Regulation

WEBSITE WWW.PIASECKIGAGALA.PL

§1

GENERAL PROVISIONS

1. The website www.iaseckigagala.pl operates on the principles set out in these Terms and Conditions.
2. The Regulations define the conditions of use of the Website and the conditions for concluding and terminating Product Sales Agreements and the procedure for complaint proceedings, as well as the types and scope of services provided electronically by the Website www.iaseckigagala.pl, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of services by electronic means.
3. Each Service Recipient, at the moment of undertaking actions aimed at using the Electronic Services of the www.iaseckigagala.pl Website, is obliged to comply with the provisions of these Regulations.
4. In matters not regulated in these Regulations, the following provisions shall apply:
   1. the Act on the provision of electronic services of 18 July 2002,
   2. the Consumer Rights Act of 30 May 2014,
   3. the Act on Extrajudicial Resolution of Consumer Disputes of 23 September 2016,
   4. the Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.

§2

DEFINITIONS CONTAINED IN THE REGULATIONS

1. CONTACT FORM — a form available on the website www.iaseckigagala.pl allowing to send a message to the Service Provider.
2. FORM ORDERS — a form available on the website www.iaseckigagala.pl allowing you to place an Order.
3. CLIENT — The Service Recipient who intends to conclude or has concluded a Sales Agreement with the Service Provider.
4. CONSUMER — a natural person who carries out a legal transaction with an entrepreneur not directly related to his business or professional activity.
5. PRODUCT — a service available on the Website (online consultation), which is the subject of a Sales Agreement between the Customer and the Service Provider or another product made available for sale on the Website.
6. TERMS AND CONDITIONS — these Terms of Service.
7. SERVICE — Website of the Service Provider operating at www.iaseckigagala.pl
8. SERVICE PROVIDER — PIASECKI GĄGAŁA COMPANY WITH LIMITED RESPONSIBILITYRegistered in the Register of Entrepreneurs by the District Court for the City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000634215, place of business and address for service: ul. Alzacka 3C, 03-972 Warsaw, NIP: 1132916831, REGON: 365285656 52, e-mail address: biuro@piaseckigagala.pl, telephone number: +48 796 778 316
9. CONTRACT SALES — Product Sales Agreement concluded between the Customer and the Service Provider via the Website.
10. SERVICE ELECTRONIC — service provided electronically by the Service Provider to the Service Recipient via the Website.
11. SERVICE RECIPIENT — a natural person, a legal person or an organizational unit without legal personality, to whom the law grants legal capacity to use the Electronic Service.
12. ORDER — a statement of will of the Customer constituting an offer to conclude a Product Sales Agreement with the Service Provider.

§3

INFORMATION ABOUT PRODUCTS AND THEIR ORDERING

1. The www.iaseckigagala.pl service may sell Products via the Internet.
2. The Service Provider may also make the Products available for sale through other online platforms in accordance with the offer and description contained in those platforms. In this case, the provisions of these Terms and Conditions shall apply accordingly.
3. The information contained on the Website does not constitute an offer within the meaning of the law. The Customer, when placing an Order, makes an offer to purchase a particular Product under the conditions specified in its description.
4. The price of the Product displayed on the Website is given in Polish zlotys (PLN) and includes all components, including VAT.
5. The Price of the Product displayed on the Website is binding at the time of placing the Order by the Customer. This price will not change regardless of changes in prices on the Website, which may appear in relation to individual services after the Customer places an Order, unless otherwise stipulated in the Product description.
6. Orders can be placed:
   1. through the website using the Order Form (Service www.iaseckigagala.pl) — 24 hours a day throughout the year,
   2. by e-mail to the following address: biuro@piaseckigagala.pl.
   3. through other platforms cooperating with the Service Provider.
7. The condition for placing an Order on the Website by the Customer is to read the Terms and Conditions and accept its provisions at the time of placing the Order.
8. In the event that the Service Provider is obliged, before the start of the performance of the service constituting the Product, for reasons beyond its control, to change the essential terms of the Sales Agreement with the Customer, it shall immediately notify the Customer thereof.
9. In the situation referred to in point 8 of this paragraph, the Customer is obliged to immediately inform the Service Provider whether:
   1. accepts the proposed amendment to the Sales Agreement, or
   2. withdraws from the Sales Agreement with the immediate return of all services provided by the Customer and without the obligation to pay any contractual penalty.
10. If the Customer withdraws from the Sales Agreement in accordance with point 9 of this paragraph or if the Service Provider cancels the performance of the service constituting the subject of the Sales Agreement for reasons beyond the control of the Customer, the Customer has the right, at his choice:
    1. receive a substitute service of the same or higher standard, unless it agrees to a service of a lower standard with a refund of the difference in price,
    2. demand immediate reimbursement of all benefits provided by him.
11. The Service Provider is responsible for the non-performance or improper performance of the service constituting the Product, unless the non-performance or improper performance is caused solely by:
    1. action or omission of the Customer,
    2. the actions or omissions of third parties, not participating in the performance of the services provided for in the Sales Agreement, if these actions or omissions could not be foreseen or avoided,
    3. force majeure (an event of an accidental or natural nature, i.e. natural, unavoidable, one over which the Service Provider does not control, especially events of the nature of catastrophic actions of nature and extraordinary events in the form of disturbances of collective life, such as war, national unrest, epidemic).

§4

CONCLUSION OF A CONTRACT OF SALE

1. In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Service Provider, in accordance with § 3 point 6 and 7 of the Regulations.
2. After placing the Order, the Service Provider immediately confirms its receipt.
3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order is made by sending an e-mail.
4. Confirmation of receipt of the Order contains:
   1. confirmation of all relevant elements of the Order,
   2. these Terms and Conditions containing the instruction on the right to withdraw from the contract.
5. Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Service Provider.
6. Each Sales Agreement will be confirmed by proof of purchase (VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.

§5

PAYMENT METHODS

1. The Service Provider makes payment available through the electronic payment system (Stripe).
2. In the case of payment via electronic payment system, the Customer makes payment before the start of the Order execution. The electronic payment system allows you to make payments using a credit card or a quick transfer from selected Polish and foreign banks.
3. The Customer is obliged to pay the price under the Sales Agreement within 3 working days from the date of its conclusion, unless otherwise provided in the Sales Agreement.
4. The service will be performed only after it has been paid.

§6

1. Product in the form of an online consultation — is realized by conducting online consultations through a means of distance communication established between the Parties, within the period established between the Parties or within the period indicated by the Customer in the system provided by the Service Provider for booking consultations.
2. Other Products are delivered to the Customer at the address indicated by him, immediately after the conclusion of the sales contract and receipt by the Service Provider of confirmation of payment of the price of the Product.

§7

PRODUCT COMPLAINT

1. Warranty claim.
   1. The basis and scope of the Service Provider's liability towards the Customer who is a Consumer or an entity referred to in §10 of the Regulations, for the warranty covering physical and legal defects, are defined in the Civil Code Act of 23 April 1964,
   2. notification of defects concerning the Product and the submission of a corresponding request can be made by e-mail to the following address: biuro@piaseckigagala.pl,
   3. in the above message in electronic form it is necessary to provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Service Provider,
   4. The Service Provider will respond to the Customer's request immediately, no later than within 14 days from the moment of filing a complaint,
   5. in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations — failure to consider the complaint within 14 days of its submission is unambiguous with its consideration.
   6. The response to the complaint is transmitted on paper or other durable medium, e.g. by e-mail or SMS.

§8

RIGHT TO WITHDRAW FROM THE CONTRACT

1. Subject to point 4 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, which has concluded a distance contract, may withdraw from it without giving reasons, by submitting an appropriate statement within 14 days.
2. In case of withdrawal from the Sales Agreement, it is considered not concluded.
3. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the Sales Agreement shall count from the date of its conclusion.
4. The right to withdraw from a distance contract is not available to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Agreement:
   1. in which the subject of the supply is a non-prefabricated item, manufactured according to the consumer's specifications or intended to satisfy his individualized needs,
   2. in which the subject of the supply is a thing delivered in a sealed package, which, after opening the package, cannot be returned for reasons of health protection or hygiene, if the package was opened after delivery,
   3. in which the subject-matter of the supply is goods which, after delivery, by their nature, are inextricably linked with other things,
   4. in which the subject of the service is the service, if the Service Provider has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Service Provider he will lose the right to withdraw from the contract,
   5. in which the subject of the service is a thing that quickly deteriorates or has a short shelf life.
5. The right to withdraw from the Sales Agreement is vested in both the Service Provider and the Customer, in the event that the other party to the contract does not fulfill its obligation within a strictly defined period.

§9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

1. This paragraph contains provisions concerning only entrepreneurs not covered by the protection under the Consumer Rights Act referred to in § 10 of the Regulations.
2. The Service Provider has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer in relation to the Service Provider.
3. The Service Provider has the right to limit the payment methods made available by it to Customers who are not Consumers, including to require prepayment of part or all of the sale price regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
4. The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending a statement of termination to the Service Recipient who is not a Consumer.

§10

PROVISIONS ON ENTREPRENEURS ON CONSUMER RIGHTS

1. An entrepreneur conducting sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Consumer Rights Act, provided that the Sales Agreement concluded with the Service Provider is not of a professional nature.
2. A person carrying on an economic activity referred to in point 1 of this paragraph shall be protected only in respect of:
   1. prohibited contractual provisions — so-called abusive clauses,
   2. liability under warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,
   3. the right to withdraw from the contract concluded at a distance, in accordance with § 8 of the Regulations.
3. The Entrepreneur referred to in point 1 of this paragraph loses consumer protection rights in the event that the Sales Agreement concluded with the Service Provider is of a professional nature, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated there.
4. The entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by the district ombudsmen of consumer rights as well as the President of the UOKiK.

§11

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of Electronic Services through the Website, such as:
   1. conclusion of Product Sales Agreements,
   2. sending a message via the Contact Form.
2. The provision of Electronic Services to Service Recipients on the Website is carried out under the conditions specified in the Regulations.
3. The Service Provider has the right to post advertising content on the Website. These contents constitute an integral part of the Website and the materials presented therein.

§12

CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
2. Period for which the contract is concluded:
   1. the contract for the provision of the Electronic Service consisting in the possibility of placing an Order on the Website is concluded for a specified period and is terminated at the moment of placing the Order or the cessation of its submission by the Service Recipient,
   2. the contract for the provision of the Electronic Service consisting in the possibility of sending a message to the Service Provider via the Contact Form is concluded for a specified time and is terminated when the message is sent or the Service Recipient ceases to send it.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
   1. a computer (or mobile device) with Internet access,
   2. access to e-mail,
   3. web browser,
   4. activation of Cookies and Javascript in the web browser.
4. The Service Recipient is obliged to use the Website in a manner consistent with the law and good customs, with a view to respecting the personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data in accordance with the actual situation.
6. The Service Recipient is prohibited from providing illegal content.

§13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services through the Service The Service Recipient may submit via e-mail to the following address: biuro@piaseckigagala.pl.
2. In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Service Provider.
3. Consideration of the complaint by the Service Provider takes place immediately, no later than within 14 days from the moment of notification.
4. The Service Provider's response regarding the complaint is sent to the Service Recipient's e-mail address specified in the complaint notification or in another manner provided by the Service Recipient.

§14

INTELLECTUAL PROPERTY

1. All content posted on the website at www.iaseckigagala.pl enjoys copyright protection and (subject to § 14 point 3 and elements posted by the Service Recipients, used on the basis of a license, transfer of property copyrights or permitted use) are the property of PIASECKI GĄGAŁA COMPANY WITH LIMITED LIABILITY entered in the Register of Entrepreneurs by the Red Court Regional office for the city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000634215, place business activity and delivery address: ul. Alzacka 3C, 03-972 Warsaw, NIP: 1132916831, REGON: 365285652. The Service Recipient bears full responsibility for the damage caused to the Service Provider, resulting from the use of any content of the website www.iaseckigagala.pl, without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the website www.iaseckigagala.pl constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.

§15

FINAL PROVISIONS

1. Contracts concluded through the Website are concluded in accordance with Polish law.
2. In case of inconsistency of any part of the Regulations with the applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision of the Regulations.
3. Any disputes arising from the Sales Agreements between the Website and Consumers will be settled primarily through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on Extrajudicial Resolution of Consumer Disputes. However, if this would not be possible or would be unsatisfactory to either party, the disputes shall be settled by the competent general court in accordance with paragraph 4 of this paragraph.
4. Judicial Dispute Resolution:
   1. any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,
   2. any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, referred to in §9 of the Terms and Conditions, shall be submitted to the court competent for the Service Provider's registered office.
5. The Customer who is a Consumer also has the right to use out-of-court means of resolving disputes, in particular by submitting after the end of the complaint procedure a request to initiate mediation or a request for consideration of the case by an amicable court (the application can be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Amicable Consumer Courts operating at the Provincial Trade Inspection Inspectorates is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer can also benefit from the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. The out-of-court enforcement of claims after the conclusion of the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may in particular file a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.