Maciej Nowicki
info@merkurymt.com

Terms of Service

These Terms of Service govern your use of the website located at https://merkurymt.com/ and any related services provided by PPHU Merkury Maciej Nowicki.

By accessing https://merkurymt.com/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree to these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by PPHU Merkury Maciej Nowicki.

We, PPHU Merkury Maciej Nowicki, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 10 May 2021.

Definitions

We = PPHU Merkury Maciej Nowicki

Website = https://merkurymt.com/

Services = all interactions that We can provide to you in regards to machines

Announcement = detailed description of the Machine that the seller wants to sell. The announcement is available on the Website and Potential Buyers to read.

Machine = a machine, that can have or already has an announcement on the Website.

User = a person that visits the Website. See Users Restrictions for reference.

Seller = a user that have registered and logged in on the website, that is in possession of Machines which she wants to sell. She does it by submitting an Announcement through the portal using dedicated form.

Potential Buyer = Internet User that visits the Website with the intention to view available Machines and potentially buy some of them by contacting the Seller through us.

Buyer = Internet User that visited the Website with the intention to view available Machines and, after receiving Seller’s contact details from us, she bought the Machine from her.

Users Restrictions

Our website and services can only be used by natural persons that is at least 18 years old and have full capacity to perform acts in law, legal persons, and organizational units not having a legal personality but being able to acquire rights and assume obligations on their own behalf.

Our website and our Services

The primary goal of this website is to connect together people that are looking for specific machines and people that wish to sell their machines. Potential buyers can browse through the list of available announcements added by Sellers. You can both add announcements and browse through them free of charge. However, we will claim a commission if we find you a buyer for the machine described in the announcement. You can find all details about both our website and our services further within these Terms of Service.

Laws and regulations in regards to adding announcements

• In order to add an announcement for your machine, we require you to log in on our website. If you don’t have an account on our website, you will have to create one to do so.
• You may only submit an announcement for machines that you are either the owner of or you have the legal permission to act on behalf of the owner of the machine.
• By submitting an announcement, you grant us rights to display and advertise your machines on our website (and through other channels).
• To add an announcement, you will have to use designated form where you need to provide machine details such as name, description etc.
• For each machine, we require you to add at least one picture that shows that particular machine. The machine should be identifiable basing on that attached picture.
• We highly recommend to add more pictures as this vastly improves the likelihood of finding a potential buyer for your machine. However, we don’t require you to do so.
• You can only submit pictures that you have copyrights to and that don’t include neither personal identifiable information nor any seller details like seller’s contact details, seller’s logo or any other seller details that can lead to identify the owner of the machine. Moreover, all picture cannot also include any harassing, indecent, obscene, fraudulent, or unlawful material.
• By submitting pictures of on our website, you grant us full rights to store, edit, display these pictures on our website as well as to send them to potential buyers.
• If you wish to revoke our rights to your pictures, you can do that by removing them from the machine description through the relevant page. We will then remove all copies of these media from our website.
• If the machine is broken, damaged, incomplete or cannot be used according to its purpose/description, the seller is required to state that in the description. The price should reflect the actual state of the machine.
• We reserve the right to modify details of machines that you have submitted on our website in order to ensure the highest quality of all offers available on our website. However, such changes should not affect neither the overall scope of the announcement nor machine’s price.
• We reserve the right to reject your announcement, even if provided with all necessary information, in case the machine you want to sell is not related to food processing industry and related. In such case, we will inform you about that and remove the announcement.
• To maximize number of potential buyers, we automatically translate you announcement to be able to present them in all: Polish, English and Russian language. As this is an automatic translation, we don’t guarantee the quality of the translation. You can verify the translated announcement by selecting relevant language on the website.
• Regardless of the language in which the announcement is displayed, it is the seller to be responsible for presented content and PPHU Merkury Maciej Nowicki does not take any responsibility for it.
• At any moment, you can check how your announcements are being displayed.
• At any moment, you can edit details of your announcements
• At any moment, you can remove your announcements from the Website
• For every announcement you add, we will require you to provide expected net price in Euro you wish to get for your machine. This will be displayed to potential buyers.
• It is free of charge for you to submit and machine announcement on our Website. However, if you successfully sell the machine basing on the contact we provided to you, we will charge you with a commission that you have to pay to us for finding you the buyer for your machine. The net commission is equal to 10% of the machine’s net price displayed in the announcement (but no less than 250€). The actual settlement between you and us should be done basing on an invoice we send to you.
• To make sure you are aware of the actual commission value for your machine, we will inform you about that amount next to the Expected Price field when you are about to add new announcement. If you find this value unacceptable, you can refrain from submitting the announcement you are about to create. The announcement will stay in a draft state in case you wish to actually submit that Announcement later. You can also remove such draft Announcement if you wish so.
• Announcements that are in a draft state are not visible for anyone but the Seller.
• Every Announcement that you submit will be active for 31 days. After this period we will mark your announcements as expired and inform you about this fact. Expired announcements are not being shown on the search result list and, when visited by potential buyers, will be marked as expired.
• In you wish to make the announcement visible again, you can renew the announcement through the dedicated option on the list of your announcements and/or on the details page of your announcement. We will ask you to provide again the price for the machine to make sure it is up to date.
• Announcement renewal works similarly to the initial submission of the announcement. Is free of charge to renew the announcement, however we will claim provision if you successfully sell machine to the contact we provide to you. The same commission rate table applies here.
• If we decide to amend the global commission rate table, we will inform you about this in advance. However, the commission rate for active machine announcements that you have on our website will remain unchanged. We will take new commission rate for every newly added announcements and for offers that you refresh, when they expire.
• The commission is calculated basing on the price specified in the announcement we display on website. If this price changes as a result of price negotiations between the seller and the buyer, the seller is required to inform us about that. Basing on provided data, PPHU Merkury Maciej Nowicki can, but is not required to, amend the expected commission amount for that machine. We reserve this right refrain from amending the commission to protect us from e.g. any price manipulations conducted in bad faith and/or to cause damage to PPHU Merkury Maciej Nowicki.
• Finally, the seller is required to immediately revoke/remove the announcement for machines that she sold outside the website, is no longer the owner of, is no longer permitted by the owner of the machine to act on behalf of, or has no longer the intention to sell.

Laws and regulations in regards to browsing through available machines

• A potential buyer can navigate through the website to search for a machine that she might be interested in.
• For every machine, potential buyer can read all provided information in regards to the machine like: description, photos and the expected net price for the machine.
• Potential buyer can submit questions in regards to particular machine. PPHU Merkury Maciej Nowicki then takes these questions and pass them to the seller and informs the potential buyer with the response.
• If the potential buyer decides that she is interested in buying displayed machine, she contacts PPHU Merkury Maciej Nowicki through one of available channels: dedicated contact form, an email or a phone call.
• It is free of charge to browse through our available announcements list. However, if you successfully buy the machine basing on the contact we establish for you with the seller, we will charge you with the commission. The net commission is equal to 5% of the machine’s net price available in the announcement (but no less than 125€). The actual settlement between you and us should be done basing on an invoice we send to you.
• We will remind all potential buyers about the fact and the amount of the commission they will have to pay us if they successfully buy the machine using our website. This information can be found on the machine details page next to the expected price for the machine itself.
• If we decide to amend the global commission rate table, we will inform you about this in advance. However, the commission rate for announcements that you have already have the contact established for will remain unchanged. We will take new commission rate for offers that potential buyers send new contact request for.
• All prices displayed on the website as well as commissions are Net values for the machine itself. You need to remember about necessary taxes (if applicable), transport costs and other costs like e.g. customs tariffs. PPHU Merkury Maciej Nowicki does not take any responsibilities for these.

Laws and regulations in regards to a request to buy a machine

• Whenever PPHU Merkury Maciej Nowicki receives a request from potential buyer that she is interested in buying certain machine, we:
• Inform potential buyer about transaction terms and remind about the commission to be paid in case of a successful transaction
• Request Potential buyer to sign intermediation agreement that states that the potential buyer is forbidden to make a transaction with the seller (or her legal representative) for this particular machine outside of our website. This agreement also forbid the Potential buyer to disclose any Seller details to other people or entities.
• Request the Seller to sign intermediation agreement that states that the seller is forbidden to make a transaction with that potential buyers for this particular machine outside of our website. This agreement also forbid the Seller to disclose any Potential Buyer details to other people or entities.
• Potential buyer and/or Seller may decide not to sign the agreement but this will cause that their contact details will not be shared to each other, and they cannot make the transaction using our Website / Services.
• Only whenever both intermediation agreements are signed, the contact details are shared between the seller and potential buyer and parties can initiate the actual part of Machine acquisition.
• From this point on, PPHU Merkury Maciej Nowicki does not take active part in the Machine acquisition process, however we can act as a support for the deal for example if one of parties ask for such assist. Moreover, PPHU Merkury Maciej Nowicki is not part of the deal itself and does not take any responsibility for any damage caused by either of the deal sides to each other, especially if one of the deal side does not fulfil their responsibilities or liabilities to the other side.
• If as part of the cooperation between the Seller and Potential Buyer they decide to make a deal about other machine that the one used to establish the initial contact for, but for that machine there is an announcement submitted by the Seller and available on our Website, PPHU Merkury Maciej Nowicki reserves rights to claim the commission similarly like it would be the primary machine used to establish the contact between the Seller and Potential Buyer. The commission value is calculated on general rules as descried in this document.
• Finally, the seller is required to inform within 7 days PPHU Merkury Maciej Nowicki about the completed deal between the seller and the buyer (including the actual list of machines sold and the transaction price). Basing on that event, PPHU Merkury Maciej Nowicki will create and send invoice for our services to both the seller and the buyer. If the seller fails to inform us about the completed deal, we will be allowed to charge the Seller with a fine of additional 100% of the commission value for that machine – which means that the Seller will have to pay double the commission value.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. Remove any copyright or other proprietary notations from any materials and software on this website;
3. Transfer the materials to another person or “mirror” the materials on any other server;
4. Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service PPHU Merkury Maciej Nowicki provides;
5. Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. Use this website or its associated services in violation of any applicable laws or regulations;
7. Use this website in conjunction with sending unauthorized advertising or spam;
8. Harvest, collect, or gather user data without the user’s consent; or
9. Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to PPHU Merkury Maciej Nowicki and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by PPHU Merkury Maciej Nowicki at any time.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, PPHU Merkury Maciej Nowicki makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall PPHU Merkury Maciej Nowicki or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if PPHU Merkury Maciej Nowicki or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes but not limits to any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. PPHU Merkury Maciej Nowicki does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

PPHU Merkury Maciej Nowicki has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by PPHU Merkury Maciej Nowicki of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service for any breach of these Terms of Service.

In such event all your active announcements will be removed from the website and no further buyer contact will be arranged for your machines. However, this does not terminate any liabilities that you may have toward PPHU Merkury Maciej Nowicki for deals that have been already done through / with our website as well as for future deals done if based on the contact that has been already established through / with our website (this only refers to machines that the potential Buyer has asked about so far and, for which, we have shared your contact details to each other). For these deals, we consider that the our services have been already conducted hence we reserve our rights to claim the commission basing on terms defined in this document.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Poland. You irrevocably submit to the exclusive jurisdiction of the courts in that country. The court relevant for PPHU Merkury Maciej Nowicki is located in Bydgoszcz, Poland.

Translation

These Terms of Services are available in 3 different languages, English, Russian and Polish. We did our best to ensure that they are identical. However, in any case of these language versions contradict each other, the Polish version acts as a primary one and overrules other ones.