TERMS AND CONDITIONS OF THE BILVIO PLATFORM FOR BUYERS

Article 1. General provisions

These Terms and Conditions of the Bilvio Platform for Buyers (hereinafter the "Terms and Conditions") set out the rules for using the transaction platform operated on the Bilvio domain (hereinafter the "Bilvio Platform"), including submitting bids and completing purchases.

The operator of the Bilvio Platform is Bilvio Europe OÜ, a company under Estonian law with its registered office in Tallinn, registered address: Lõõtsa 2b, 11415 Tallinn, Estonia, entered in the register kept by the Harju County Court under number 16624843, with a share capital of 1,000,000 euros, tax identification number: EE102562446 (hereinafter the "Operator" or "Seller").

The Operator provides services to users of the Bilvio Platform (hereinafter "Users" or "Buyers") in electronic form, including the paid services listed in Appendix No. 1 of these Terms and Conditions.

The Bilvio Platform can only be used via a device with Internet access and a standard browser (Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari) in their current versions. To use some functionalities, including registration and submitting offers, the User must have an active e-mail account.

Article 2. Account registration

Only persons who carry out business activities may become Users. An entrepreneur is any natural or legal person who, in contracts to which these Terms and Conditions apply, acts for purposes related to their business or professional activities. All actions on behalf of Users may be performed exclusively by duly authorized representatives.

To use the functionalities of the Bilvio Platform and make purchases, the User must be registered (have an Account) by completing an electronic form on the Platform. If the User is also a "Seller" under the seller terms, Buyer and Seller functionalities are combined within one account; the role depends on the objective nature of the action at a given moment.

When registering and using the Platform, the User must provide required, truthful data and statements. After submitting the form, the User will receive an e-mail describing how to confirm registration and other required information. After confirmation, the User can log in with the e-mail and password provided during registration.

Using automated solutions to access the Account or making the Account available to other persons is at the User’s own risk.

The contract for electronic services (Account creation) is concluded when the User gains access to the Account. The Account contains data provided in the registration form. The User must immediately update any changes via the appropriate form and is responsible for incomplete, outdated, or false data.

The User must keep the password secret and promptly notify the Operator of unauthorized access and circumstances. If the User violates the Terms and Conditions, law, or good practices (e.g., provides false/incomplete data or uses Platform materials without consent), the Operator may terminate or suspend the contract.

It is prohibited to collect/process data from the Platform for transfer elsewhere, or to use the names "Bilvio" or the Operator’s distinctive graphics without consent.

The Operator may verify User data for identification or to confirm declarations of will, including by requesting documents or a bank transfer. For documents in languages other than Polish or English, an officially certified translation into Polish or English may be requested.

If the Operator has legitimate concerns about Account security or transactions (e.g., takeover, complaints, violations, or unpaid fees), the Operator may:

  • condition Account use on proving credibility/entrepreneur status or fulfilling an obligation,
  • temporarily restrict access to certain functionalities,
  • suspend (deactivate) an Account for a fixed or indefinite period.

The Account is maintained for an indefinite period. The User may request cancellation at any time (via form or other verifiable method). The User may not terminate if the User:

  • has submitted/received an offer on the Platform,
  • is completing a transaction,
  • has receivables/liabilities to the Operator from Platform use.

Article 3. Publication of the Order and Product Information

The Platform publishes information about motor vehicles (the "Products") and their sale/delivery terms. Selecting Products and confirming willingness to purchase is an offer to conclude a purchase contract (the "Order").

The Buyer selects Products by adding them to a wish list and may search using filters. Inclusion in the wish list is not a reservation. If availability is exhausted before confirmation, the Order will not be accepted.

The Buyer must provide a complete, correct delivery address and a phone number that remains unchanged until delivery. The delivery address cannot be changed after placing the Order.

Article 4. Transactions

Purchases under the Account must be related to the Buyer’s business activity. By accepting the Product terms, the Buyer submits an offer to purchase.

After placing an Order, the Buyer receives an e-mail confirmation. Acceptance or rejection will be communicated no later than the end of the next business day (considering supplier or Operator holidays). The Order is binding on the Buyer unless rejected by the Seller. Upon Seller confirmation, a purchase contract (the "Transaction") is concluded.

If the Seller cannot fulfill the contract due to unavailability, nondelivery, damage, or loss, the Seller will immediately inform the Buyer, withdraw, and return payments. The Buyer will be informed of progress via the Platform.

Article 5. Deposit and Payment Transaction

Payments are made to the Operator’s bank account specified in the Order confirmation. The Buyer must pay the deposit immediately after generation, but no later than within 2 business days, based on the invoice in the User Account. The deposit is a percentage of the Order value (at least the value of one car). Failure to pay cancels the Order.

After deposit payment, the Operator issues a deposit invoice for the full Order amount. The Buyer must pay amounts in that invoice no later than 2 working days (payments may be divided by availability if all vehicles are not available simultaneously).

Purchases are documented by invoice. The Buyer consents to tax documents being made available in the Account and notified via e-mail. All payments/billing must use the bank accounts specified at registration and the payment title specified by the Operator.

If the Buyer unjustifiably withdraws or refuses to accept the Product, a contractual penalty applies per Appendix No. 1.

Article 6. Delivery of Products

The Operator organizes transport to the warehouse specified in the Order and prepares documents necessary to use the Product. The place of performance is where the Product will be collected (or should be collected per the Buyer’s decision).

The Buyer must provide via the Platform a copy of the CMR consignment note confirming delivery and acceptance protocols. Delivery time is stated in the Order summary with a tolerance of up to 30 business days, provided timely payment.

Products are delivered exclusively to addresses in countries/locations specified by the Seller. The Operator informs the Buyer of delivery details (date, transport, carrier).

Delivered at Place (DAP – Incoterms 2020) applies: the Operator is responsible for transport to the place designated by the Buyer and pays costs except customs and border fees in the destination country.

The Buyer must check Products on collection/delivery. For damage likely during transport, the Buyer must issue a damage report, enter remarks on the CMR, provide photo documentation, and immediately inform the Operator.

Claims for transport damage must be reported via the Platform no later than 2 business days from receipt and include:

  • a scanned CMR with damage note, signed by the carrier,
  • photo documentation,
  • repair cost calculation.

The Operator responds within 5 working days. If userConcentd, the Buyer will be asked to send an accounting document for reimbursement. If not userConcentd, the Operator may request a revised calculation or prepare one based on documentation.

The Seller is not liable for failure to accept the Product due to reasons attributable to the Buyer (e.g., incorrect/incomplete address). The Operator provides tools to manage the transaction; failure to use them may result in a contractual penalty (Appendix No. 1).

Article 7. Protection of personal data

The Operator is the administrator of personal data of Users and persons designated by Users and processes data in accordance with European law solely for purposes related to activities within the Platform (including concluding/fulfilling purchase contracts, communication, complaints) and archiving transactions.

Personal data is processed to: (a) conclude a contract with the Operator; (b) fulfill the contract for the User; (c) fulfill the Operator’s legitimate interests (e.g., protection against claims or providing delivery addresses of third parties provided by Users). Providing data is voluntary, but failure to provide certain data may prevent proper service.

Data may be provided to third countries only if they meet European law requirements. Data is stored for the period necessary to fulfill orders or maintain the Account, and may be processed thereafter due to legal obligations or legitimate interests.

Data subjects have rights (access, rectification, deletion, portability, restriction, objection, withdrawal of consent). The Operator protects personal data against disclosure, loss, or unauthorized change using appropriate technical/organizational measures.

For matters not covered, the Personal Data Protection and Cookies Policy (Annex No. 2) applies. The User must fulfill the information obligation toward persons whose data the User provided to the Operator.

Article 8. Complaints procedure

The User may file a complaint if the Operator or Seller fails to fulfill or improperly fulfills obligations under these Terms and Conditions, or if the Operator’s actions conflict with them.

Complaints can be submitted via the Platform contact form, by e-mail to contact@Bilvio, or in writing to: EDP, ul. Krzemowa 1, 62-002 Złotniki, Poland.

The complaint must include contact details (as on the Platform), a description of the relevant Transaction, other pertinent circumstances, and a specific claim. If additions are needed, the Operator will request them. Properly notified complaints will be handled within 30 days, with the method of resolution communicated as requested by the User. If rejected, reasons will be provided.

Article 9. Disclaimer (accessibility of the Bilvio Platform)

The Operator may cancel/stop publication of Product information if it conflicts with the Terms and Conditions (concluded Transactions remain valid). If the User violates the Terms, the Operator may:

  • warn the User via e-mail,
  • give the User a warning via e-mail,
  • temporarily restrict access to services (including partial/complete restriction of Account functionality),
  • condition use on confirming certain facts or proper completion of a Transaction,
  • suspend one, several, or all Accounts for a fixed/indefinite period,
  • impose a contractual penalty in accordance with Appendix No. 1.

The User must immediately comply with restrictions or obligations imposed. In accordance with Annex No. 1, compensation may be awarded to Buyers who suffer damage due to Sellers’ dishonest actions (e.g., unjustified non-fulfillment, missed deadlines, missing required documents). The Operator’s liability for defects is excluded.

Article 10. Final provisions

The Operator will inform the User within the Platform about changes to these Terms and Conditions. Changes take effect on the date specified, not earlier than 7 days from issue, except technical/informational changes or those not worsening Users’ situation may take effect sooner. Users who accepted Orders before changes are governed by the current version. Changed Terms apply to a registered User who does not terminate the Account userConcentment before the effective date.

For statistical/quality reasons, the Operator uses information (cookies) stored on the User’s device; details are in Annex No. 2. Users decide cookie settings via their browser.

Users may not use graphic elements (including the "Bilvio" logo), layout, or other IP without explicit written consent.

If any provision is invalid, the remainder remains in force. The parties will replace it with a new provision of similar purpose.

The Terms are created in Polish, English, Czech, French, German, and Hungarian. In case of discrepancies, the Polish version prevails.

The parties are not liable for consequences of force majeure (fire, flood, terrorist attack, natural disasters, epidemics, etc.). The affected party must immediately notify the other; failure or delay in notification may preclude invoking force majeure.

Purchase contracts between the User and the Operator are governed by these Terms and Conditions and Polish law. The UN CISG (Vienna Convention, April 11, 1980) does not apply. Disputes are finally resolved per the Arbitration Rules of the Arbitration Court at the State Chamber of Commerce in Warsaw, by arbitrator(s) appointed under those Rules.

ANNEXES

  • Appendix No. 1 – Fees and commissions
  • Appendix No. 2 – Privacy and Cookie Policy

Appendix No. 1 – Fees and commissions

The Operator receives a fee for completing the transaction in the form of a "success fee", which is included in the price of the vehicle.