REGULATIONS OF THE WWW.FORTSLUZEW.PL WEBSITE
Art. 1. GENERAL PROVISIONS
- The website available under www.fortsluzew.pl is maintained by KAMALA SP. Z O.O., ul. Racławicka 114, 02-634 Warszawa, Tax Identification No. NIP: 5242547727, Business Registry No. REGON: 140115401, National Court Register No. KRS: 0000232698, phone: 22 301 11 11, email: firstname.lastname@example.org
- These Regulations define the terms and conditions of using the www.fortsluzew.pl website, including in particular the principles of executing, performing, and terminating Contracts for the provision of information services, rules for the provision of services to Users, legal requirements related to the use of the Website and steps to be taken in the case of objections filed by the Website users regarding the quality of the provided services.
- The administrator provides the services referred to in p. 2. of this Article based on the applicable law and the www.fortsluzew.pl Website Regulations.
- The provisions of these Regulations shall not exclude or limit any rights of the User, who is also a consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended), enjoyed by the User pursuant to the mandatory provisions of law. If the provisions of these Regulations fail to comply with the above provisions of law, priority is given to the latter.
- Announcements, advertisements of the Administrator, price lists and other information provided on the Website are an invitation to execute a contract within the meaning of art. 71 of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended).
- The Administrator makes these Regulations available free of charge via the www.fortsluzew.pl website in a form that enables their downloading, saving, and printing.
- Regulations – this document referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), defining the general rights and obligations of the Parties and the terms and conditions of using the Website,
- Website – Administrator’s internet website which is a platform used to inform about real estate, functioning under the following address: www.forsluzew.pl; the Administrator uses the Website to provide services to Users via electronic means on the territory of the Republic of Poland,
- Administrator – KAMALA SP. Z O.O., ul. Racławicka 114, 02-634 Warszawa, Tax Identification No. NIP: 5242547727, Business Registry No. REGON: 140115401, National Court Register No. KRS: 0000232698, phone: 22 301 11 11, email: email@example.com
- User – a natural person with full legal capacity, and in the cases provided for by generally applicable regulations – also a natural person with limited legal capacity who uses the Services provided electronically by the www.fortsluzew.pl Website,
- Order – User’s declaration of will constituting an offer to execute an agreement with the Administrator for the provision of a paid service,
- Service – subject-matter of the Contract for the provision of information services by the Administrator to the User based on these Regulations,
- Paid Service – a service for the sale or rental of real property,
- Proof of Purchase – a VAT invoice or other evidence confirming the fulfilment of the Service provided by the Administrator,
- Contract – a contract for the provision of services within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), concluded by and between the User and the Administrator for an indefinite period of time via the Website in Polish.
Art. 2. RULES FOR USING THE WEBSITE
- The User shall use the Website in a manner consistent with applicable law, principles of social coexistence and principles of good conduct, showing respect for personal rights of third parties.
- The User shall comply with applicable Polish law and provide true personal data (full name, telephone number, e-mail address) as well as protect his or her identification data (e-mail address/login and password).
- The User shall:
- refrain from copying, modifying, distributing, transmitting or using in any way any content and databases made available on the Website, except for using them within the scope of acceptable use,
- discontinue any attempts to enter harmful data into the IT system (malicious software, including viruses, spyware, worms, etc.),
- not publish works and content, including images, covered by the rights of third parties – without the permission or authorisation of these persons,
- not post content prohibited by law, as well as content which violates good morals, including in particular any content of pornographic nature, or content that may violate personal rights or property interests of third parties.
- The Administrator reserves the right to issue instructions, apply temporary suspensions and, ultimately, block the Users who, despite having received previous warnings, keeps violating the provisions of these Regulations, impedes the use of the Website of other entities or breaches the provisions of generally applicable Polish law.
Art. 3. SCOPE OF RENDERED SERVICES
- The scope of services rendered by www.forsluzew.pl, referred to in Art. 1(4)(f) of these Regulations shall cover in particular:
- Information activities with respect to the real property offered for sale or lease
- Activities related to the sale and/or lease of real property.
- Possible communication methods and other Services offered depend on prior arrangements.
Art. 4. HARDWARE AND IT REQUIREMENTS NECESSARY TO USE THE WEBSITE
- Technical prerequisites for using the Services referred to herein are:
- User’s access to the computer (or tablet, mobile phone, smartphone etc.) with the current Windows, Linux or Mac OS operating system installed
- access to the Internet – passive internet connection with a speed of at least 10 Mb/s,
Art. 5. WAYS OF SERVICE PERFORMANCE
- The services rendered by the Administrator via the www.fortsluzew.pl website shall be available from Monday to Friday, on business days from 10:00 am to 7:00 pm and on Saturdays and Sundays on business days from 10:00 am to 4:00 pm.
- The Administrator provides two types of Services to the User:
- Free-of-charge Services,
- Paid Services.
- The provision of services commences upon Order placement.
- The Administrator shall confirm to the User that:
- the Order has been submitted and accepted for performance (it applies only to Paid Services),
- consent has been obtained to provide digital content in circumstances resulting in the loss of the right to withdraw from the Contract for the provision of services, and
- the provision of the services has commenced,
- in the form of an e-mail sent to the e-mail address provided by the User or Administrator, respectively.
- The contract for the provision of services shall be treated as executed when Kamala Sp. z o.o. sends an e-mail message to the e-mail address provided by the User, as referred to in p. 5 of this Article.
- Orders handed over for execution may be cancelled by the User who is also a consumer within the meaning of art. 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) until the provision of the selected Paid Service commences.
- Given the above, the Orders referred to in p. 7 of this Article may be cancelled by the User when the provision of Paid Services has already begun, however such cancellation shall not cause the Administrator to reimburse the User for the unused Paid Service.
- Points 7 and 8 of this Article shall not apply to the situation where the Paid Service ordered by the User is cancelled by the Administrator before the date of its provision – in the event of circumstances for which the Administrator is not responsible, which in particular applies to the cessation of services via the Website by the Administrator.
- In the case referred to in point 9 of this Article, the amount paid by the User shall be fully refunded.
Art. 6. PAYMENTS
- The prices presented on the Website are gross prices in Polish zlotys; they include all components, including VAT and customs duties.
- Sales of real property and lease include the VAT tax of 8% or 23%.
- The price of each of the Paid Services provided via the Website may vary depending on individual arrangements.
- The User shall be informed of the total amount to be paid each time before placing the Order.
- Proof of Purchase shall be attached to each Order.
- A User who is not a consumer within the meaning of art. 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), in order to execute the Order authorises the Administrator to issue a VAT invoice without the recipient’s signature.
- The User may pay for the ordered Paid Service by transfer to a bank account or in cash, at the Administrator’s office.
- In the case of making payments in the manner referred to in point 6 of this Article, the provision of Paid Services commences upon the positive result of the authorisation of 100% of the Order value or at the moment of signing the contract.
Art. 7. COMPLAINTS
- The User may file a complaint if the Services provided via the Website are not provided by the Administrator or are provided contrary to the provisions of the Regulations.
- The User shall inform the Administrator about any failures upon finding them.
- Complaints should be sent electronically via e-mail to: firstname.lastname@example.org.
- Complaints should contain: name and surname of the User, description of the service, e-mail address, day on which the breach was identified, description of the objections raised, as well as the request of the entity lodging the compliant.
- If the data or information provided in the complaint need to be supplemented, the Administrator (before considering the complaint) shall ask the person lodging the complaint to supplement them as required.
- The Administrator shall respond to the complaint lodged by the User within 14 days. No response from the Administrator after the term indicated in the previous sentence shall mean that the complaint has been considered justified.
- The above applies only to the Users who are consumers within the meaning of art. 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended). Thus, the Administrator excludes its liability for the warranty regarding entrepreneurs within the meaning of art. 43(1) of the previously mentioned Act.
Art. 8. WITHDRAWAL FROM CONTRACT
- The User who is a consumer within the meaning of art. 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), has the right to withdraw from a distance contract, without giving any reason, within 14 days from the day of conclusion of the Contract for the provision of electronic services.
- The above-mentioned right shall not be granted to the User in the following cases:
- provision of services, if the Administrator performed the service fully with the User’s express consent, who had been informed before such provision commenced that after the performance of the service by the Administrator he would lose the right to withdraw from the contract,
- agreements regarding service provision for which the price or remuneration depends on fluctuations in the financial market over which the Administrator has no control and which may occur before the deadline established for withdrawal from the contract,
- contracts which cover a non-prefabricated item, manufactured according to the User’s specifications or meant to satisfy his/her individual needs,
- contracts which cover an item which could quickly deteriorate or has a short shelf-life,
- contracts which cover an item delivered in a sealed package, which – once opened- cannot be returned due to health protection or hygiene reasons, if after delivery the packaging has been opened by the User,
- special contracts which cover items which – due to their nature – are inseparably connected with other items after delivery,
- contracts which cover alcoholic beverages the price of which was agreed upon the conclusion of the contract of sale and the delivery of which may take place only after 30 days, while their value depends on market fluctuations which are beyond the Administrator’s control,
- contracts in which the User explicitly demanded Administrator’s arrival to perform urgent repair or maintenance. If the Administrator provides additional services other than those required by the User or delivers other items than the spare parts required to perform the repair or maintenance – the User may exercise the right to withdraw from the contract regarding such additional services or items,
- contracts for the provision of sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened by the User after delivery,
- supplying newspapers, periodicals or magazines, with the exception of a subscription agreement,
- contracts concluded through a public auction,
- contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract consists of the day or period of service provision,
- contracts for the supply of digital content which is not recorded on a data carrier, if the provision of the service began with the User’s express consent before the deadline to withdraw from the contract and after the Administrator informed the User that the right to withdraw from the contract is no longer exercisable.
- In relation to items 2 a), c) and m), the right referred to in p. 1 of this article shall not apply to the Orders which cover Paid Services.
- The provisions of this articles shall not apply to the Users who are not consumers within the meaning of art. 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) – as for them the right to withdraw from the Contract for the provision of electronic services shall be strictly excluded.
Art. 9. COPYRIGHT
- All content provided through the www.fortsluzew.pl Website shall be subject to legal protection resulting from moral and economic copyrights, which belong directly to the Administrator or other entities publishing on the Website with the consent of the Administrator. This means that all content provided via the Website is owned by the Administrator or used by the Administrator with the consent of third parties who have copyrights to it.
- It is forbidden to copy photos and other graphic materials and to reprint texts posted on the www.fortsluzew.pl Website, including their sharing on the Internet without the written consent of the Administrator or another third party holding copyrights to them.
- External entities are also forbidden to download photos from the www.fortsluzew.pl Website and use them for marketing and commercial purposes.
- Using the above-mentioned materials without the written consent of the Administrator or other third party who holds copyrights to such materials is illegal and may constitute a basis for initiating civil and criminal proceedings against those who continue such ill practice.
Art. 10. CHANGE OF REGULATIONS
- The Administrator reserves the right to change these Regulations. The changes shall come into force from the moment they are published on the www.fortsluzew.pl Website; the User shall be informed about such changes in advance via email sent to the e-mail address provided in the filled-out form.
- All the activities performed by the User prior to the introduction of changes into the Regulations shall be considered in accordance with the provisions in force at that time.
- Users who do not agree to the new Regulations may cease to use the Website.
Art. 11. FINAL PROVISIONS
- The Administrator shall provide the Services with due diligence.
- The Administrator shall provide the User with faultless Services and in accordance with applicable standards and requirements.
- The User declares that he/she shall not claim any rights in connection with the restriction of access to the Website referred to in the point above.
- Any disputes between the Parties shall be settled amicably. However, if the dispute cannot be settled amicably, the competent court for considering the dispute shall be the court having jurisdiction over the Administrator’s registered office.
- The above provision shall not apply to the Users who are consumers within the meaning of art. 22 (1) of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended) – where all disputes between the Parties shall be settled amicably or in the presence of an independent and impartial mediator. However, if the dispute cannot be settled amicably, including via mediation, the jurisdiction of the Court shall be determined in accordance with the generally applicable provisions in the Republic of Poland.
- In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended) and other relevant ones.
- These Regulations shall be interpreted in accordance with the provisions of law valid in the Republic of Poland.
- The Regulations shall be valid from 23 May 2018.