Automotive gems

Terms and conditions

Regulations for Individual Clients of the MotoGems Service

Effective from March 5, 2025

 

This translation of the MotoGems Terms and Conditions is provided for informational purposes only and to facilitate understanding. In the event of any discrepancies, the original Polish version shall be legally binding and shall take precedence over this translation. Any disputes, interpretations, and enforcement of the Terms and Conditions will be based exclusively on the Polish version.

 

1. Preliminary Provisions

  • These Regulations define the rules for using the MotoGems service, including posting advertisements, using services, and accessing the platform’s resources.

  • MotoGems is available through the website motogems.com and the mobile application. Access to the service requires a device with a web browser and an Internet connection. The telecommunications operator may charge fees for data transmission.

 

2. Definitions

In these Regulations, the following terms shall have the following meanings:

  1. MotoGems – MotoGems Sp. z o.o., with its registered office in Jelenia Góra, 58-500 Jelenia Góra, ul. Kalinowa 9, registered in the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register (KRS) under number KRS 0001145130, with tax identification number (NIP) 6112838987, REGON: 54044393700000, and a share capital of PLN 5,000.00. Contact with MotoGems is possible via email at hello@motogems.com, through the helpdesk24 form after logging in, or via other communication channels available in the MotoGems Service.

 

  1. MotoGems – an international classified ads platform available at motogems.com and via the mobile application, enabling users to post and browse advertisements. 

 

  1. Advertisement – information about the sale of a vehicle posted by the Advertiser under the conditions specified in these Regulations.

 

  1. User – any adult natural person, legal entity, or organizational unit using the resources of the MotoGems service.

 

  1. Advertiser – a user who posts an advertisement on MotoGems, having full legal capacity.

 

  1. Account – an individual user profile in the MotoGems service, allowing the management of advertisements and access to available services.

 

  1. Advertisement Subject – a vehicle, including a passenger car, motorcycle, scooter, moped, or utility vehicle such as a camper, that may be offered for sale on the MotoGems platform.

 

  1. MotoGems Points – a virtual points account automatically assigned to the Advertiser’s Account, allowing the Advertiser to purchase points that can be used at any time to activate the publication of advertisements on the MotoGems Service. Points can be purchased via PayU S.A. or Stripe Inc.. Detailed information on payment processors is included later in these Regulations. By making a payment for points, the user agrees to the transfer of their data (name, surname, email) to the payment intermediary/processor.

 

  1. Regulations – this document defining the rules for using the MotoGems service.

 

  1. Advertisement Deactivation – a situation where the advertisement subject has been sold or its content has been modified so that it refers to a different vehicle than originally listed.


 

3. General Terms of Use of the MotoGems Service

  1. To access the full functionality of the MotoGems service, the User should register an Account and log in before using the platform. An Account enables, among other things:

  • Posting and managing advertisements,

  • Following advertisements,

  • Managing payments and invoices,

  • Sending and receiving messages from other users,

  • Ordering additional services, such as ad promotion,

  • Purchasing points to activate advertisements.

 

  1. Account Registration

Registering an account requires:

  • Completing the registration form, providing the required information (e.g., email address and password) or authentication via external services (e.g., Google, Facebook, Apple),

  • Reading and accepting the Regulations.

 

  1. Advertisement Content and Requirements

The Advertiser independently determines the content of the advertisement, which must relate to the sale of a single vehicle. Changing the vehicle in an active advertisement is not permitted.

An advertisement must:

  • Include the actual gross or net price (if the appropriate option is selected),

  • Be placed in the correct category (e.g., passenger cars, motorcycles, campers),

  • Concern the sale of a vehicle for a price not lower than PLN 1,000 gross.

 

  1. The basic advertisement display time is 1 day (24 hours from the time of publication) for all categories. However, an ad will be removed earlier if it becomes outdated or if the user’s points are exhausted. The user decides the duration of the advertisement’s visibility by using their available points.

Prohibited Actions

It is not allowed to:

  • Post advertisements unrelated to the automotive sector,

  • Publish misleading or illegal content,

  • Include information about financing, leasing buyouts, or other additional fees in the “Price” field.

 

  1. Images and Videos in Advertisements

  • Photos in advertisements may only depict the vehicle being offered.

  • Watermarks covering the entire image are not allowed. Only small logos in the bottom right corner of the image are permitted, occupying no more than 1/5 of the image area.

 

  1. Users may add a YouTube video link showcasing the vehicle in the designated field.

 

  1. Liability for Published Content

The Advertiser is responsible for the content they publish (including images and videos), ensuring its accuracy, compliance with the law, and adherence to the Regulations. MotoGems is not responsible for the actions of advertisers, including the legality and accuracy of published content.

 

  1. MotoGems’ Rights Regarding Published Content

During the advertisement’s display period on MotoGems, the Advertiser grants MotoGems permission to publish and distribute the advertisement’s description and images in:Social media,Search engines (e.g., Google),Other online platforms for the purpose of promoting the advertisement or the MotoGems service.

By posting copyrighted content on MotoGems, the User grants MotoGems a free, unlimited, and worldwide license for:

  • Recording and reproducing content by any technique,

  • Storing content in computer memory and networks,

  • Publicly displaying and playing the content,

  • Using the content in various formats, including integration into other works and creating derivative works.

 

  1. Use of MotoGems Materials

Downloading or using materials available on MotoGems requires prior consent from MotoGems.

It is strictly prohibited to:

  • Aggregate and process data for further distribution to third parties,

  • Use MotoGems branding (e.g., logo, graphic elements) without MotoGems’ permission.

 

  1. Users may only download and use insignificant portions of data, provided that such use complies with the Regulations and does not violate MotoGems’ interests or service rules.

 

  1. Ad Display and Positioning

Advertisements on MotoGems are displayed according to the selected sorting rules, allowing:

  • Positioning based on promoted listings,

  • Sorting by posting date,

  • Sorting by vehicle mileage, price, or other technical parameters.

The MotoGems recommendation system analyzes various factors, such as:

  • Static parameters (e.g., year of production, engine capacity, mileage, price, number of seats, vehicle condition),

  • Dynamic parameters (e.g., advertisement publication date, last promotion date).

Sorting parameters are adjusted based on the vehicle category and filters selected by the User.

 

  1. Advertisements in the MotoGems Service

  • In addition to classified ads, advertisements may also be displayed on the MotoGems platform.

  • Advertisements may be personalized based on user activity within the service, in accordance with the user’s cookie consent settings.

 

  1. Reporting Violations

Any User may report content that is illegal or violates the Regulations by using the “Report Violation” feature available on every advertisement.

A report should include:

  • The Ad ID code,

  • The reason for reporting,

  • Contact details (if required).

4. Conclusion of the Agreement

  1. The agreement regarding the purchase of points by the User is concluded at the moment the points are purchased. By making a purchase, the User agrees to the immediate provision of the service and the delivery of points to their account before the expiration of 14 days and understands that they waive the right to withdraw from the agreement.

 

  1. The agreement regarding the publication of Advertisements is concluded when the Advertiser activates the advertisement. Confirmation of this activation is provided in the MotoGems service within the User’s account/profile under the “My Offers” section.

 

  1. The first point for the first day of advertisement publication is automatically deducted at the moment the advertisement is activated by the User. Subsequent points are deducted automatically from the User’s account at the start of each additional 24-hour period until the advertisement is deactivated or the User’s points balance is exhausted.

 

  1. If an Advertisement has already been activated (i.e., its publication has started), the Consumer loses the right to withdraw from the agreement in accordance with applicable legal regulations, as the service has been fully provided.

 

5. Posting and Editing an Advertisement

  1. Posting an Advertisement requires:

  • Completing the form on the MotoGems website, including all mandatory fields, and accepting the Regulations,

  • Activating the advertisement by using the points accumulated in the user’s account.

 

  1. Once these conditions are met, MotoGems will confirm the activation of the advertisement in the “My Listings” section of the user’s account.

 

  1. The advertisement is activated at the moment the User initiates activation, provided that the user’s points balance is sufficient to cover the service cost.

 

  1. The advertisement display begins within a maximum of 5 hours from activation.

 

  1. The translation of the advertisement into other languages starts within a maximum of 24 hours after activation. If the content of the advertisement is edited during its publication, it will require retranslation, which will be completed within a few hours after the changes are made.

 

  1. The Advertiser may attach up to 200 images to the advertisement, in formats specified on the MotoGems website.

 

  1. During the advertisement’s display period and for 6 months after its expiration, the Advertiser has access to the admin panel, allowing: Editing certain permitted fields of the advertisement, Reactivating the advertisement.

 

  1. Reactivating an advertisement is possible only if the user’s account has a sufficient points balance to cover the reactivation. If reactivation is not performed within 6 months after the advertisement expires, the option will no longer be available.

 

  1. If the User wishes to end the advertisement’s display or deactivate the advertisement (e.g., after selling the vehicle), they must deactivate the advertisement themselves. This will prevent the system from continuing to deduct points from their MotoGems account.

 

6. Advertisement Promotion

  1. The Advertiser may promote their advertisements by activating one or more of the paid promotion services available on the MotoGems platform, provided such services are currently offered.

 

  1. The promotion of an advertisement begins at the moment of its activation and lasts for the period specified by the Advertiser. The promotion duration is adjusted to match the advertisement’s activation period.

 

  1. Promotions can be activated multiple times during the advertisement’s display period.

 

7. Liability Rules

  1. In the event of a User violating the Regulations, MotoGems reserves the right to:

  • Temporarily or permanently suspend an advertisement,

  • Limit the functionality of the User’s account,

  • Completely block the account in cases of serious violations (e.g., phishing, data fraud, selling non-existent vehicles/items).

 

  1. MotoGems may suspend the publication of an advertisement if it is found to be non-compliant with the Regulations. The Advertiser will be notified immediately, and point-based charges will be stopped.

 

  1. MotoGems is not responsible for:

  • The technical condition, safety, or legality of vehicles,

  • The content of advertisements posted by users,

  • Lack of interest in an advertisement,

  • Operation of telecommunication systems beyond MotoGems’ control,

  • Force majeure events.

 

  1. Prohibited Actions Include:

  • Posting advertisements containing offensive, illegal, or rights-violating content,

  • Keyword manipulation,

  • Publishing advertisements in incorrect categories,

  • Posting advertisements or links to external websites for promotional purposes.

 

  1. MotoGems may decide to block content or accounts based on its moderation procedures, using both automated and manual tools to ensure user safety and prevent abuse.

 

  1. If an account or content is blocked or suspended, the User will be notified by email about the reason for the decision.

 

  1. The User has the right to appeal a blocking or suspension decision by submitting a complaint according to the procedure outlined in the Complaints Handling section of the Regulations.

 

8. Fees

  1. Services provided within the MotoGems platform, including the purchase of points, are paid, unless stated otherwise in the description of a specific service. The applicable fees are specified in the current price list available on the MotoGems website. All prices are listed in the local currency (PLN/EURO or equivalent) and include VAT.

 

  1. Users can purchase points via online payments, using the payment methods available on the platform.

 

  1. Point Validity

Points purchased within the MotoGems system must be used within 2 years from the date of purchase. Each purchase has its own individual expiration date, which is permanently recorded and visible in the “Transaction History” section of the user’s account.

 

  1. Service Termination and Points Usage

If MotoGems plans to cease its operations, users will be notified at least 170 days before the termination date. This will allow them to use their purchased points within the 170-day period before the platform closes.

 

  1. Invoices and Refunds

VAT invoices for MotoGems services are issued upon user request, in accordance with the tax regulations of the respective country.

 

  1. In the event of price reductions, refunds, or invoice corrections, the user will be informed electronically. These changes do not require additional user approval.

 

9. Privacy and Confidentiality

  1. MotoGems processes personal data in accordance with applicable laws and the Privacy Policy.

 

  1. Users’ personal data is disclosed only in cases specified in the Regulations or the Privacy Policy, or in other legally justified situations.

 

  1. Users are responsible for archiving information about their advertisements and completed transactions.

 

10. Complaint Procedure

  1. Users have the right to submit complaints regarding the non-performance or improper performance of services by MotoGems.

 

  1. Complaints can be submitted via:

  • Email: complaints@motogems.com

  • The contact form available on the MotoGems website

  • Other communication channels indicated on the platform

 

  1. A complaint should include:

  • User details (name, surname, email address, phone number)

  • Details of the issue, such as the advertisement number or other information that allows case identification

  1. Complaints are processed within 14 days from the date of receipt. If additional information is required, the user will be informed and asked to provide the missing details.

 

  1. Users will be notified of the complaint resolution via email or another communication channel specified in the complaint submission.

 

  1. Users may appeal decisions regarding content or account blocking within 6 months from the date of receiving the decision notification.

 

11. Advertisement Deactivation

  1. If an advertisement is not activated within 14 days of being added to the system, MotoGems reserves the right to permanently delete it.

 

  1. If an advertisement is not reactivated within 6 months after its display period ends, it can no longer be extended.

 

  1. If an advertisement is deactivated before its scheduled expiration date, any unused points will be refunded.

 

12. Duration and Termination of the Agreement

  1. The agreement concerning the User’s account on MotoGems is concluded for an indefinite period. Both the User and MotoGems may terminate the agreement at any time with a one-month notice period. To terminate the agreement, the User must send a termination request via email to support@motogems.com.

 

  1. MotoGems has the right to immediately terminate the agreement if the User violates the Regulations.

 

  1. A User whose agreement has been terminated by MotoGems may not re-register an account without prior approval from MotoGems.


 

13. Reviews and Ratings

  1. MotoGems plans to introduce a review and rating system that will provide reliable information from buyers who have had the opportunity to purchase a vehicle from a particular seller.

 

  1. Details regarding the functioning of the review and rating system will be specified in future updates of the Regulations.

 

14. Changes to the Regulations

  1. MotoGems reserves the right to modify the Regulations for the following reasons:

  • Enhancing user security,

  • Improving platform functionality,

  • Preventing abuse,

  • Changing service conditions, introducing new features, or adapting to legal regulations.

 

  1. Users will be notified of any changes to the Regulations via electronic communication and through an announcement on the MotoGems platform.

 

  1. Changes will take effect no sooner than 15 days after users are notified, unless legal provisions require a different timeframe or the change is necessary to counteract an immediate threat.

 

  1. Services activated before the changes take effect will continue to be provided under the previous terms

 

  1. If a user does not accept the changes, they may terminate the agreement by sending a termination request to support@motogems.com. The termination will take effect after all active advertisements have expired.

 

15. Final Provisions

  1. As part of the MotoGems services, the User agrees that their advertisements may be published in other marketing channels, such as print media, television, the Internet, or advertising banners.

 

  1. MotoGems may introduce new services or functionalities, which may undergo testing before full implementation, without affecting users’ rights.

 

  1. The Regulations are available on the MotoGems platform and may be sent to users electronically when required.

 

  1. The applicable law governing the agreement between the User and MotoGems is the local law of the country in which the User accesses the services.

 

  1. Disputes related to MotoGems services shall be resolved by the competent courts, in accordance with the laws applicable in the given country.

 

  1. Consumers have the right to use alternative dispute resolution methods, such as Permanent Consumer Arbitration Courts or the EU Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr.

 

  1. If any provision of the Regulations is deemed invalid, the remaining provisions shall remain in effect.