Terms used in these Regulations shall have the following meaning:
Auction – an electronic auction, specified in these Regulations, carried out on the website at aukcje.sgef.pl, consisting in the submission of offers by the Participants to purchase the Subject of the Auction and conclusion of the sales contracts. The auction may be conducted in the bidding mode or in the offer sale mode.
Auction with Commission – an auction in which the Participant, next to the purchase price, is obliged to pay a commission for participation in the auction.
Call Price – the minimum sale price of the Subject of the Auction, determined by SGELP in accordance with the provisions of these Regulations.
Subject of the Auction – any item that is not real estate, put up for sale via the Auction Website, in particular vehicles and machinery and equipment from completed leasing contracts and terminated leasing agreements, which may be owned by SGELP and another entity that authorised SGELP to its sales.
Bid Acceptance – acceptance of the most-advantageous bid purchase offer placed during the Auction by the Participant, resulting in the conclusion of a sales contract.
Auction Website – IT system, managed by SGELP, intended for conducting Auctions, maintained on the website aukcje.sgef.pl.
Participant – a natural person running a business, a natural person running a farm, a legal person or an organisational unit without legal personality, registered in SGELP online auction system, which as a result of registration received a login and password.
SellerSGEL or other entity that is the owner of individual Subjects of the Auction;
Seller – SGEL or other entity that is the owner of individual Subjects of the Auction;
Regulations –– these regulations of SGELP Auction Website.
SGELP SG Equipment Leasing Polska Sp. z o. o. a limited liability company with its registered office in Warszawa (00-102) at ul. Marszałkowska 111, registered in the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register, entry number: 69556, having share capital amounting to PLN 17,259,000 and tax identification number (NIP): 526-17-40-388 and national economy statistical number REGON: 012384296
- The Regulations shall specify:
- rights and obligations of SGELP, the Seller and the Participant related to the provision of services via the Auction Website,
- terms and conditions of sale of the Subjects of Auction as part of the Auction.
- Registration in the Auction Website means acceptance of the Regulations. SGELP provides services in accordance with the Regulations.
Subject of the Auction
- Subjects of the Auction sold at the Auction usually come from completed leasing and loan agreements.
- Before starting the Auction, the call price of the equipment is determined taking into account its current market value. The valuation is made by the Seller or with the participation of an independent expert.
- The market value referred to in paragraph 2, shall be determined on the basis of average prices in the trade of the same type of goods, taking into account their condition and degree of wear and tear.
- Information on the current condition and the degree of wear and tear of the Auction Subject shall be made publicly available to Participants by placing it on the website at auctions.sgef.pl.
- SGELP provides the Participant with the opportunity to make a personal inspection of the Subject of the Auction before submitting the offer in the place indicated by SGELP.
- Auction Subjects are usually used items, therefore the Participant is obliged to become familiar with the current technical condition of the Auction Subject being auctioned and their entry to the action means the acceptance of the given information (also if they differ from the data included in the appraisal made by the expert). The Participant, by submitting the purchase offer, declares to the Seller that they accept without reservations the technical condition of the Auction Subject and its completeness.
- The Seller shall not provide a guarantee for Auction Subjects offered in the Auction. The warranty for defects in the Subject of the Auction shall be excluded. The Participant, by submitting a purchase offer, declares to the Seller that they accept without any reservations the exclusion of warranty for defects in the Subject of the Auction.
- All materials, including graphic elements, layout and composition of these elements (the so-called layout), trademarks and other information available on the Auction website are subject to the rights of SGELP or the Sellers. The indicated elements are subject to proprietary copyrights, industrial property rights, including trademark rights and database rights, and as such they enjoy statutory legal protection.
Terms and conditions of Auction participation, registration.
- Participation in the Auction becomes possible after registering on the Auction Website at auctions.sgef.pl and after logging in and submitting the offer in electronic form.
- SGELP reserves the right to refuse to activate the Participants’ account without giving a reason.
- The Participant may use only their own account in the SGELP auction system. It is forbidden for the Participant to have more than one account in the SGELP auction system, use the accounts of other Participants and share its account with third parties.
- Participants are not allowed to create and use logins containing phrases or words vulgar or commonly considered offensive. In such cases, SGELP has the right to remove the Participant from the Auction Website.
- In conjunction with the performance of obligations under the Act of 16 November 2000 on Counteracting Money Laundering and Terrorism Financing, SGELP may request additional documents and information to apply financial security measures adequate to the level of risk, and in particular appropriate statements regarding the Beneficial Owner in case of concluding a sale agreement between the Participant and the Seller. In the case when SGELP cannot perform statutory duties, it shall not perform transactions and suspend or delete the Participant's account.
- SGELP reserves the right to refuse to re-register Participants who have previously been refused registration or whose accounts have been removed due to a breach of the Auction Regulations, within 12 months from the date of refusal of registration or deletion of the account.
- The Participant may at any time terminate the Agreement for the provision of electronic services with SGELP regarding a specific account by submitting an appropriate declaration on termination of the contract in writing. The contract for the provision of electronic services is terminated with immediate effect when the statement is received by SGELP.
- For important reasons, in particular in the case of:
- lack of co-operation between the Participant and SGELP or
- disclosure of obstacles on the part of SGELP that prevent or significantly impede the proper performance of the Contract for the provision of electronic services; the Contract for the provision of electronic services may be terminated by SGELP with a seven-day notice period.
- In justified situations, in particular in the case of:
- breaking any of the provisions of these Regulations, or
- making reasonable doubts as to the credibility or veracity of the data provided by the Participant and the lack of their explanation in the time indicated by SGELP or
- gross lack of co-operation between the Participant and SGELP or
- taking any action that may impede or disrupt the operation of the SGELP auction system or use it in a manner inconvenient to other Participants the Contract for the provision of electronic services may be terminated by SGELP with immediate effect. In a situation where a Participant participates in the Auctions initiated before the termination of the Contract for the provision of electronic services, the offer submitted by the Participant shall be excluded from the Auction upon termination of the Contract for the provision of electronic services.
- As a result of the termination of the Contract for the provision of electronic services, the Participant's account established in the SGELP auction system is removed.
- In each case referred to in paragraph 9 or paragraph 10, SGELP instead of termination of the Contract for the provision of electronic services has the right to suspend the Participant's account for a definite period in the notification sent to the Participant on the e-mail account provided by them. During the suspension period, the Participant may not participate in the Auctions.
Course of the Auction
- The announcement about the Auction shall be placed at aukcje.sgef.pl website and it shall specify in particular:
- the date of the Auction,
- the types, types and quantity of Auction Subjects sold,
- the amount of the Call Price,
- the place and date at which it should inspect the Subject of the Auction,
- the type of auction conducted, i.e. bidding or offer sale.
- Call Prices for Auction Subjects submitted during the Auction may be both gross and net amounts, however, the exact price type is specified at a particular position on the Auction.
- The minimum bid increment at the Auction is PLN 100.00 net. The final price of the Subject of the Auction will be increased by the tax on goods and services according to the rate stipulated by the regulations.
- In the case of auctions with an option to bid, the highest offered price is shown in the auction system.
- An auction must have at least two bidders to be considered successful.
- At the time of submitting the offer within the last three minutes, the auction shall be automatically extended for a further three minutes.
- In the case of submission of more than one offer for the same value, the resolution of the bidding shall be decided by the order in which the bids are submitted – the bid submitted earlier wins.
- SSGELP reserves the right to verify selected offers.
- In the absence of confirmation of the verified offer or lack of telephone contact with the customer (incorrect number, busy number or out of range), the offer is rejected.
- SSGELP has the right to withdraw the Subject of the Auction from the Auction, cancel the Auction or end the Auction without selecting the offer. In such a case, the Auction Participants shall not be entitled to any claims against SGELP for the withdrawal, cancellation or termination of the Auction.
Conclusion of the Sale Agreement
- The bid will be won nominally by the highest bid until the Auction closes.
- The conclusion of a sales contract with the Seller occurs only at the moment of submitting a statement about the acceptance of the bid by SGELP, subject to paragraph. 3 below.
- The statements shall be submitted electronically to the Participant who submitted the highest nominal offer.
- In the case of the withdrawal of the Participant who submitted the highest bid, the statement on the acceptance of the bid may be submitted to another Participant whose offer has become the highest or directed to the next Auction. The participant may withdraw from the Auction only before SGELP submits a statement on the acceptance of the bid, by submitting to SGELP by e-mail a statement on the withdrawal of the offer. The moment of submitting the statement on the acceptance of the bid and the statement on the withdrawal of the offer shall be determined by the date and time disclosed by the system in the contents of the electronic message.
- A Participant who has not fulfilled their offer shall be deprived of the possibility to submit offers in the SGELP auction system, and their account shall be blocked for the period indicated by SGELP
- The Participant, whose bid has been accepted by SGELP, is obliged to pay the purchase price and to collect the Auction Subject no later than 7 calendar days from the date of the receipt of the bid acceptance. The payment should be made to the bank account indicated by SGELP in the statement of the acceptance of the bid. Transfer of ownership of the Subject of the Auction takes place at the moment of payment of all funds of the purchase price to the indicated bank account.
- In addition, in the case of the Auction with the Commission, the Participant, in addition to the purchase price, is obliged to pay a commission for the participation in the bidding in the amount specified in the terms of the Auction concerned. The commission amount must be paid within 7 calendar days from the date of the end of the Auction. Commission payments should be made to the bank account indicated in the statement on the acceptance of the bid. Receipt of the Auction Subject will be possible from the moment when the purchase price is entered in the Seller's specified bank account and due commission in the indicated SGELP bank account.
- SGELP informs that the invoice for the auctioned Subject of the Auction will be issued by the Seller upon receipt by the Seller of the purchase price, in accordance with the data provided in the Participant's form, and in the case of a Commission Auction, the invoice including the amount of commission will be issued by SGELP upon receipt by SGELP of the amount of due commission.
- At the request of the Participant, submitted within 7 days from the receipt of the Bids by SGELP, the Participant may enter into a leasing contract for the auctioned Auction Subject, in which the purchase price will be also the offer value. The condition to conclude a leasing agreement is to meet the SG Equipment Leasing Polska credit requirements specified for this type of leasing contract and subject to the Participant signing such a lease agreement within no more than 14 days from the date of submitting the application. A negative decision of SG Equipment Leasing Polska regarding the conclusion of a leasing agreement does not release the Participant from the obligation to pay the purchase price for the auctioned Auction Subject within the period provided for in paragraph 6.
- Deadlines for payment are considered to be met if the amounts due to the Seller and SGELP are recorded in the bank account indicated by SGELP in the statement of the bid acceptance until the end of the last day of the payment deadline.
- Ineffective expiration of the payment deadline entitles the Seller to withdraw from the sales agreement within 7 days from the payment deadline. In such a case, SGELP has the right to demand from the Participant to pay a contractual penalty in the amount of 20% of the amount of the purchase price of the Auction Subject auctioned by that Participant.
Collection of the Auction Subject
- After the purchase of the Subject of the Auction, in accordance with the provisions of these Regulations, collection will be possible after paying the entire price and commission, if such was provided in the conditions of the completed Auction.
- Information about the possibility of collecting the auctioned Auction Subject shall be sent to the e-mail address provided during the registration process.
- The receipt of the Subject of the Auction shall be performed by a person duly authorised to perform this activity on behalf of the Participant.
- At the time of receipt of the Subject of the Auction, the receiver shall sign the handover protocol and possibly other documents.
Personal Data Processing
- By registering on the auctions.sgef.pl website, the Participant participating in the auction accepts the provisions of these Regulations, and agrees to the processing of their personal data contained in the registration form, in the scope specified in the consents expressed in the registration form necessary for the correct implementation of any activities related to the participation in the Auctions and the possible conclusion and implementation of the sales agreement and consents to the transfer of these data to the European Remarketing Center Sp. z o.o. based in Komorniki near Środa Śląska at ul. Lipowa for the same purpose and for transferring this data to the Seller who is the owner of the Subject of the Auction, in which the Participant takes part.
- The Participant declares that he has been informed that:
- the administrator of their personal data is SGELP;
- their personal data is collected and processed to the extent necessary for the correct implementation of all activities related to the Auction and the conclusion of the sale agreement, including the establishment, management and provision of account servicing and transactions of the registered Participant, to contact the Participant for purposes related to the correct implementation of all activities related to the Auction and the conclusion of the sales contract through available communication channels, in particular e-mail and telephone;
- they have the right to access their personal data and the right to correct it;
- they have the right to request the deletion of their personal data.
- The Participant shall update the data and information which constituted the basis for registration of the Participant in the SGELP Auction Website, immediately after each change of this data. SGELP reserves the right to verify, at any time, the reliability of the data that constituted the basis for registration of the Participant in the SGELP auction system.
- The Sellers, after obtaining the personal data of the Participants from SGELP, are obliged to fulfill all obligations resulting from the applicable provisions of law against the Participants.
- Administrator of personal data obtained in connection with the conduct of the Auction Service within the meaning of Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (general regulation on data protection) is SG Equipment Leasing Polska Sp. z o.o. with its registered office in Warsaw at ul. Marszałkowska 111, 00-102 Warsaw, and personal data is processed at the registered office of the administrator and at the registered office of Europejskie Centrum Remarketingu Sp. z o.o. in Komorniki near Środa Śląska at ul. Lipowa 2. SG Equipment Leasing Polska Sp. z o.o. informs the Applicant at the same time that their data will be processed for the purpose of carrying out all activities related to the participation in the Auctions and the possible conclusion and signing of the sales contract. At the same time SG Equipment Leasing Polska Sp. z o.o. informs the Participant that they have the right to inspect their personal data processed by SG Equipment Leasing Polska Sp. z o.o. and to request its correction.
Auction Subjects that are not owned by SGELP
- Auction Subjects that are sold at the Auction may be owned by External Entities hereinafter referred to as Entities Cooperating with SGELP.
- Before the Auction is commenced, Entities Cooperating with SGELP determine the reserve price of the equipment.
- Information on the current condition as well as the wear and tear of the Auction Subject offered by a Cooperating Entity is publicly communicated to Participants by being published at aukcje.sgef.pl.
- SGELP ensures the possibility of obtaining additional information concerning the offered Auction Subjects by submitting an additional enquiry to the Cooperating Entity that owns the Auction Subject.
- Auction Subjects are usually used items. Therefore, the Participant should check the current technical condition of the auctioned Item. Taking part in the auction means that the Participant accepts the provided information (including when the information differs from the information provided at aukcje.sgef.pl). By making a purchase offer, the Participant declares to Entities Cooperating with SGELP and to SGELP that they accept the technical condition and completeness of the Auction Subject without any reservations.
- SGELP, as the Auction organiser, does not grant any guarantee for Auction Subjects. The implied warranty for defects of the Auction Subject shall be hereby excluded. By making a purchase offer, the Participant declares to the Seller (Entities Cooperating with SGELP) and to SGELP that they accept the exclusion of implied warranty for defects of the Auction Subject without any reservations.
- SGELP, as the organiser of Auctions for Entities Cooperating with SGELP, does not guarantee that the transaction between the Seller (an External Entity) that offers Auction Subjects and the Buyer will be finalised.
- SGELP, as the Auction organiser, shall not be liable for the technical condition or legal status of the Auctioned Subjects offered by Entities Cooperating with SGELP.
- All materials, including graphic elements, the layout and composition thereof, trademarks and other information available on the Auction Website are the subject of SGELP's or the Sellers’ rights. The elements indicated above are subject to economic copyrights, industrial property rights, including rights to registered trademarks, and rights to databases, and as such they are covered by statutory legal protection.
- The Participant has the right to submit complaints regarding the concluded sale agreement and the Auction Subject in a written form sent to the address of the registered office of SGELP, i.e. ul. Marszałkowska 111, 00-102 Warsaw or in electronic form sent to the e-mail address firstname.lastname@example.org.
- Each complaint should contain at least the name, e-mail address and correspondence address of the submitting the complaint, as well as a detailed description of the complaint. The complaint should also contain a request for specific conduct on the part of SGELP.
- SGELP shall examine the complaint within 30 days from the date of its receipt or supplementation with the information necessary for its consideration. SGELP may refuse to consider complaints submitted after 30 days from the disclosure of its causes.
- The time limit indicated for considering the complaint may be extended in justified cases, in which the complaint is settled with the participation of third parties or requires know-how. However, this time limit may not exceed 30 days from the date of lodging the complaint.
- The response to the complaint is sent only to the e-mail address indicated in its content.
- SGELP shall not be liable for any impediments to participation in the Auction due to technical reasons, as well as for erroneous or accidental interruption, suspension or early termination of the Auction.
- SGELP shall not cover or participate in the costs incurred by the Participant in connection with the participation in the Auction, in particular with access to the place of inspection of the Subject of the Auction, securing the transport or loading of the Subject of the Auction.
- SGELP reserves the right to change the provisions of the Regulations and make changes to the functioning of SGELP online auctions. Information about each change to the Regulations will be posted on the aukcje.sgef.pl website. Amendments to the Regulations shall come into force within 7 days from the date of announcement and shall refer to the Auction started after the amendments came into force.
- Any disputes related to the performance, non-performance or improper performance of sales contracts concluded on the basis of the Regulations shall be settled by the court competent for the registered office of SGELP.