  2. Provision of Electronic Services is carried out under the terms set forth in these Regulations.
  3. Inquiries and Offers on the Website are added by Service Recipients.
  4. The Service Provider reserves the right to selectively verify the content of Accounts and Requests/Offers. The Service Provider does not moderate content except as provided in § 11 and § 4 points 4, 5 and 6 of these Regulations.
  5. Service Recipients can search for Requests and Offers using the Search Engine by key attributes and filters.
  6. Terms of use of the Account:
    1. Registration of an Account is optional, but necessary in order to publish Requests and Offers.
    2. When registering, the Service Recipient is required to provide: email address, TAX ID, name/company data, and password.
    3. The Service Recipient is obliged to keep the information posted on the Profile and in the Requests/Offers up to date.

§ 4 – Terms and Conditions for the Provision of Electronic Services

  1. Provision of Electronic Services specified in § 3.1 is free of charge.
  2. Period for which the contract is concluded:
    1. The agreement for adding Offers via the Offer Form is concluded for a definite period and terminates upon adding or withdrawing an Offer.
    2. The agreement for adding Inquiries via the Inquiry Form terminates upon removal, expiration, or finalization of the transaction.
    3. The agreement for concluding Purchase Agreements through the Order Form terminates upon using its functionality in relation to a specific Offer.
    4. The agreement for maintaining an Account is for an indefinite period and terminates upon deletion or termination by either party.
    5. The agreement for use of the Search Engine terminates upon cessation of use.
  3. Technical requirements:
    1. A computer or mobile device with Internet access
    2. Email access
    3. A web browser
    4. Cookies and JavaScript enabled
  4. The recipient is obliged to use the Site in a manner consistent with the law and good morals.
  5. The customer is obliged to enter data in accordance with the facts.
  6. The Customer is prohibited from providing unlawful content.

§ 5 – Inquiries and Offers

  1. Conditions for adding Requests and Offers:
    1. Adding an Inquiry or Offer is possible only after registering an Account.
    2. The Service Recipient must log in and use the “Add Inquiry” or “Add Offer” button.
    3. The User is obliged to ensure that the content of Inquiries/Offers is up-to-date, factually correct, truthful and complete.
  2. Edit and terminate Requests and Offers:
    1. The Customer may delete and edit active Requests and Offers through their Account.
    2. Publication ends: (a) on the initiative of the adder before expiration of the term, or (b) upon removal by the Service Provider due to Terms of Service violations.
  3. Response to Request:
    1. The Service Provider sends the closest matching Offer, modified by delivery and handling costs. The Sales Contract is concluded upon acceptance by the Inquiry sender.
    2. The sender of the Request must respond (accept, reject or negotiate) within 2 days of receipt.
    3. Absence of response means the Offer is considered rejected.
    4. Negotiations are subject to the same provisions mutatis mutandis.
  4. Response to Offer:
    1. The Service Provider may accept an Offer as long as it has not been removed by the Bidder.
    2. Acceptance will be communicated by email and in the Bidder’s Account panel.
  5. Conclusion of Purchase Agreement:
    1. The Buyer must accept the Offer presented by the Service Provider or send a Return Offer which is accepted by the Service Provider.
    2. Acceptance can be made through the Order Form.
    3. The Buyer must accept these Terms and Conditions and confirm reading the Offer terms.
    4. The Buyer will receive a VAT Invoice electronically via the Account panel.
    5. Confirmation of Order acceptance binds the Buyer to the Purchase Contract.
  6. Conclusion of the Sales Agreement:
    1. The Sales Contract is concluded under the conditions specified in the Bidder’s Offer, unless negotiated.
    2. The moment of conclusion is receipt of the acceptance notification by the Bidder.
    3. The Bidder shall issue a VAT invoice to the Service Provider with a specified payment term.
  7. Payment methods:
    1. Payments are made on the basis of issued proformas or payment terms for a specific Contract.
    2. The bank account number for payments under the Sales Agreement will be included on the VAT invoice.
  8. Delivery of goods (Purchase Agreement):
    1. Method and date of delivery will be specified in the Offer sent to the Buyer.
    2. Transportation and logistics are organized by the Service Provider.
    3. The Buyer bears risk of accidental loss or damage from the moment of delivery.
    4. The Buyer is obliged to examine the shipment and perform all actions necessary to determine carrier liability if damage is found.
  9. Receipt of goods (Sales Agreement):
    1. Method and date of collection will be specified in the Offer.
    2. Transportation and logistics are organized by the Service Provider.
    3. The Bidder bears risk until the goods are released to the Service Recipient.

§ 6 – Contracts Between Service Recipients and the Service Provider

  1. General information:
    1. The Service Provider is a party to all Contracts concluded through the Site.
    2. All Agreements are subject to these Terms and Conditions and the individually agreed terms.
  2. Complaint of goods purchased by the Buyer (Purchase Agreement):
    1. Complaints are made under the terms of the Civil Code of 1964.
    2. Complaints may be submitted by email to: office@traxfair.com, with a scan of the invoice and the basis of the complaint claim.
    3. Complaints will be answered within 14 days of receipt.
  3. Complaint of goods by the Service Provider (Sales Agreement):
    1. Complaints are carried out in accordance with the Civil Code of 1964.
    2. The Service Provider will submit complaints by email to the Bidder’s registered email address, attaching a scan of the invoice and the basis of the claim.
    3. The Bidder must respond to the complaint within 14 days of receipt.
    4. Absence of response within that period means the complaint is considered accepted.

§ 7 – Termination of Contracts for Electronic Services

  1. Termination of the contract:
    1. A continuous and indefinite contract (such as maintaining an Account) may be terminated.
    2. The Customer may terminate with immediate effect by sending a statement via email to: office@traxfair.com.
    3. The Service Provider may terminate if the Client violates the Terms and Conditions, after an ineffective prior request to cease violations. The contract expires after 2 days from submission of the termination statement.
    4. Termination leads to the end of the legal relationship with future effect.
  2. The Service Provider and the Customer may terminate the contract at any time by mutual agreement.

§ 8 – Complaints and Reporting Violations

  1. Complaints related to Electronic Services:
    1. Complaints may be submitted by email to: office@traxfair.com.
    2. Provide as much information as possible about the subject, type and date of the irregularity, and contact information.
    3. Complaints will be considered no later than within 14 days of receipt.
    4. The Service Provider’s response will be sent to the Customer’s email address provided in the complaint.
  2. The Service Provider and the Customer may terminate the contract at any time by mutual agreement.

§ 9 – Intellectual Property

  1. All content posted on www.traxfair.com enjoys copyright protection and is (except for content posted by Service Recipients and elements used under license) the property of TRAXFAIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS: 0000972974. The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the unauthorized use of www.traxfair.com content.
  2. Any use without the express written consent of the Service Provider of any element of www.traxfair.com constitutes an infringement of copyright and will result in civil and criminal liability.
  3. The Client, by submitting files, images and other digital content to the Site, shall be solely responsible for any infringement of copyright, related rights, or personal rights of third parties, and agrees to indemnify the Site or the Service Provider from any related claims.

§ 10 – Responsibility

  1. The Service Provider shall make every effort to ensure that data available on the Site is complete, up-to-date and presented with due diligence.
  2. The Service Provider shall comply with all obligations required by the Digital Services Act (EU Regulation 2022/2065) and shall designate a point of contact at its registered office or at: office@traxfair.com.
  3. It is unacceptable to post unlawful content or content that: (a) is unrelated to the subject matter of the Service, (b) unjustifiably violates the good name of the Service Provider, (c) contains uncensored words, or (d) promotes activities competing with the Service Provider.
  4. In case of publication of such content, the Service Provider may moderate it (refuse, deposit, remove, restrict access, suspend monetization, or terminate accounts/services).
  5. In case of automatic moderation, Service Recipients retain the right to appeal via email to office@traxfair.com. Appeals will be considered within 14 days.
  6. Service Recipients who discover a violation may report unauthorized content via email to: office@traxfair.com.
  7. Reports must include: (a) substantiated explanation of why the content is illegal, (b) exact electronic location (URL), (c) name and email of the reporting Service Recipient, (d) a statement confirming the bona fide belief that the information is correct and complete.
  8. The Service Provider will acknowledge receipt and inform of the outcome without undue delay.
  9. If a legitimate notification is found, the Service Provider will inform the responsible Service Recipient that their content has been moderated, with justification.
  10. If the Service Provider acquires information giving rise to suspicion of a crime threatening life or safety, it shall immediately inform law enforcement or judicial authorities.
  11. The Service Provider shall inform Service Recipients of significant changes to the Terms and Conditions.
  12. Service Recipients are fully responsible for any violation of law or damage caused by their actions on the Site.
  13. The Service Provider will make every effort to inform Service Recipients in advance of possible disruptions or interruptions.
  14. The Service Provider shall make every effort to ensure proper functioning of the Website in formal and legal terms.
  15. The Service Provider will take into account changes in legislation and update the Service accordingly.
  16. System updates will be carried out without charging additional costs to Service Recipients.
  17. The Service Provider takes all measures to protect the data of Service Recipients.
  18. The Service Provider shall not be liable to Service Recipients who are Entrepreneurs for:
    1. Damages directly or indirectly caused by use, inability to use, or malfunction of the Service’s software, or system/power failures.
    2. Improper use of the Site or malfunctioning of equipment or communications systems.
    3. Damage caused by errors, failures or interruptions in the operation of the Service.
    4. Disruptions or loss of data resulting from force majeure or third parties.
    5. Actions of third parties using Site data contrary to applicable law or Regulations.
    6. Inability to log in caused by connection quality, ICT system failure, or misconfiguration.
    7. Consequences associated with loss of password.
  19. The recipient is responsible for providing an email address to which they do not have access, in particular an incorrect address or one belonging to another entity.

§ 11 – Final Provisions

  1. Contracts concluded through the Service are in accordance with Polish law.
  2. If any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
  3. Changes to the Terms and Conditions are binding on the Client provided the Client has been properly informed and has not terminated the agreement within 14 days from notification of the changes.
  4. Any disputes between the Service Provider and Service Recipients will be resolved first by negotiation, with the intention of amicable settlement. If that is not possible, disputes will be resolved by the competent common court.
  5. Any disputes between the Service Provider and a Customer who is also an Entrepreneur shall be submitted to the court having jurisdiction over the place of the Service Provider’s headquarters.

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