Terms & Conditions

PLEBBIN - TERMS AND CONDITIONS OF PROVIDING SERVICES BY ELECTRONIC MEANS

§ 1 Definitions

In these Terms and Conditions, capitalized terms shall mean:

1. "Customer" - a natural person or a legal person or an organizational unit without legal personality, to which special regulations assign legal capacity, who has entered into an agreement with Plebbin;

2. "Consumer" - a Customer who is an individual who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity;

3. “Client” – a person who uses the Platform to browsing the advertisements of Suppliers.

4. "Account" - an individual Customer panel maintained within the Platform;

5. "Platform" - www.plebbin.com;

6. "Individual Entrepreneur" - a natural person running a sole proprietorship, who enters into an agreement directly related to his/her business activity, if it is clear from the content of this agreement that it does not have a professional character for him/her, resulting from the subject matter of his/her business activity, made available on the basis of CEIDG regulations;

7. "Goods" - a product or products offered by the Supplier via the Platform that may be the subject of a Sales Agreement concluded with a Client;

8. "Sales Agreement" - a Distance Sales Contract concluded between the Supplier and the Client;

9. "Service" or "Services" - services offered by the Supplier via the Platform that may be the subject of a Sales Agreement concluded with a Client;

10. “Supplier” – a Customer who uses the Platform to offer its Goods or Services to other Customers. A Supplier may also be a Customer if he/she uses the Platform for the purposes referred to in the definition of Customer.

11. "Plebbin" - Shopinbit z o.o. with its registered office in Kraków, al. Powstania Warszawskiego 15, 31-539 Kraków, entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Department of the National Court Register under KRS number 0000932953, NIP 6751758344, REGON 520498747, the owner of the Platform;

12. "Terms and Conditions"- the contractual model for specific services, which must be accepted before ordering and using the services provided by Plebbin.

§ 2 General provisions

1. Processing of personal data is based on generally applicable law and the Privacy Policy available through the Platform.

2. The Terms and Conditions are communicated to the Customer before the conclusion of the contract and are available to the Customer at any time upon request. The Customer may copy the text of the Terms and Conditions, save it or print it out, using their device.

3. The means of communication used to perform the contract is an electronic mail [e-mail], unless the relevant provisions of the Terms and Conditions provide otherwise.

4. The Customer may contact Plebbin using the contact form available on the Platform.

5. For security reasons, Plebbin reserves the right to carry out an identity verification procedure of the Customer. For non-consumer users, the verification procedure is mandatory and positive verification entitles Customer to obtain “BUSINESS” status.

6. Plebbin will contact the Customer using the email address provided by the Customer when entering into this Agreement, unless otherwise provided in the relevant Terms and Conditions.

§ 3 Minimum technical requirements

1. The following equipment is required for the correct functions of the services:

   1. a PC, smartphone, tablet or other device that performs a similar function;

   2. active internet connection;

   3. current version of the Firefox, Chrome, Safari or Microsoft Edge web browser;

   4. Adobe Flash Player plug-in installed and JavaScript, CSS frames and styles enabled,

   5. active e-mail account.

2. Using selected services may require meeting additional technical requirements and to integrate the Platform with elements of the Customer’s digital environment in order to ensure the compatibility of the service with the Customer’s hardware or software, of which the Customer is informed on the Platform.

§ 4 Creating and maintaining an Account; Newsletter

1. The Customer must create an Account to use the Platform.

2. During the registration process, Customer will be required to provide data which will be used to log in to the Account.

3. An Account cannot be transferred to another person.

4. Account maintenance agreement is concluded for an indefinite period of time.

5. A wallet is assigned to the account, which can be credited with Plebbin-Credits. Plebbin may accrue loyalty Plebbin-Credits for encouraging another Customers to use the Platform. Plebbin-Credits can not be payed out and are only used for promotions of advertisements.

6. The Customer may cancel the Account maintenance service at any time by sending an email to plebbin@shopinbit.com. Plebbin will delete the User's account within 14 days of receiving the message, which is equivalent to the termination of the Account maintenance agreement.

7. Plebbin may terminate the Account maintenance agreement if the User violates the generally applicable law or the provisions of the Terms and Conditions. Plebbin may also delete the accounts of inactive Customers, thereby terminating the Account maintenance agreement.

8. Account may be terminated by Plebbin after Plebbin sends a warning to the Customer about the possibility of Account termination within no less than 72 hours to the email address provided by the Customer during the registration process.

9. From the moment of creating an Account and accepting the Terms and Conditions, the Customer is obliged to:

   1. act in accordance with the rules resulting from the Terms and Conditions,

   2. to comply with the generally applicable law,

   3. to keep in secret the data enabling the logging into his/her Account,

   4. refrain from introducing to the Platform any unlawful content that violates the rights of third parties or intellectual property rights.

10. The Platform allows the Customer to use the "Newsletter" Service, which consists of a free-of-charge electronic transmission of commercial and promotional information to the Customer. The Customer subscribes to the service at the moment of providing an email address and expressing a desire to receive messages by ticking the appropriate check box or by selecting the appropriate button. The Customer may resign from the service at any time.

§ 5 Functioning principles of the Platform

1. The Platform allows the matching of Suppliers with Clients who wishing to purchase Goods or Services.

2. The basic premise of the Platform is that the party of the Sales Agreement with the Client is the Supplier, who is solely responsible for the proper performance of the contract with the Client, as well as for the fulfilment of all public law obligations related to the performance of such contract.

3. Similarly, the party of the Sales Agreement with the Supplier is the Client, who is also solely responsible for the proper performance of the Contract with the Supplier, in particular with regard to the payment of remuneration.

4. Plebbin merely acts as an entity that matches the need of Clients with the abilities of the Suppliers and is in no way involved in the performance of the contract between the Client and the Provider and is not liable for this.

§ 6 General rules for posting advertisements on the Platform

1. Advertisements published on the Platform must be related to the subject matter of the Platform and the category to which they are assigned, and must not contain vulgar words or words generally considered to be offensive. Before publishing an advertisement, the Supplier is obliged to verify whether the advertisement does not infringe on third parties' rights, in particular copyright.

2. Publication of an advertisement takes place at the moment of completing the information on the advertisement and selecting the button "Place advertisement" or equivalent.

3. The Supplier accepts that Plebbin is not responsible for the lack of interest of Customers in the Supplier's advertisement, as well as that Plebbin is not a guarantor that the Supplier's advertisement will be selected by the Customer.

4. The Supplier accepts that the advertisements published by the Supplier will be available to all users of the Platform who will be entitled to contact the Supplier via the contact form and who will have access to the data published in the advertisement, including the contact details of the Supplier.

5. Plebbin reserves the right to modify the title or content of the advertisement in order to adapt the advertisement to Plebbin's standards of naming and content of advertisements.

6. Plebbin shall be entitled to refuse to place or to remove an advertisement which is contrary to the provisions of the Terms and Conditions, in particular in the following cases:

1. if an advertisement contains vulgar words or words that are generally considered to be offensive,

2. if an advertisement does not coincide with the thematic scope of the Platform,

3. if the advertisement is laconic and vague,

4. if the advertisement is intended to offend Plebbin or third parties,

5. if the content of the advertisement goes beyond generally applicable standards,

6. if the advertisement is assigned to the wrong category;

7. if the content of the advertisement contains information that may violate generally applicable laws or the interests of Plebbin third parties;

8. if the advertisement concerns the following Services or Goods:

1. living animals;

2. dating;

3. drugs or alcohol;

4. weapons;

5. adults services of any kind, in particular having a matrimonial or sexual nature;

6. offers to provide cryptocurrency exchanges

7. anything illegal in Customers jurisdiction.

7. The Provider, by publishing an advertisement or order on the Platform, grants Plebbin a non-exclusive licence to make the content of the advertisement available on the Platform and other media belonging to Plebbin through its recording, multiplication and dissemination in a manner that makes it possible to present this content on the devices of website users at any time and place.

§ 7 Communication tool between the Supplier and the Client

1. As part of the Platform, Plebbin provides a tool for communication between the Supplier and the Client on matters related to advertisements published by the Supplier.

2. Customers and Suppliers using the communication tool must maintain the culture of speech, avoid so-called spamming and undertake communication activities in a manner consistent with the law and the provisions of the Terms and Conditions.

3. Plebbin is entitled, as a security measure, to block any Account that uses the communication tool in a manner contrary to the provisions of the law or the Terms and Conditions.

§ 8 Subject of the offer in the Platform

1. Both Goods and Services can be offered through the platform, subject to the provisions on unauthorized offers.

2. The Platform makes it possible for Customers to make also reservations concerning vacation rentals, classes and events offered by Suppliers.

3. Payments for such Goods, Services and reservations are made directly between the Customer and the Supplier. Plebbin only provides reservations which are free of charge. Plebbin never handles any money for either side.

§ 9 Services provided by Plebbin

1. A FREE account allows Customer to place 1 advertisement per 30 days.

2. Plebbin offers the following membership groups:

1. PLEB – you get a special “PLEB” Tag, so everyone can see that you are not a bot and you can also post 21 advertisements per 30 days;

2. POWER USER – same as “PLEB”, but you can post 42 advertisements per 30 days. You additionally get a 21% discount on publishing fee for Special Categories and Promotions;

3. BUSINESS – same as “POWER USER”, but you can also get a special Business Profile, where you can show of your services better.

3. The BUSINESS membership is only for Customers that can provide one of the following verifications:

1. EU-Companies: EU VAT-ID;

2. NON-EU-Companies: Proof of Business.

4. The price for the above mentioned membership status is specified in the description on the Platform.

5. Payment of the price for the provision of the service should be made before the due date indicated to the Customer.

6. Payments should be made in Bitcoin.

7. Plebbin provides invoices by email (if applicable).

§ 10 Consumer's and Individual Entrepreneurs right to withdraw from the contract

1. The Consumer and Individual Entrepreneur have the right to withdraw from the contract with Plebbin without giving any reason within 14 days of its conclusion.

2. In order to withdraw from the contract, the Consumer or the Individual Entrepreneur should make an appropriate statement to Plebbin. The Consumer or the Individual Entrepreneur may use the template statement for this purpose: "Being aware of the consequences of withdrawing from the contract, I hereby declare that I withdraw from the contract with Shopinbit sp. z o.o. concluded on [date]", while the use of the template statement is not mandatory.

3. Plebbin shall refund the payment using the same method of payment used by the Consumer or the Individual Entrepreneur or another method that the parties have agreed on, provided that it does not involve additional costs for the Consumer.

   1. If payment is made by means of one of the cryptocurrencies, the Consumer or the Individual Entrepreneur shall receive a refund in the amount corresponding to the value of the goods in EURO on the date of receipt of the package with the returned goods.

4. In the case of withdrawal by the Consumer, the Agreement shall be considered as not concluded.

5. If the Consumer or Individual Entrepreneur made a statement of withdrawal from the contract before Plebbin began implementation of the contract, the contract ceases to be binding.

§ 11 Obligations of the Customer

The Customer is obliged to:

1. use the Platform in accordance with its intended purpose and the Terms and Conditions;

2. comply with generally applicable law when using the Services and the Platform;

3. refrain from providing content of an unlawful nature;

4. refrain from actions that could adversely affect Plebbin or Plebbin's IT systems;

5. make timely payments for the Services;

6. to provide true and correct personal information in order to place an order and use the Service;

7. to use a legal version of the software supported and authorized by the software manufacturer.

§ 12 Plebbin’s responsibility

1. The supplier is solely responsible for the legality and compliance with the regulations of the advertisements published on the Platform.

2. In the event of obtaining reliable information on the unlawful nature of the content on the Platform or related activities, Plebbin is entitled to block access to such content under the terms of the Act of 18 July 2002 on the provision of electronic services.

3. In the event that any claims are made against Plebbin in connection with advertisements published on the Platform, the Supplier shall indemnify Plebbin against any liability in this regard, including, in particular, settlement of any claims made against Plebbin, as well as reimbursement to Plebbin of the equivalent of any costs incurred to protect against such claims, in particular the equivalent of legal fees and court costs. This provision shall not apply to Consumers, who shall be liable to Plebbin on a general basis.

4. Plebbin shall not be liable for interruptions in the operation of the Platform resulting from technical work or failures, except in cases specified in the Terms and Conditions.

5. Plebbin shall only be liable for damage caused intentionally, and in all other respects Plebinn’s liability is excluded.

6. Plebbin shall not be liable for the Customer lost profits, including the Client's and the Supplier's lost earnings.

7. The provisions of the Terms and Conditions relating to the limitation or exclusion of Plebinn’s liability shall not apply in relations with Customers who are Consumers.

§ 13 Complaints

1. Plebinn makes every effort to provide services of the highest quality. Notwithstanding the above, a Customer has the right to make a complaint free of charge regarding non-performance or improper performance by Plebinn of the services provided under the Terms and Conditions.

2. In the case of any irregularities in the operation of the Platform, including individual services of a technical nature, the Customer should first contact Plebinns support, providing the data necessary to identify the problem.

3. A complaint can be made by using the contact form or by writing to Plebinn’s address. The complaint process is fully free of charge for the Consumer.

4. Plebinn considers a complaint from a consumer within 14 days of its receipt. Plebinn recognizes other complaints within 30 days from the date of its receipt.

5. Plebinn’s response to a complaint is sent by email to the email address assigned to the account, unless the user requests in the content of the complaint to send a response by post to the mailing address indicated in the content of the complaint.

§ 14 Jurisdiction and dispute resolution

1. In matters not regulated by the Terms and Conditions the laws of the Republic of Poland shall apply. In the case of Clients who are Consumers, the choice of law does not deprive them of the protection afforded by the provisions that cannot be excluded by the contract under the law of the country in which the Consumer has his usual residence.

2. The Consumer shall have the right to use out-of-court complaint and claim procedures, including, but not limited to, the right to apply to a regular consumer arbitration tribunal with a request to settle a dispute arising from the contract.

3. In the event of disputes Plebbin suggests using amicable methods of their resolution, in particular through the platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.

4. Detailed information on out-of-court settlement methods are available on the website at https://uokik.gov.pl.

5. Plebbin declares that it does not apply the code of good practice referred to in the Act of 23 August 2007 on counteracting unfair market practices.

6. For the avoidance of doubt, it is assumed that the place of providing services is the Republic of Poland [this provision does not apply to the contract concluded with the Consumer].

7. Any disputes shall be subject to the jurisdiction of the competent court for Plebbin [this provision does not apply to an agreement concluded with a Consumer or an individual entrepreneur].

§ 15 Final provisions

1. The Terms and Conditions shall come into force on 21.03.2023.

2. In the event that any of the provisions of the Terms and Conditions should prove invalid, ineffective, illegal or unenforceable in whole or in part, this circumstance does not affect the validity of the remaining provisions of the Term and Conditions.

3. Plebbin reserves the right to make changes to the Terms and Conditions for important reasons [such as, but not limited to, changes in the law, changes to the business model of Plebbin, changes to the technical specifications for the provision of the Service, changes to the terms and conditions for the provision of services to Plebbin by third parties that are necessary for the implementation of services by Plebbin, changes to the range of services provided], after prior notification to the Customer by email. Changes in the provisions of the Terms and Conditions come into force on the date indicated in the e-mail, but not earlier than 14 days after informing the Customers by e-mail about the new provisions.

4. Change the name of Plebbin and changes resulting from changes in the law, which do not affect the nature, manner and quality of service, do not constitute an amendment to the contract.