Regulations for the user and the legal basis for action
The legal basis for the action of the National Centre for Debt
- Art. 4 Act on the provision of business information and exchange of economic data OJ of 2010, No. 81, item. 530 as amended,
- Art. 23 paragraph. 1 point 5 of the Act on the Protection of Personal Data OJ 2002, No. 101, item. 926, as amended.
Ncfd.co.uk is a public platform for ads containing information about the possibility of selling / buying debt or debts, that are to be sold by registered members on the portal ncfd.co.uk. Publicity identifying information about the claim or debt, and therefore also the particulars of the debtor, the portal provides pursuant to art. 4 of the Act on the provision of business information and exchange of business data and Art. 23 paragraph. 1 point 5 of the Law on Personal Data Protection. The Law on Personal Data Protection allows for the processing of personal data without the consent of the individual to whom it relates if it occurs in a legally justifiable purpose, and for such purpose shall be considered, inter alia, public announcement in order to sell the debt. Portal ncfd.co.uk in the section containing information about the possibility of selling / buying debt - the debt is available for free for an unspecified range of users.
§ 1. Definitions
For the purposes of these Regulations and content used in its various definitions shall apply:
1.1 Terms means these terms and conditions accepted and adopted the decision of the board Debt Securities sp. Z oo together with any attachments thereto, and any changes.
1.2 Debt Securities sp. Z o.o means the Debt Securities sp. z o.o with its registered office in Warsaw at ul. Golden 7/18, entered into the register of entrepreneurs kept by the District Court for M.ST Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000417232o share capital in the amount of 5 000 zł, the total paid up and NIP 5252530042
1.3 The operator is any natural or legal person or entity without legal personality.
1.4 You registrants is any adult natural person or legal entity or an organizational unit without legal personality, which started the procedure of registration on the portal.
1.5 Member since this Any private person or legal entity or an organizational unit without legal personality who successfully completed the registration procedure.
1.6 If at any point these regulations refers to the portal or portal should be understood as a portal ncfd.co.uk.
1.7 Changing the name of "National Centre for receivables" approved by the Board of Debt Securities sp. Z oo. NCFD or administrator does not need to change these regulations, and all provisions concerning the NCFD, automatically apply to exchanges carried out within the framework of an Internet portal ncfd.co.uk.
1.8 National Center for receivables is intended for users interested in selling or buying debt.
1.9 creditor is a registered user NCFD having a documented claim against the debtor.
1.10 The debtor is an entrepreneur - a natural person running a business or a legal person or an organizational unit without legal personality.
1.11 Debt is a claim held by a creditor against the debtor documented, in particular:
• bill issued in accordance with the Law on Personal Income Tax,
• VAT invoice issued in accordance with the Act on tax on goods and services and in accordance with Regulation Minister of Finance on tax refund to some taxpayers, invoicing, method of storage, and goods and services, which are not applicable exemption from tax on goods and services, or in accordance with Regulation Minister of Finance on issuing and sending invoices in electronic form, as well as storage and sharing the tax authority or tax inspection authority these invoices,
• a final court decision public,
• ruling of an arbitration award which has been declared enforceable court decision public.
1.12 Receivables 0-90 days overdue, ie. The category receivables whose maturity date (payment date) has not yet arrived, or from the due date (payment date) not been more than 90 days.
1.13 Receivables past due 90 days - two years, ie. The category of receivables for which it has been more than 90 days from the due date (payment date), but not yet passed two years.
1.14 Receivables overdue for over two years, ie. The category of receivables for which passed two years from the due date.
1.15 The record is information about the sale of receivables posted at NCFD.
1.16 The administrator responsible for managing the portal and the personal database of registered users is Debt Securities sp. Z oo ul. Gold 7/18, 00-119 Warsaw, NIP: 5252530042, KRS: 0000417232.
1.17 The personal data administrator is Creditors Debt Securities sp. Z oo.
1.18 Administrators of personal data are Creditors Debtors.
1.19 Information about the sale of receivables is tantamount to entrusting the User Administrator IGD processing of personal data Debtor in the field, referred to in par. 6 paragraph. 1 of the Regulations.
§ 2 Regulations
2.1 These rules are specified in the standard contractual Art. 384 § 1 of the Civil Code which, together with agreements on individual registered users, the provisions of common law regulates the rights and obligations of users and the administrator in the operation and use of the site.
2.2 Using the portal for users to be registered is so shaped that one of the conditions of registration of the electronic acceptance of this Regulation in the light of Art. 384 § 1 of the Civil Code in connection with art. 60 of the Civil Code is regarded as a declaration of intent of recording the user agreeing to the provisions of these Regulations.
2.3 These Rules were drawn up in the electronic form that allows the registrant to the user to make a copy of a physical or electronic form and save it on your own computer media, which is to meet the requirements of Art. 384 § 3 of the Civil Code.
§ 3 Changing the Rules
3.1 Debt Securities sp. Z o.o may make changes to these Terms and Conditions, notifying users of the changes occur through information on the web pages of the portal.
3.2 In the event of such changes to the regulations that increase the rights or obligations of users reducing regulations come into force upon notification to the users of the changes occur.
3.3 In the event of such changes to the regulations that increase or reduce the obligations of users' rights regulations also enter into force upon notification to the users of the changes occur, whereby users are not expressing approval for such changes shall have the right to terminate the contract of Debt Securities sp. Z oo within 30 days from the date of placing new regulations on the websites of the portal, with effect from the date of introduction of amendments to the Regulations.
3.4 Debt Securities sp. Z o.o You can also make automatic the option of accepting and changes to the Regulations. Refusal to accept the new regulations will be the same as the termination of the contract of Debt Securities sp. Z o o
§ 4 Principles of operation and function of the National Centre for Debt
4.A legal relationship between users NCFD
4.1. NCFD is a public platform for ads containing information about the possibility of sale of receivables, posted by registered users NCFD in order to sell them. NCFD is available for an indeterminate range of users - a part that requires registration containing an offer to sell receivables. Part enables the display of the sale of receivables and the portion of contact allows a potential buyer of the creditor and the acquisition via the platform belonging to him Debt is also available for an indefinite circle of users but requires prior registration at NCFD.
4.2. NCFD is a platform on which or through which comes to the conclusion of agreements between registered users of the portal exclusively by the sale of real estate at an auction with the ability to purchase without bidding specified by the issuer of the debt value.
4.3. Information about the sale of receivables are not hiring within the meaning of Art. 66 of the Civil Code, but an invitation to enter into an agreement in accordance with Art. 71 KC. If in doubt, the legal consequences of placing such information on the sale of receivables governed by the Act Civil Code.
4.4. Debt Securities sp. Z o.o not a party to the contracts concluded by registered users NCFD, does not work in favor of any party, is not responsible for the operation of any of the parties to the contract, nor guarantees in any form of commitments made by registered users, nor is it a guarantee of performance of contracts by any of the pages.
4.5. Debt Securities sp. Z o.o declares that it makes every effort to verify the data forming the content posted on the NCFD information about the sale of receivables, however, stipulates that not responsible for their content, in particular for the existence and quality of the receivables.
4.6. Access to information about debt offered for sale at NCFD is free of charge.
4.7. A user who has agreed to append your email address so-called. mailing list, or you agreed to send commercial information, marketing, advertising and promotional expressed thereby consenting to receive emails containing such content in the future.
4.B The legal relationship between the Debt Securities sp. Z oo and registered users NCFD.
4.8 Commencement of the registration process is a process aimed at concluding the agreement between the Debt Securities sp. Z oo and recording a user NCFD. Successful completion of the registration procedure is to conclude an agreement on the conditions resulting from the present regulations and any additional agreement approved by the registrant of the user portal. Registration at NCFD is free.
4.9 Upon completion of the registration procedure, the registered user is entitled to an independent post, edit and delete at NCFD information about the sale of receivables.
4.10. Using the services offered by Debt Securities sp. Z oo There is a fee.
4.11. The fee for adding a notice of debt is net 1zł and the fee commission income from the sale of debt is net of 5% of the gross value at which the debt was sold
4.12. Charge a monthly subscription offers net debt is 200 PLN / month
4.CW for the proper use of services provided by Debt Securities The user must provide their own access to the Internet, access to websites via a web browser, an e-mail allowing receive e-mail.
4.D Debt Securities declares that under the provision of the services described in the Regulations User is prohibited from supplying illegal content. The user accepting the contents of the Rules thus declares that it does not violate this prohibition.
§ 5 Procedure for the registration and deregistration
5.A registration procedure.
5.1. Registration means the conclusion of an agreement on the use of portal between the Debt Securities sp. Z oo and recording a user. Registration of users on the portal takes place both in electronic form - online as well as direct by signing physical documents.
5.2. User registration portal is possible after completing the mandatory registration form fields within the framework of the National Center account receivables.
5.3. Registrants user is required to give any required by the Debt Securities sp. Z oo data in accordance with the real state of things, and according to his best knowledge, and if their changes immediately upgrade them via the "My Account> Account Settings". Before providing personal debtor, the creditor is required to confirm the truth and relevance of the data in appropriate to the debtor-entrepreneur registration authority (the town hall, municipal office, KRS).
5.4. In cases where outdated data, in particular preventing Debt Securities sp. Z oo, the fulfillment of an obligation referred to in Art. 24 paragraph. 1 of the Act on the Protection of Personal Data, Debt Securities sp. Z oo, notify the Creditor about the necessity to provide current data. Do not pass by the Creditor current data within 30 days of notification, deletes the debts of the NCFD and delete all personal data provided by the Creditor from the collection of personal data.
5.5. Debt Securities sp. Z o.o is not responsible for the legal consequences (civil, criminal or administrative) arising from the misrepresentation or the existence of outdated data.
5.6. Registration the user is always carried out personally, and in the case of a legal person or an organizational unit without legal personality registration may only person who is empowered to make on behalf of the legal person or entity declarations of will.
5.7. In the case of online registration Debt Securities sp. Z oo may request the user at any time to authenticate the data given during the registration, including data on claims and the Debtor, by placing a copy of the documents in the My Account tab in the user panel portal or by sending certified copies of documents (at least certified as a true copy by the person presenting the document and including the date credentials) confirming such information, or by presenting them for inspection at the registered office of Debt Securities sp. z ooDo time to authenticate the data Debt Securities sp. z oo It has the right to suspend the provision of services to that user.
5.B deregistration procedure.
5.8. Within 10 days from the date of the contract - ie. After completion of the registration, the user can withdraw from the contract without giving any reason by making an appropriate declaration in electronic form or in writing (to the deadline is sufficient to give the post office the letter before its expiry). Each registered user has the right to terminate the contract between him and Debt Securities sp. Z oo (Deregistration).
5.9. In order to deregister just send an instruction to de-register the e-mail email@example.com, or by registered mail to the address of Debt Securities sp. Z oo, statements containing the identification data of the user. The statement does not contain personally identifying information Debt Securities sp. Z oo leaves without further action.
5.10. Immediately after receiving the deregistration disposal or declaration of withdrawal from the contract or statements to deregister the administrator removes the user from the database of registered users and delete personal information unless a user is in arrears with settling any fees to the Debt Securities sp. Z o o
§ 6 Placing information about the sale of receivables
6.1. Information about the sale of receivables is tantamount to approval of the Creditor to the processing of personal data transferred, as well as to make them accessible to other users NCFD.
6.2. Creditor Personal data are only available to other registered users NCFD.
6.3. As soon as the information concerning the sale of receivables, the administrator NCFD notify the Debtor of the fact that the inclusion of their personal data on the NCFD electronically or in writing (subject to paragraph 6.4), with the instruction of his rights.
6.4. At the time of posting information about the sale of receivables, creditor is obligated to provide a valid e-mail address of the debtor and the phone. Do not give this data requires the Creditor Debtor's obligation to inform about the fact of issuing debt for NCFD. The finished print notification is available on the portal.
6.5 A creditor who presented information on the sale of debt to NCFD, if the debt has been paid or otherwise satisfied by the debtor, or has been forgiven, and when it was sold (done assignment of receivables), shall immediately, ie. Not later than within 3 days from the date of the act, removal from the NCFD information about the sale of receivables (record).
6.6 The Administrator NCFD has the right at any time, without any notice and without giving any reason to remove information about the sale of receivables (record).
6.7 Costs related to the use of the National Centre Debts are described in the price list ncfd.co.uk portal located at http://ncfd.co.uk/cennik, is an integral part of these regulations.
§ 7 Liability
7.1. Administrator NCFD not be liable to users for the existence and quality posted on the NCFD claims. Administrator stipulates that before entering into a contract purchaser claims should take your own legal and factual actions in order to protect their interests.
7.2. Administrator NCFD not be liable to registered users for temporary inability to use the services of NCFD, if this inability is the result of circumstances beyond the control of the administrator (in particular, system failure, network failure, etc. ICT.), Or subsidiaries, but necessary for the proper operation of NCFD (in particular, make changes to the system).
7.3. Administrator NCFD not be liable to registered users for the temporary suspension of publicity about the sale of receivables in the cases described herein.
7.4. Registered user who posted information about the sale of receivables assumes all obligations that would be directed against the administrator NCFD for infringement of personal rights of the Debtor in connection with the posting of false information concerning the Debtor, or its debt.
§ 8 Complaints
8.1. Debt Securities sp. Z o.o ensure that the registered users - claimant is entitled to access and correct personal data provided administrator. This law is carried out by the data update option.
8.2. Debt Securities sp. Z o.o It provides that the debtor has the right to access and correct personal data contained in the section containing publicly available information about the sale of receivables in accordance with Art. 24 and Art. 32 of the Law on Personal Data Protection. The right of access Debt Securities sp. Z o.o realized by allowing free access to the part containing information about the sale of receivables. The right to correct the data of Debt Securities sp. Z oo realized through the right to request to the administrator requesting NCFD correct them. The submission of claims administrator shall immediately notify the Creditor. Creditor failing to respond to the request within 3 working days NCFD appoint the administrator to correct the data as requested by the Debtor or to remove an offer to sell receivables. Where the request by the Creditor Debtor, the administrator immediately improves the Debtor personal data, unless the creditor has made to yourself by option to update the data. In case of refusal Creditor correct the data as requested by the Debtor, the administrator can suspend the offer of claims.
8.3. In the case of an objection by the Debtor motivated to publish information on the sale of its debt with a request to stop processing the data, the administrator will stop processing personal data or questioned without undue delay forwards the request to the Inspector General for Personal Data, which seems an appropriate decision. If the request does not meet the formal conditions, ie. No character written or not is motivated by the administrator leaves them without a diagnosis.
8.4 Complaints about the service user can submit via e-mail to the electronic address firstname.lastname@example.org .Reklamacja should include electronic address of the applicant and a detailed description of the problem. Complaints meeting the above requirements will be considered within 14 days from the date of receipt of a complete notification of the complaint by the Debt Securities sp. Z oo If the data given in the complaint or information need to be supplemented, before dealing with complaints Debt Securities sp. Z oo may apply to the person lodging the complaint of supplementing the indicated range. Information about the complaint will be sent to the address indicated by the applicant Electronics, which it agrees.
§ 9 Processing of personal data and their protection
9.1 Debtor's consent to the processing of personal data is not required. The legal basis for processing personal data without the consent of the Debtor is Art. - Art. 23 paragraph. 1 point 5 of the Act on the Protection of Personal Data OJ 2002, No. 101, item. 926, as amended.
9.2 The processing of personal data for the purposes of registration shall be posted receivables, enabling users to NCFD information about the elements and symptoms of specific claims.
9.3 Debt Securities sp. Z o.o It informs that the debtor has the right to access and control the content of their data and correct them in accordance with Art. 24 and 32 of the Law on Personal Data Protection dated 29 August 1997 (unified text: Dz. U. of 2002, No. 101, item. 926, as amended) within the framework of the so-called. complaints procedure.
9.4 Your personal data obtained as a result of the registration procedure Debt Securities sp. Z oo collects and processes in accordance with the Law on Personal Data Protection dated 29 August 1997 (Dz. U. of 2002, No. 101, item. 926, as amended).
9.5 Registration of the user on the website constitute the permission within the meaning of Art. Section 1, paragraph 23. 1 of the Act on the Protection of Personal Data of 29 August 1997 (Dz. U. of 2002, No. 101, item. 926, as amended) for the Debt Securities sp. Z oo and the portal administrator to the processing of your personal data and use them in their own marketing purposes.
9.6 Debt Securities sp. Z o.o reports that each registered user has the right to access and control the content of their data and correct them in accordance with Art. 24 and 32 of the Law on Personal Data Protection dated 29 August 1997 (unified text: Dz. U. of 2002, No. 101, item. 926, as amended).
9.7 Registration of the user on the website constitute the permission within the meaning of Art. Section 1, paragraph 23. 1 of the Act on the Protection of Personal Data of 29 August 1997 (Dz. U. of 2002, No. 101, item. 926, as amended) for the Debt Securities sp. Z oo and for the administrator to disclose such data to other other users, but only in the cases provided for in the Regulations.
9.8 The user, who obtained the personal information of another user portal through it is not entitled to further processing of the data and is obliged not to disclose this data to third parties.
9.9 Notwithstanding the foregoing Debt Securities sp. Z oo or personal data administrator stipulate that the disclosure of personal data may also be made without the consent of the person concerned, if such an obligation will result from the provisions of applicable law and is requested by the authorized bodies or public institution.
§ 10 Deliveries
10.1 The basic form of service in relations between users of the portal, as well as in the relationship between users of the portal, and Debt Securities sp. Z oo It is the electronic way. Deliveries take place on the electronic addresses provided by the user during registration or during the subsequent data update or electronic address to contact the Debt Securities sp. Z oo : email@example.com
10.2 In the event of the need for service by post or courier, delivery is made on the addresses provided by users during registration or subsequent updates. Any legal consequences arising out of incorrect data or the existence of the outdated charged to the user to which they relate, in particular as regards the recognition of the consignment have received it.
§ 11 Copyrights and industrial property rights
11.1 copyrights to graphics Debt Securities sp. Z oo, including the logo of the National Center Receivables "ncfd.co.uk", as well as the layout and composition of these elements (ie. The layout) are protected in the Republic of Polish by the rules Act on copyrights.
§ 12 Severability Clause
12.1 If any provision of the Rules prove to be ineffective or invalid hand, assuming that the effect will be most reflected a record of the idea and purpose of the ineffective or invalid record.
12.2 If any provision of the Rules shall be deemed a final ruling of the court to be invalid, the remaining provisions shall remain in force.
§ 13 Governing law and jurisdiction
13.1 The law applicable to the contract between the User and Debt Securities sp. Z oo Polish is always right.
13.2 Any dispute arising out of or in connection with the contract between the User and Debt Securities sp. Z oo They will be settled by the court competent for the Debt Securities.
13.3 The provisions of § 13 paragraph. 13.2 does not apply in relation to a user who is a consumer within the meaning of the Act of 23 April 1964. - Civil Code (Dz. U. No. 16, pos. 93, as amended. Zm.3)