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REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

 

§ 1 Introduction

  1.  These Regulations for the provision of services by electronic means (hereinafter referred to as the “Regulations”) define the general terms, conditions and methods of providing services by electronic means by WIWN.pl Orzechowski spółka komandytowa, ul. gen. Jarosława Dąbrowskiego 17a, 93-177 Łódź, entered into the Central Registration and Information on Business under the REGON number 363751021, NIP number 7252120227. You can contact us by letter at the indicated address, by phone at 693 704 142 or by e-mail at wojciech@wiwn.pl , hereinafter referred to as the Service Provider.
  2.  The Regulations specify in particular:

1)   types and scope of services provided electronically;

2)   conditions for the provision of services by electronic means, including :

  1. a) technical requirements necessary for cooperation with the IT system used by the service provider,
  2. b) prohibition of the service recipient from providing illegal content ;

3)        conditions for concluding and terminating contracts for the provision of services by electronic means;

4) complaint   procedure .

  1.  The Service Provider is the controller of personal data processed in connection with the implementation of the provisions of these Regulations. Information on the terms of personal data processing can be found in the Privacy Policy . Information on the cookies used can be found in the Cookie Policy .
  2.  The Regulations are available on the Website in a form that allows them to be obtained, reproduced and saved (e.g. by printing or saving on a computer disk or other data carrier).

 

§ 2 Definitions

The terms used in the Regulations should be understood as follows:

–     Personal data – any information enabling direct or indirect identification of the User, including, among others, name and surname, location/geolocation data, e-mail address, internet identifier.

–   Contact Form – A service provided by the Service Provider electronically, enabling the User to send the Service Provider an electronic message via a form available on the Website. The Contact Form service is provided free of charge for an indefinite period.

–       Consumer – a natural person who performs a legal act with the Service Provider that is not directly related to his or her business or professional activity.

–        Telecommunications Law – Act of 16 July 2004 – Telecommunications Law (consolidated text: Journal of Laws of 2022, item 1648, as amended).

–   GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC [OJ EU L 119, 4.05.2016, p. 1, OJ EU L 127, 23.05.2018, p. 2 and OJ EU L 74, 4.03.2021, p. 35].

–   Website – a website published on the Internet by the Service Provider, available at www.wojciechorzechowski.pl .

–       Teleinformatic system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of the Telecommunications Law.

–    Provision of services by electronic means – performance of the Service, which takes place by sending and receiving data using teleinformatic systems, at the individual request of the User, without the simultaneous presence of the parties, whereby these data are transmitted via public networks within the meaning of the Telecommunications Law.

–       Agreement   –   ​​an agreement   concluded   between   the Service Provider   and   the User on 

provision of any of the Services electronically.

–   Service – services provided electronically by the Service Provider.

–   Act – Act of 18 July 2002 on the provision of services by electronic means.

–    User – an entity using the Service Provider’s services, whether a natural person, legal entity, or organizational unit without legal personality, who undertakes to comply with these Terms and Conditions. A User also includes an entity that orders the provision of specific Services under the terms and conditions specified in the Terms and Conditions.

 

§ 3 Terms of providing Services electronically

 

  1.  The Services are provided via the Website 24 hours a day, 7 days a week.
  2.  The Service Provider is obliged to provide Services electronically in accordance with the Regulations and the Act.
  3.  The Service Provider reserves the right to discontinue the service at any time.
  4.  Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript support in the web browser.
  5.  Using the Website may involve the User incurring fees for access to the Internet and data transmission, to the extent established by the agreement with the telecommunications operator whose services the User uses.
  6.  The User who plans to use the Website is obliged to read these Regulations before starting to use the Services and to comply with their provisions throughout the period of using these Services.
  7.  The User is obliged to consent to the provision of Services under the terms and conditions specified in the Regulations and to the processing of personal data by selecting the appropriate visible element of the form located on the Website .
  8.  Failure to read and accept the Regulations prevents the use of the Services.
  9.  The User is obliged, in particular, not to provide content prohibited by law, violating the legally protected personal rights of third parties and the Service Provider, as well as personal data, copyrights and the image of third parties, to use the Website in a way that does not interfere with its proper functioning, to use the Services to publish advertisements and any information of a commercial nature, including in particular not taking actions such as sending or placing unsolicited commercial information (spam) on the Website, to use the Website in a manner consistent with the law and good manners.
  10. The following Electronic Services are available on the Website :
  11.  Contact Form – a form available on the Website that allows you to send emails directly to the Service Provider, without having to log in to your email account. The Contact Form service is provided free of charge for an indefinite period and terminates upon sending a response to the User’s inquiry submitted via the Contact Form.
  12. The Form is used after providing the following information on the main page of the Website in the section visible on the Website:
  13. a) name, telephone number and e-mail address to which the response is to be sent,
  14. b) selecting the mandatory field with the first layer of information clause and clicking the field with the command to send the message. The agreement for the provision of the Form service is concluded when the User clicks the field with the command to send the message.
  15.  The User has the right to cancel the Form service before receiving a response to the submitted inquiry. Cancellation of the Form service involves sending a declaration of cancellation of the Form service to the Service Provider at the above-mentioned e-mail address from the e-mail address provided in the Form.
  16.  The Service Provider reserves the right to refuse to provide the Service in the event of:
  17. a) violation by the User of these Regulations or provisions of generally applicable law,
  18. b) the User takes any action that interferes with the uninterrupted use of the Website or Service by other Users,
  19. c) temporary or permanent cessation of the provision of the Services due to maintenance activities.
  20. d) the User providing incorrect or false data required for the proper performance of the Service.
  21.  Both the User and the Service Provider may terminate the agreement for the provision of the Service at any time and without giving reasons, subject to the retention of rights acquired by the other party before the termination of the aforementioned agreement.
  22.  The User who has used the Service terminates the contract for the provision of Services electronically by sending an appropriate declaration of intent to the Service Provider using any means of distance communication, e.g. via the e-mail address, telephone number indicated in § 1 section 1 or in writing to the address of the Service Provider’s registered office, enabling the Service Provider to become familiar with the User’s declaration of intent.

 

  • 4Liability 
  1.  The Service Provider shall not be liable for interruptions in access to the Service resulting from necessary technical and administrative actions, disruptions in the operation of the Internet, Internet network delivery and interruptions in access to the Services in the event of force majeure, cessation of the provision of Services to Users who have violated these Regulations, damage caused to third parties as a result of Users using the Service in a manner inconsistent with the Regulations and generally applicable law.
  2.  If the Service Provider receives an official notification about the unlawful nature of the stored data that was provided to the Service Provider by the User and, as a result, the Service Provider prevents the User from accessing such data, the Service Provider shall not be liable to the User for any damage resulting from the inability to access such data.

 

§ 5 Complaint procedure

 

  1.  Complaints related to the provision of Services by the Service Provider and other complaints related to the operation of the Website may be submitted by the User, for example:

–   in writing to the following address: ul. gen. Jarosława Dąbrowskiego 17a, 93-177 Łódź;

–       in electronic form via e-mail to the following address: wojciech@wiwn.pl ;

  1.  The complaint should contain the following information:
  2. a) User’s name and surname ,
  3. b) the User’s e-mail address or the User’s delivery address,
  4. c) description of the circumstances related to the subject of the complaint.
  5.  Complaints that do not contain the data indicated above will not be considered by the Service Provider.
  6.  It is recommended that the User provide in the complaint description: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the User’s request; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Service Provider.
  7.  The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
  8.  Detailed information on the User’s ability to use out-of-court complaint and redress procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and on the website of the Office of Competition and Consumer Protection (http://www.uokik.gov.pl).
  9.  In particular, the User is entitled to request :

1)       to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded sales contract,

2)      to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings to amicably settle the dispute between the Customer and the Seller,

3)    to the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection,

4)        via the EU ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/ with a complaint regarding the out-of-court resolution of disputes arising from online sales contracts or service contracts.

 

§ 6 Copyright.

 

  1.  All rights to the content on the Website are owned by the Service Provider and may not be used in any way without its prior written consent. In case of doubt, using the Website does not constitute the acquisition by the User of any intangible property rights to the works contained therein; the User may use these works only to the extent permitted by the Copyright and Related Rights Act. Copyright to the content on the Website is owned by the Service Provider or has been made available to it by another entity under an appropriate agreement and is subject to legal protection in accordance with the Copyright and Related Rights Act. Without the written consent of the Service Provider, none of the materials contained on the Website, nor downloaded from the Website, or otherwise obtained, may be used, reproduced, copied, recorded, or made available to third parties in any way.
  2.  The User may only use the Website’s services for their own personal use, within the scope of these Terms and Conditions. The User may not use the information contained on the Website for commercial purposes, in particular by making it available to third parties, whether for a fee or free of charge.

 

§ 7 Final provisions

 

  1.  In matters not regulated by these Regulations, the provisions of generally applicable Polish law shall apply.
  2.  The invalidity of one of the provisions of the Regulations and/or the Privacy Policy, confirmed by a decision of a competent court, does not result in the invalidity of the remaining provisions of the Regulations.
  3.  The court having jurisdiction to resolve any disputes arising from the Regulations is the common court having jurisdiction over the registered office of the Service Provider, except where the User is a Consumer.
  4.  The Service Provider reserves the right to make changes to the Regulations, in particular for reasons including:
  5. a) changes to the Services offered ;
  6. b) changes in the methods of providing Services,
  7. c) when the need to introduce a change is caused by a change in generally applicable legal provisions;
  8. d) when the need to introduce a change is caused by a final administrative decision or a final court judgment;
  9. e) technical changes related to the operation of the website, including increasing the functionality of the website;
  10. f) when the change is justified by improving the quality of service provision or increasing the safety of Service Users.
  11.  The Service Provider also has the right to make changes to the content of the Website and Services.
  12.  Each User will be informed about the content of changes to the Regulations and about significant changes to the content of the Website and Services by posting information about such changes on the Website.
  13.  For the purposes of these Regulations, it is assumed that a change to the content of the Website or Services is significant when the amount of content contained in the Services is drastically reduced or the overall nature of the content offered is significantly changed.
  14.  The changes will come into effect on the date indicated in the information about the change, but not earlier than 14 days after the notification of the change.
  15.  If the User does not accept the changes, the User may terminate the Agreement with effect from the date such change takes effect. If the User does not terminate the Agreement before such change takes effect, the User will be deemed to have accepted the changes.
  16.  The Regulations enter into force on 1 March 2024 .