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Terms and Conditions

These terms and conditions [hereinafter: Terms] define the conditions, rules and manner of operation of the Harvium online service [hereinafter: Service or Harvium Service]. The owner of the Service including the online store [hereinafter: Store] which is part of it, as well as the administrator of personal data of Service Users [hereinafter: User] is Harvium simple joint-stock company [hereinafter: Harvium] with its registered office in Warsaw (postal code: 00-020 Warsaw, ul. Chmielna 2 lok. 31), entered into the register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under number KRS 0001116990, REGON 529188310, NIP 5253010793, share capital: PLN 100,000.00 fully paid up.

Table of Contents

I. Definitions

  • Administrator – Harvium simple joint-stock company, ul. Chmielna 2 lok. 31, 00-020 Warsaw, KRS 0001116990, NIP: 5253010793, REGON 529188310
  • Total Quantity – the total number of product units that the User (Business User) is willing to purchase (sell) within the publication of a given advertisement. The User (Business User) thereby declares that they are not interested in purchasing (selling) a number of product units greater than the Total Quantity indicated in the Advertisement Form. The User (Business User) decides in the Advertisement Form whether in case of Transaction execution they allow the validity of another order, if after the execution of the aforementioned Transaction, the Total Quantity of the Product originally offered will be less than the Minimum Quantity originally indicated by the User (Business User). The choices mentioned above are made by selecting the 'YES' or 'NO' option in the Advertisement Form.
  • Final Price – price including VAT and excise tax (if applicable), for which the Item or Service is offered to Buyers or by Sellers.
  • Delivery – service of receiving, sorting, moving and delivering Items covered by the transaction, performed on behalf of the User by a third party. Harvium P.S.A. does not provide delivery services, in particular postal services, with some exceptions;
  • Day – means consecutive 24-hour periods following each other;
  • Guest – natural person using the Service, without an Account or not logged in;
  • Harvium – Harvium simple joint-stock company with its registered office in Warsaw (postal code: 00-020 Warsaw, ul. Chmielna 2 lok. 31), entered into the register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under number KRS 0001116990, REGON 529188310, NIP 5253010793, share capital: PLN 100,000.00 fully paid up. Contact with Harvium is possible at: contact@harvium.com or through other communication channels indicated in the Service;
  • Advertisement Form – Questionnaire available on the Service website (specifically at app.harvium.pl/pl/platforma), which must be completed to place an Advertisement;
  • Consumer – User who is a natural person performing activities in the Service not directly related to their business or professional activity;
  • Discussion Forum – Integral part of the Service used for exchanging information, views and opinions between persons registered in the forum user database;
  • Account – set of data associated with a given User, including information about their activity in the Service, including information provided by the User in the Service. The rules regarding the Account are specified in chapter 3 of the Terms;
  • Buyer – User conducting a transaction with the Seller using the Service functionalities or Harvium;
  • Limit – number of free Advertisements set at 10, provided for selected Categories, which the User can publish in the Service at a given time. Limits for specific Products may be established by Harvium independently;
  • Minimum Quantity – minimum number of product units that the User (Business User) is willing to purchase (sell) within the publication of a given advertisement. The User (Business User) thereby declares that they are not interested in purchasing (selling) a number of product units less than the Minimum Quantity indicated in the Advertisement Form.
  • Advertisement – proposal for sale or purchase of a Product prepared by Users and published in the Service on the terms specified in chapter 4 of the Terms; Publication of an advertisement by the User (Business User) in the Service does not constitute an offer within the meaning of Art. 66 § 1 of the Act of April 23, 1964 - Civil Code (Journal of Laws 2023, item 1610 as amended) and does not automatically lead to the conclusion of a sales contract within the meaning of the Civil Code provisions. The Advertisement is solely informational in nature and an invitation to conclude a contract (invitatio ad offerendum), and all transaction conditions are subject to separate arrangements between the Parties.
  • TOS – General Terms of Sale;
  • TOP – General Terms of Purchase;
  • Payment Operator – entity providing payment services to Users within Harvium Payments:
    • PayPro S.A. with its registered office in Poznań (ul. Pastelowa 8, 60-198 Poznań), entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań-Nowe Miasto i Wilda in Poznań, Division VIII Commercial of the National Court Register under number KRS 0000347935, NIP 7792369887, REGON 301345068;
  • Harvium Wallet – free Account functionality, facilitating making payments to Harvium;
  • Item – thing, service or transferable right offered through the Service, meeting the conditions specified in the Terms;
  • Terms – these terms and conditions together with attachments, defining the rules of using the Service. The current version of the Terms is available on the Service website at any time;
  • Registration – process of creating an Account by the User, after providing User data, accepting the Terms and activating the Account;
  • Service / Harvium Service – online platform operated by Harvium available in the harvium.pl domain;
  • Seller – User publishing an Advertisement in the Service and conducting a Transaction with the Buyer or Harvium;
  • Parties – Buyer and Seller collectively;
  • Product – specific products available in the Service, being each time the subject of acquisition by the Buyer or disposal by the Seller;
  • Transaction – any contract concluded between Users or between a User and a Guest, or between a User and Harvium concerning an Item;
  • Precision Agriculture Service – subscription service available in the Service at: app.harvium.pl/pl/rolnictwo-precyzyjne;
  • Paid Services – paid services provided by Harvium to the User, including, among others: publication of a paid Advertisement or package of Advertisements;
  • User – natural person with full legal capacity, legal person or organizational unit without legal personality, which the law grants legal capacity, using the Service after logging into the Account;
  • Business User – Service User who is a natural person, legal person or organizational unit without legal personality, which the law grants legal capacity, conducting business or professional activity in their own name and using Harvium services within the Service, in connection with their business or professional activity;
  • Order – declaration regarding the acquisition of Products, submitted by the Buyer to the Seller through the Service.

II. General Provisions

1. The conditions for using the Service, including registration rules, advertisement publication and acquisition of Paid Services, as well as issues regarding payments and complaint procedure are defined by the Terms. Everyone using the Service is obliged to familiarize themselves with the content of the Terms.

2. Guests may only use limited functions of the Service on the terms specified in these Terms, with respect for legal provisions and principles of fairness.

3. Content published in the Service, including in particular Advertisements, regardless of their form, i.e. text, graphic and video materials, are subject to protection of intellectual property rights, including copyright and industrial property rights of Harvium, Sellers or third parties. Any use of this content without written consent of the entitled parties is prohibited. Any aggregation and processing of data and other information available in the Service for the purpose of further making them available to third parties within other online services and outside the Internet is prohibited. The use of Service and Harvium markings, including characteristic graphic elements without Harvium's consent is also prohibited.

4. Subject to the license granted to Harvium in accordance with chapter 4 point 3, none of the provisions of these Terms constitutes granting consent to use Harvium's rights or third party rights referred to in chapter 2 point 3 nor should it be interpreted as a waiver of these rights.

5. The provisions on consumer protection shall not apply to Transactions concluded between Consumers, i.e. natural persons who are not entrepreneurs.

6. Users may conduct Transactions:

  • through the Service or
  • by directly contacting each other to determine conditions and finalize the Transaction. The User may establish direct contact with the Seller using the chat function in the Service, the Seller's phone number on the Advertisement page (if made available) or using other forms of contact established by the Users.

7. Within the Service it is possible to:

  • browse the Service content;
  • use the Account and related functionalities, which are provided on the terms specified in the Terms;
  • publish Advertisements within free Limits;
  • paid publication of Advertisements beyond Limits and in fully paid Categories;
  • use the Paid Service.

8. Payment services are implemented by external service providers on behalf of Users, based on separate legal relationships, of which Harvium is not a party.

9. Harvium will make due efforts to ensure uninterrupted operation of the Service. Striving to ensure high quality of services and efficiency of the Service operation, Harvium has the right to make breaks in the Service operation in accordance with the law and within the limits of the law and in situations not directly dependent on Harvium, e.g. emergency situations.

10. By accepting these terms, the User confirms that Harvium has the right to obtain access and analyze the content of conversations conducted through the chat functionality in the Service in order to increase User security, prevent abuse, improve the Service and resolve disputes related to the operation of the Service, and outside it but concerning it. More information about how and why Harvium obtains access and analyzes the content of conversations conducted through the chat functionality in the Service can be found in the Privacy Policy. Correspondence is available to the User in the 'Messages' tab for a period of 4 months from its sending.

11. Advertisements available in the Service are presented to Users based on dedicated functionalities allowing for the selection of sorting rules. Content of an advertising nature may also be displayed within the Service. Advertisements available in the Service are displayed in accordance with the User's choices regarding the processing of cookie files or browser settings. In the situation where the User has consented to content personalization, the displayed advertisements are adapted to the User's preferences determined based on their activity in the Service. In the case where Harvium has not obtained consent for the personalization of advertising content, the displayed advertisements are not personalized and are based on advertising creatives prepared for all Users.

III. Accounts

1. In order to obtain full functionality of the Service, the Guest should (1) perform Account Registration, (2) specify whether they use the Service privately or as an entrepreneur and (3) use the Service as a logged-in User. The Account gives the User the possibility to use, among others, the following Service functionalities:

  • publishing and managing published Advertisements;
  • following Advertisements of other Users;
  • using services available in the Service and ordering them;
  • managing payments and invoices related to services provided in the Service by Harvium.

2. A User can only be a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity. In the case of legal persons and organizational units without legal personality, only a person authorized to act in this scope on behalf of these entities can create an Account in their name and perform all activities within the Service.

3. A User may have only one Account in the Service. The above rule does not apply to cases where:

  • The User has one Account for private purposes and, subject to subpoint b below, Accounts for purposes related to their business activity;
  • The User uses different Accounts within the scope of their business activity in connection with the handling of these Accounts by different representatives or branches of the User's enterprise, provided that in respect of none of the Accounts there is a delay in payments for services provided by Harvium, and the Advertisements placed on the Accounts do not repeat in terms of the same locations;
  • there is a need to create another Account due to the inability to obtain access to the Account (forgotten password);

provided that all exemptions in this scope will be verified in detail by Harvium, which is authorized to suspend the Account for the verification period or delete Accounts in the absence of confirmation of circumstances justifying the application of the above exemption. The above exemptions do not apply if they are used by the User solely for the purpose of avoiding payment of receivables for services provided within the Service.

4. Account Registration requires:

  • filling out the form available in the Service and providing the required data there, including the User's email address and a unique password or authentication through an external service provider such as Facebook, Google or Apple;
  • familiarization with the Terms and its attachments and acceptance of their provisions.

5. Harvium processes personal data of Users, persons acting on behalf of Users and Guests in accordance with the provisions of the Privacy Policy and the Policy regarding Cookies and similar technologies.

6. After filling out the data required for Registration, confirmation of Account Registration, a link to activate the Account and the current Terms will be sent to the email address indicated by the User. Registration is completed at the moment of Account activation by the User. At this moment, the Account service agreement is concluded. If activation is not made within 30 Days from receiving the email confirming Account Registration, the activation link expires and the Account is not activated. The user can perform Registration again using the same email address only after prior contact with Harvium: using the contact form.

7. The User is obliged in the Registration process and in the course of using the Service to provide true, correct and current data to which they are authorized to use. The User is obliged to update the data in case of their change. Harvium has the right to block the Account if the provided data does not meet the above requirements.

8. A person acting within the Service on behalf and for the benefit of a User who is a legal person or an organizational unit without legal personality, which the law grants legal capacity, must be duly authorized to act and perform all activities within the Service on behalf and for the benefit of such User. Harvium has the right to perform additional verification of such person by requesting a document confirming authorization to act on behalf of the User.

9. The User undertakes to keep the Account access data confidential and to protect them from access by third parties. The User will immediately inform Harvium in case of obtaining knowledge of acquisition of Account access data by unauthorized third parties and, if possible, will immediately change them.

10. The Account service agreement is concluded for an indefinite period from the moment of Account activation. The Account service agreement may be terminated by the User in compliance with the following rules:

  • the right to delete the Account remains without prejudice to the User's entitlements to the right of withdrawal or termination of the agreement, provided for by legal provisions and these Terms;
  • deletion of the Account is possible through: (i) selecting the appropriate option in the Account panel, (ii) sending a termination declaration using the contact form or (iii) sending a termination declaration in writing to Harvium's address;
  • termination of the Account agreement will be effective from the moment of its making (for the future), Harvium will refund to Consumers the equivalent of unused amounts within Paid Services;
  • in the case where the User has accumulated funds in the Service, termination of the Account is only possible after prior contact with Harvium using the contact form in order to withdraw these funds, about which the User will be informed when attempting to delete the Account together with termination of the agreement;
  • after deleting the Account or terminating the Account agreement, the User loses access to information provided or generated in the course of using the Service.

11. Harvium is authorized to terminate the agreement with the User, if the User:

  • has not logged into the Account for a period longer than 24 months. As a result, the User will no longer be entitled to use the deleted Account. Information about termination of the agreement will be sent to the User with 30 days' notice to the email address provided during Registration. The User will be able to express the desire to continue using the Account using the functionality provided for this purpose requiring the User to log into the Account. Harvium's right to terminate the agreement in accordance with this provision does not limit the User's right to re-register in the Service. However, Harvium does not guarantee that the previous User name associated with the Account will be available for use during new registration;
  • despite prior call by Harvium to cease specific actions or omissions violating the provisions of the Terms or generally applicable legal provisions, continues the actions indicated in the call.

12. In order to ensure compliance of the Service with the requirements of the applicable law regulating the activity of online platforms, proper functioning of the Service, protection and ensuring security of persons using it, Harvium reserves the right to request Business Users to provide additional data or perform additional verification of the currency and truthfulness of data provided by the User and request confirmation by the User of their identity, information contained in Advertisements or information related to the concluded Transaction in a manner chosen by Harvium or resulting from applicable regulations. If verification of data or User identity fails, Harvium may suspend or block the Account operation.

13. Consumer withdrawal. A Consumer or a natural person concluding an agreement directly related to their business activity, when the content of this agreement shows that it does not have a professional character for this person, may within 14 days from the date of concluding the agreement with Harvium withdraw from the agreement concerning the given service without giving a reason, by submitting a declaration in this scope using the contact form or in writing to Harvium's address.

14. The Account service agreement may be terminated by the Business User, in case of non-acceptance of changes to the Terms. In such a case, in order to terminate the agreement in the scope of the Account service, the Business User should immediately, no later than within 15 days from the announcement of changes, notify Harvium about this. Termination by the User in the above mode of the agreement in the scope of the Account service takes effect after 15 days from notifying the User about changes to the Terms, unless the Business User resigns from such notification or submits an appropriate declaration in this scope or takes explicit action in the Service confirming acceptance of such conditions (e.g. publication of a new Advertisement).

15. User's declaration regarding whether they use the Service as an entrepreneur or privately - applies to the entire User's activity in the Service.

16. The User, when concluding Transactions, is obliged to act in accordance with their declaration regarding the character in which they use the Service - i.e. act as an entrepreneur or privately.

17. The Business User is obliged to provide Harvium with their identification and contact data to publish Advertisements in the Service. Identification and contact data of Business Users are published in the Service.

18. Wanting to use only Precision agriculture services, without using additional functionalities, having an Account in the Service is not required.

1. Harvium enables the User to publish an Advertisement in the Service. Publication of an Advertisement by the User in the Service takes place after filling out the appropriate form.

2. An Advertisement published by the User in the Service is available to all users of the Service.

3. At the moment of Advertisement publication, the User grants Harvium a non-exclusive, territorially unlimited and free license to fix, reproduce and distribute the whole or any part of the Advertisement, for the purpose of its display in the Service and provision of other services specified in these terms, as well as at Harvium's partners, through which the Service promotion is conducted, and also anywhere via the Internet, including in internet search engines (such as Google), social media portals (e.g. Facebook). The license also includes the entitlement to exercise derivative rights to works, including the use of created adaptations. Granting the license is necessary for full use of the Service. Due to the specificity of the Internet, Harvium does not have full control over the distribution of content published or transmitted using the Service functionalities to other Users.

4. The content of each Advertisement should be true, unambiguous and understandable and meet the technical requirements specified by Harvium. The User retains the freedom to determine the content of the Advertisement within the limits of the law and in compliance with the following requirements:

  • The Advertisement will be prepared in Polish, will not contain words commonly considered vulgar or offensive;
  • The User will select one, appropriate for the Item category and thematic subcategory to which the Advertisement should be assigned;
  • the Advertisement content should contain a clear, accurate and complete description of the Item, containing true and non-misleading information regarding the features of the Item and Transaction conditions. It is forbidden to convey this information bypassing the Service. The Advertisement content also includes photos added within it and the Advertisement title; the Advertisement must be current throughout its publication time in the Service;
  • in the Advertisement content, contact data cannot be indicated, such data may be provided only in the fields of the form intended for this purpose;
  • The subject of the Advertisement can only be an Item that is in the possession (control) of the User. In the case where the Advertisement Item is located outside the territory of Poland, the Advertisement content must clearly indicate this;
  • one Advertisement may concern one Item;
  • it is necessary to indicate whether the Advertisement concerns a single piece, several pieces of the same Item or a set/package (set means a combination of elements constituting one whole).
  • the same Item may be covered by only one Advertisement at a given time, and this also applies to Advertisements ended by the User before the expiry of 14 days from the date of adding a new Advertisement concerning the same Item;

5. The subject of the Advertisement cannot be:

  • an offer of a dating, matrimonial, sexual nature;
  • prohibited goods, as well as any other property, if its trade is excluded due to applicable legal provisions, property originating from theft or which is the subject of a court or administrative dispute or property covered by enforcement proceedings or entering into the bankruptcy or restructuring estate.

6. Publication of an Advertisement in the Service is done by the User through:

  • clicking on the 'Add advertisement' icon or similar;
  • making a payment (only in relation to paid Advertisements).

7. Emission of the Advertisement in the Service begins immediately after its publication (except for prepaid Advertisements, whose publication takes place from the moment of payment registration) and lasts for the next 30 Days, but no longer than until the occurrence of one of the following circumstances:

  • the Item has been disposed of by the User;
  • the User modified the Advertisement in a way indicating that it concerns a different Item than the one it originally concerned;
  • the User deleted the Advertisement.

8. In case of Harvium obtaining information about the occurrence of circumstances indicated in point 4. of this chapter, Harvium will be authorized to delete.

9. During the emission period of the Advertisement in the Service, the User can modify the Advertisement content and some of its parameters and delete the Advertisement. In the period from 3 Days before the end of Advertisement emission to the date of end of Advertisement emission, the User can decide on immediate republishing of the Advertisement using the information provided in the form regarding the previous publication. The User can also use the auto-renewal functionality, which allows for automatic republishing of the Advertisement at the moment of expiry of the previous emission period of this Advertisement. The new emission period is 30 Days and takes place directly after the end of the previous publication. New publication of the Advertisement is payable in case of exceeding the Limit.

10. The possibility of modifying the Advertisement content does not apply to changes in the price or any other parameters of the published Advertisement, aimed at avoiding payment of receivables to Harvium, for services provided within the Service or receiving a refund due to the User in cases provided for in the Terms.

11. After the end of Advertisement emission regardless of the cause, if the User does not decide on republishing the Advertisement. The Advertisement is archived in the appropriate Account tab, where it is available to the User for a period of 6 months, unless the User themselves deleted the archived Advertisement before the expiry of this term.

12. The User should on their own archive the Advertisement content as well as information about concluded Transactions.

13. Business Users undertake to publish only Advertisements in connection with the conducted business activity (company advertisements). Users who have specified that they use the Service privately can publish only private Advertisements (advertisements not related to business activity). Information whether a given User is a Business User or uses the Service privately is published in the Service. Advertisements are marked in accordance with the declaration of the given User - as coming from a Business User or from a User who uses Harvium privately.

V. Free Advertisements

1. Publication of an Advertisement in the Service done by the User within the Limit is free. The Limit is 10 Advertisements.

2. The User will be informed by Harvium about the exhaustion of the Limit in the form of a message available on the Account. Publication by the User in the Service of another Advertisement is payable.

VI. Precision Agriculture Services

1. Harvium enables the use of automatically processed Sentinel 2 satellite data in monitoring agricultural areas and precision agriculture.

2. Subscription to the Precision agriculture service is automatically renewed until cancellation. The User, unless they cancel the membership before the billing date, authorizes Harvium to charge the subscription fee for the next billing period using their chosen payment method.

3. The User (Guest) can cancel the subscription by phone (+48 795 146 694 or +48 784 852 271) and by sending an email to: contact@harvium.com.

4. For the payment for the next billing period not to be charged, the User (Guest) should cancel the Precision agriculture service subscription at the latest on the day preceding the subscription renewal day.

5. The subscription renewal day, referred to in point 4 above, means the next day of the month corresponding to the date on which Harvium issued the invoice for the first monthly period of paid membership in the Precision agriculture service. If the billing date (subscription renewal day) falls on a day that does not occur in every month (e.g. 31), the fee will be charged on the last day of that month.

6. The User (Guest), unless they cancel the membership before the billing date, authorizes Harvium to charge the subscription fee for the next billing period using their chosen payment method.

7. Depending on the selected package, which determines the subscription duration period (month, half year, year), the Precision agriculture service subscription will be automatically renewed for a period identical to the period originally chosen by the User. Automatic subscription renewal does not apply to orders placed by the Guest.

8. Users will be informed about the approaching subscription renewal period by Harvium in connection with the due date of the subscription period originally chosen by the User. Appropriate notifications will be sent to the User's email address within the period:

  • a week before the end of the subscription period (monthly package);
  • two weeks before the end of the subscription period (6-month package);
  • a month before the end of the subscription period (annual package);

9. Harvium offers many subscriptions regarding the Precision agriculture service. In relation to some subscription plans, different conditions and limitations may apply; information in this subject will be provided at the time of registration or in other messages made available to the User. Detailed information about available Precision agriculture service subscriptions can be found on the harvium.pl website, by clicking the 'Precision agriculture' panel or at: app.harvium.pl/pl/rolnictwo-precyzyjne.

10. Upon placing an order by the User / Guest for Precision agriculture services in the form of a paid subscription, a sales contract is concluded.

11. Harvium provides the User / Guest via electronic mail (to the email address provided during registration) with confirmation of conclusion of the subscription sales contract. If the User / Guest when placing the order requested issuance of a VAT invoice and provided the necessary data, the invoice will also be delivered via electronic mail.

12. In the case of paid subscriptions, the User has the right to choose one of the following forms of payment if it is available in a given geographical location:

  • payment by card or bank transfer through the Payment operator;
  • independent payment by transfer outside the Service.

13. The User / Guest undertakes to make the payment within 2 business days from the moment of placing the order for the Precision agriculture service. The date of payment of the receivable is considered the date of issuing the instruction to transfer funds to the Contractor's bank account.

14. Harvium is obliged to deliver the ordered report within 5 business days from crediting Harvium's bank account in electronic form to the email address provided in the order.

VII. Payments

1. In relation to Consumers, all prices given in the Service and in price lists are gross prices (including goods and services tax, i.e. VAT) expressed in Polish zlotys (PLN), whereas in the case of Business Users, it is permissible to provide net prices in the Service and price lists.

2. Payments made in the Service may be made in advance, i.e. in the full amount required for a given paid service before starting its provision using payment forms made available by Harvium, or at the end, i.e. collectively at the end of the calendar month, for all paid services provided within the Service on behalf of the User in a given month.

3. Collective payment at the end of the month is a form of payment settlement between Harvium and the Business User consisting in enabling the Business User to collectively pay for using paid services, within a payment term not shorter than 7 days from the date of invoice issuance by Harvium and making it available to the Business User on the Account. Collective payment requires individual arrangements with Harvium.

4. Collective payment at the end of the month is made available to the Business User upon their request submitted by filling out the form provided by Harvium. After correct submission of the request, it will be subject to verification consisting in confirmation of the Business User's data based on documents sent by them confirming business activity together with the order form. In case of Harvium having justified doubts as to the truthfulness of data provided in the order form, as well as in case of obtaining knowledge about justified circumstances that may affect the correct performance of the Business User's obligations in the scope of payments to Harvium, Harvium may refuse to make this form of payment available.

5. In the case where payment is made in advance, the commencement of provision of the Paid Service will take place no earlier than after registration of the payment for this Paid Service in full amount on Harvium's account.

6. The User, according to their choice, may make the payment using one of the available payment methods in accordance with the information provided in the process of selecting the given service.

7. Details regarding the Contractor's bank accounts:

  • Harvium P.S.A.
  • ul. Chmielna 2 lok. 31
  • Warszawa 00-020
  • Currency: PLN
  • IBAN Number: PL 89 1090 1056 0000 00015896 5438
  • Bank: Santander Bank Polska S.A.
  • SWIFT: WBKPPLPPXXX

8. Using any of the payment methods will require establishing a separate legal relationship with the provider of the given payment service and accepting its terms. Harvium is not a party to such a relationship and has no possibility to interfere with its content or manner of implementation. In case of any problems with the payment, the User should contact the appropriate payment operator in order to clarify doubts or submit a complaint. Exceptionally and within technical and organizational possibilities, Harvium may however help the User in clarifying the problem. Harvium does not assume responsibility for the implementation of the payment service by the external service provider.

9. Provision of services / sale of goods by Harvium on behalf of the User is documented with invoices, in accordance with applicable regulations.

10. The User is obliged to update the data saved on the Account necessary for Harvium to issue an invoice, immediately after each change.

11. The default form of making invoices available to the User is the electronic form. Acceptance of the Terms constitutes at the same time acceptance for sending (making available) invoices in electronic form, within the meaning of the provisions on value added tax.

12. Harvium on the terms specified in these terms makes invoices available to the User in electronic form, guaranteeing the authenticity of origin, integrity of content and readability of invoices, in particular by saving them in .pdf file format and making them available to the User within the Account enabling their download by the User. The User receiving invoices sent (made available) in electronic form is obliged to store them on their own.

13. In case of earlier termination of Advertisement emission due to deletion of the Advertisement by the User or in case where the Item has been disposed of or the User changed the subject of the Advertisement in a way indicating that it concerns a different Item than the Item it originally concerned, the fee collected for publication of the given Advertisement and related Paid Services for the unused period will not be refunded.

14. In case of:

  • discounts or price reductions of services provided by Harvium granted after commencement of provision of the Paid Service (for payments made within Pay at the end of the month) or
  • in the situation of the necessity to make a refund to the User of the whole or part of the payment including in situations described in these terms or
  • in case of finding a mistake in the tax amount on the invoice issued by Harvium,

15. issuance of a correcting invoice, specified in chapter 8 of the Terms, is preceded by sending the User information about the price reduction of the Paid Service or the VAT amount. In the case where such reduction is a result of a positively considered User's complaint, this information will be included in Harvium's response to the submitted complaint. The information referred to in this point will be sent by electronic mail to the email address assigned to the Account, unless the User requests in the complaint content to send the response by mail to the correspondence address indicated in the complaint content, which will result in sending the response to the complaint by electronic mail and in the form of written correspondence.

16. Sending information about the price reduction of the Paid Service or the VAT amount does not require additional User acceptance and means fulfillment of the conditions of this reduction.

VIII. Orders and Delivery

1. When determining the delivery and transport conditions of the Product, in international trade the Parties use the set of rules of the International Chamber of Commerce Incoterms 2020, and in domestic trade they apply these rules accordingly.

2. Using the Delivery option will require transfer of personal data of the Seller and Buyer to the appropriate carrier to the extent necessary for Delivery implementation. In particular, in case of any problems with Delivery, the Seller or Buyer should contact the appropriate carrier in order to clarify problems or submit a complaint.

3. Within the Account service, Harvium stores and makes available:

  • to the User - their Transaction history, as well as their data provided within Transactions, and according to their choice, this data may also be remembered for autocomplete purposes within shipment and receipt forms and;
  • to the User (Seller) - Buyer data necessary and provided for Delivery implementation, and upon their additional request: Buyer's name, surname, correspondence address, phone number and email address possessed by Harvium, if they were not transferred within data necessary for Delivery implementation, content of the notification received from the Buyer regarding the Transaction;
  • to the User (Buyer) – upon their request - Seller's name, surname, correspondence address, phone number and email address possessed by Harvium concerning the Transaction, within 6 months from the transaction, the Advertisement content.

4. In connection with the requirements of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), starting from February 17, 2024, entrepreneurs who were not subject to the one-step seller identity verification process will be asked to re-undergo the identity verification process.

5. Data about entrepreneurs collected within the identity verification process including information about the entrepreneur's company, email address, NIP and bank account number/IBAN and documentation confirming the entrepreneur's identity are processed by Harvium for the purpose of fulfilling the obligation resulting from Art. 30 para. 1 of the Digital Services Act.

IX. Reporting Obligations

1. The following provisions apply from July 1, 2024 in connection with the provisions of the Act of May 23, 2024 amending the Act on exchange of tax information with other countries and some other acts, serving the application of Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC7 Directive).

2. Sellers conducting Transactions are subject to reporting obligations on the terms specified in the provisions and provisions of the Terms.

3. Reporting obligations incumbent on Sellers include:

  • the obligation of the Seller to provide data resulting from the implementation in the Polish legal order of the EU DAC7 Directive upon Harvium's request;
  • updating or confirming the currency of provided data upon Harvium's request.

4. In the case of Users having more than one Account, Harvium collects and sums up the total number of Transactions and the remuneration related to them within all User Accounts. The Seller's obligations and consequences regarding their non-fulfillment apply to all Accounts possessed by the User, with the provision of data through one Account being considered as fulfillment of the obligation.

5. The reporting period covers a full calendar year, with the first reporting period in connection with Harvium's activity concerning the year 2024.

6. Harvium will request Sellers to provide the required data by means of a request sent via email message. Providing information takes place by means of a dedicated form made available within the Account.

7. The Seller is obliged to complete and send the form within 20 days from the day they received the message about the necessity to provide the required data. In case of failure to provide information within the term described in the previous sentence, Harvium will direct to the Seller another call or calls.

8. In the case where the Seller, despite at least two reminders, has not provided Harvium with the required data within 60 days from the first request, Harvium is obliged to suspend the payment of funds related to Transactions until the requested information is provided. If blocking the payment of funds is impossible for legal or procedural reasons, Harvium may also block the Seller's possibility to conduct further Transactions.

9. Harvium is authorized to verify the correctness and completeness of provided data. In case of finding irregularities, Harvium may request the Seller to update or correct information.

10. Harvium will make available to the Seller the information provided to the Head of the National Revenue Administration.

X. Unlawful and Terms-non-compliant User Actions

1. The User is entitled to use the Service in accordance with its intended purpose, within the limits of the law and good customs binding the information society, with respect for the rights and goods of other persons. In particular, the User undertakes to:

  • not take actions that could disrupt the proper functioning of the Service, including not to interfere with the Service content, Account or Accounts of other Users, or with IT elements of the Service;
  • not take unlawful actions, including sending or publishing using the Service functionalities content violating legal provisions, personal rights, content containing or distributing child pornography or terrorist content and violating others' intellectual property rights, as well as content of a discriminatory or racist nature;
  • not conduct using the Service functionalities sale (or not take other actions having similar effect) of prohibited Items or conditionally permitted or conduct their sale, if their trade is excluded due to applicable legal provisions, as well as Items originating from theft or which are the subject of a court or administrative dispute or Items covered by enforcement proceedings or entering into the bankruptcy or restructuring estate;
  • not mislead persons using the Service and Harvium, e.g. by providing untrue information regarding the Item or concealing essential information;
  • refrain from acting in bad faith, from abusing the Service functionalities, using the Service inconsistently with its intended purpose and contrary to the Terms;
  • not mislead Users regarding the condition, features and elements of the Item and other Transaction conditions.

2. Publishing or sending any content in the Service takes place in an automated manner, using the Service interface, and Harvium does not automatically verify all content sent using the Service functionalities.

3. In case of changes in the Advertisement content made by the User after its publication in the Service, Harvium is authorized to conduct an examination whether the updated content does not violate the Terms and take appropriate actions, including deletion of content violating the Terms or applicable legal provisions.

4. Every person using the Service has the possibility to report to Harvium unlawful or Terms-non-compliant content, disseminated using the Service functionalities. The reporting person should to the extent possible provide data enabling Harvium to conduct verification of the Abuse report, explain the reasons for which they consider the given content unlawful or non-compliant with the Terms and, if required in the report form, contact data.

5. The Business User has the possibility to challenge the decision regarding the blocking of content sent or published by them using the Service functionalities, by submitting an objection from the information about blocking the given content provided by Harvium. The provisions regulating the complaint procedure apply accordingly.

6. Harvium is authorized to delete the Advertisement or block the Account, if there is a suspicion that through the Advertisement or Account there could or can occur actions threatening the security of other Users within the Service, as well as in the case where the Advertisement negatively affects the good name of Harvium or in another way harms Harvium.

7. The Service, together with all texts, source code, graphics, interactive elements and trademarks, is subject to protection of Harvium's intellectual property, guaranteed by Polish and international law. Harvium reserves all rights to the Service, including those not listed.

8. In case of serious violation of the law using the Service, as well as serious or repeated violation of the Terms provisions, in particular in case of repeated attempts to publish or disseminate illegal content by a given User or different Users acting together and in agreement, including using different Accounts, Harvium may, with respect for the principles of proportionality and respect for freedom of trade, suspend the Account or Accounts or temporarily or permanently block them, which will be equivalent to temporary suspension of service provision to the User.

9. Harvium makes decisions about blocking or suspending content or the Account based on internal policies and moderation procedures. The policies and moderation procedures adopted by Harvium describe the ways and means of identifying content or User actions that are examined for violation of the Terms or applicable legal provisions. The main goal of the developed policies and moderation procedures is to ensure User security and combat any abuses.

XI. Withdrawal from Contract, Complaint Procedure, Complaint, Mediation

1. The User or Guest may contact Harvium regarding services provided on the basis of the Terms in the form of:

  • written form to the address: Harvium P.S.A., ul. Chmielna 2 lok. 31, 00-020 Warsaw;
  • electronic form using the contact form available in the Service;
  • by email to the address: contact@harvium.com.

2. In case of any irregularities regarding the operation of the Service, including individual services of a technical nature, the User or Guest should first contact the Customer Support Department/Help Center i.e. via email: contact@harvium.com.

3. A complaint can be submitted using the contact form or in writing to Harvium's address. The complaint process is fully free of charge for the User.

4. The complaint should contain at least: name and surname, email address of the User assigned to the Account, Advertisement ID number, circumstances justifying the complaint, as well as the User's demand related to the submitted complaint.

5. Harvium considers a complaint coming from a Consumer within 14 days from the date of its receipt. Harvium considers other complaints within 30 days from the date of their receipt. Harvium's response regarding the complaint is sent by electronic mail to the email address assigned to the Account, unless the User requests in the complaint content to send the response by mail to the correspondence address indicated in the complaint content. Details regarding complaints in relation to specific Products are indicated in the GTS and GTP.

6. A complaint is available to the Business User in the following cases:

  • alleged failure by Harvium to fulfill obligations resulting from the Terms and Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services;
  • technological difficulties, concerning the functioning of the Service and affecting the possibility of using the services offered in it by the User;

7. Detailed information related to the course of transactions concluded in the Service within published Advertisements can be found in the General Terms of Sale [hereinafter: GTS] and General Terms of Purchase [hereinafter: GTP].

XII. Alternative Dispute Resolution

1. The Consumer has the possibility to use extrajudicial ways of considering consumer disputes in accordance with the Online Dispute Resolution procedure developed by the European Commission available on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.

2. The Consumer has the right to use extrajudicial ways of considering complaints and pursuing claims. Detailed information regarding the possibility of the Consumer using extrajudicial ways of considering complaints and pursuing claims and the principles of access to these procedures are available at the seats and on the websites of county (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://polubowne.uokik.gov.pl/rejestr,5,pl.html.

3. For the purpose of Service development, Harvium has the right to introduce new services and functionalities, which may be preceded by product tests, without prejudice to the acquired rights of Users.

4. Unless absolutely binding legal provisions provide otherwise, the law applicable to agreements between the User and Harvium is Polish law. The choice of Polish law does not deprive the Consumer of the protection granted to them on the basis of provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of choice of law.

5. If any of the provisions of these Terms is recognized as invalid, inconsistent with the law or unenforceable, it will not affect the validity, consistency with the law and enforceability of the remaining provisions.

6. All disputes related to services provided by Harvium within the Service will be submitted to the competent common courts.

7. Attachments to these Terms (if any) constitute their integral part.

Last update date: April 27, 2025