TERMS AND CONDITIONS OF THE ATELIERSNU.PL WEBSITE
§ 1 Definitions
§ 2 General Provisions
§ 3 Types and Scope of Services Provided Electronically
§ 4 Conditions for Providing Services Electronically
§ 5 Agreement for the Provision of Services Electronically
§ 6 Complaint Procedure
§ 7 Final Provisions
§ 1 Definitions
The terms used in the Terms and Conditions shall mean, respectively:
a) Terms and Conditions – these terms and conditions for the provision of services by electronic means;
b) Service Provider – WIZJO Spółka z ograniczoną odpowiedzialnością, address: al. Wyzwolenia 2, 35-501 Rzeszów, entered into the National Court Register under KRS number: 0000801955, REGON: 384255478, NIP: 5170401485, e-mail address: salon@panmaterac.pl, tel: +48 17 777 95 00;
c) Service Recipient – a natural person, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, using the Website;
d) Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality using the Website as part of their business or professional activity;
e) Consumer – a natural person using the Website for purposes not directly related to their business or professional activity;
f) Website – the internet service operating at https://ateliersnu.pl maintained by the Service Provider;
g) Electronic Services – services provided electronically by the Service Provider within the functionalities of the Website.
§ 2 General Provisions
These Terms and Conditions specify, in particular, the types and scope of services provided electronically by the Service Provider, the conditions for providing these services, the conditions for concluding and terminating agreements for the provision of services by electronic means, and the complaint procedure.
These Terms and Conditions constitute regulations within the meaning of Art. 8 of the Act of July 18, 2002, on the provision of services by electronic means.
The Terms and Conditions do not apply to services provided by the Service Provider in any other way, nor to services provided electronically by the Service Provider through internet domains other than the Website domain.
The Terms and Conditions are made available free of charge via the Website in a manner that allows them to be obtained, reproduced, and recorded. Access to the Terms and Conditions can be obtained at any time via the link provided on the Website, as well as by saving them in any format on a chosen storage medium.
Communication with the Service Provider performed by the Service Recipient results in the Service Recipient incurring costs resulting from agreements concluded by the Service Recipient with third parties for the possibility of using specific forms of distance communication. The Service Provider does not charge any additional fees or benefits for the possibility of communicating with them.
In the event of a dispute with the Service Provider, the Consumer has the possibility of an out-of-court settlement of the case by: 1) applying to a permanent consumer arbitration court, 2) mediation, 3) applying to the Provincial Inspector of the Trade Inspection, 4) applying to the Consumers’ Federation.
§ 3 Types and Scope of Services Provided Electronically
The Service Provider provides the following Electronic Services free of charge via the Website: a) providing data and materials located on the Website, containing in particular information about the offer and activities of the Service Provider; b) enabling the sending of a message to the Service Provider via the contact form available on the Website.
The Service Provider reserves the right to suspend the provision of all or some Electronic Services via the Website without giving a reason, as well as to completely remove the Website, by way of changing these Terms and Conditions on the principles set out therein, while respecting the rights of Service Recipients.
§ 4 Conditions for Providing Services Electronically
Technical requirements necessary for cooperation with the ICT system through which the Service Provider provides Electronic Services: a) a PC, Mac, or other device enabling the use of the Website, b) access to the Internet, c) access to electronic mail (e-mail), d) appropriate software in the form of a web browser.
The Service Recipient is prohibited from providing content of an unlawful nature, as well as from making any interference with the content contained on the Website without the consent of the Service Provider.
§ 5 Agreement for the Provision of Services Electronically
An agreement for the provision of services by electronic means is concluded upon commencement of use of a given functionality of the Website that enables the use of a specific electronic service.
The agreement for the provision of services by electronic means is concluded for an indefinite period and is terminated at the moment and by way of the Service Recipient ceasing to use the given electronic service, without the need to submit additional declarations.
The Service Recipient may terminate the agreement referred to in sections 1 and 2 at any time and without stating a reason by sending an appropriate statement via e-mail or in writing to the Service Provider’s address. A Service Recipient who is a Consumer may also withdraw from the agreement referred to in sections 1 and 2 within 14 days without giving a reason, based on the principles set out in the Act of May 30, 2014, on consumer rights. The right to withdraw from the agreement also applies to a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity made available under the provisions on the Central Registration and Information on Business.
§ 6 Complaint Procedure
A Service Recipient who is a Consumer may submit a complaint regarding services provided electronically by the Service Provider via e-mail or in writing to the Service Provider’s address. The possibility of submitting a complaint also applies to a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity made available under the provisions on the Central Registration and Information on Business. In the case of other Entrepreneurs, the possibility of submitting a complaint is excluded, and any liability of the Service Provider toward them is excluded, except for cases of damage caused by willful misconduct.
The Service Provider will consider the complaint within a period not exceeding 14 days from the date of its receipt, informing the Service Recipient immediately of its results.
§ 7 Final Provisions
The Service Provider is entitled to change the Terms and Conditions for the following reasons: a) the necessity to adapt the content of the Terms and Conditions to new or amended legal provisions or their interpretation applied by courts or public authorities affecting the content of the Terms and Conditions, b) the issuance of a judgment, decision, recommendation, or other similar act by a court or an authorized public authority having a direct impact on the content of the Terms and Conditions and resulting in the need for its change to adapt to such judgment, decision, recommendation, or similar act, c) removing any mistakes, errors, ambiguities, or interpretation doubts regarding the content of the Terms and Conditions, d) the necessity to update technical requirements or security standards indicated in the Terms and Conditions, e) changes in names, addresses, company data, or links indicated in the content of the Terms and Conditions, f) the necessity to improve the operation of the Website, provided that these changes do not infringe or limit the rights already acquired by Service Recipients, g) the introduction, removal, or change of the conditions for providing individual services provided electronically within the Website.
The Service Provider will inform about the change to the Terms and Conditions by posting the current version of the Terms and Conditions on the Website 14 days before it enters into force. If the Service Recipient does not agree to the introduction of changes to the Terms and Conditions, they are entitled to terminate the agreement for the provision of services by electronic means.
In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, including in particular the Act of July 18, 2002, on the provision of services by electronic means.
All graphic elements of the Website, technical solutions used therein, content elements, as well as the way in which the graphic elements and content are presented (layout), as well as software, databases, and other materials placed within the Website, constitute the subject of the Service Provider’s copyright and are protected in accordance with the provisions of the Act of February 4, 1994, on copyright and related rights.
For the purpose of using the Website, the Service Provider grants Service Recipients a non-exclusive, non-transferable, non-assignable License to use the Website, granted for the duration of using the Website. As part of the granted License, the Service Recipient is only entitled to temporary reproduction of the Website by displaying it in a web browser, as well as saving temporary files, in order to use the available functionalities in a manner consistent with these Terms and Conditions.
Any disputes arising between the Service Provider and a Service Recipient who is an Entrepreneur shall be resolved by the common court competent for the registered office of the Service Provider. The preceding sentence does not apply to a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity made available under the provisions on the Central Registration and Information on Business.