RULES. of electronically supplied services on the website within domain

Transcription

1 RULES of electronically supplied services on the website within domain 1 [General Provisions and Definitions] 1. These Rules determine the types as well as terms and conditions of services electronically supplied by the Provider, pursuant to the Act on Electronically Supplied Services of 18 th July, 2002 (Dz. U. No 144 item 1204 as amended). 2. For any matters not regulated herein, the relevant regulations of Polish law shall apply, including most of all the Civil Code and the Act on Electronically Supplied Services of 18 th July, 2002 (Dz. U. No 144 item 1204 as amended). 3. The terms and expressions used herein shall mean: a) Commercial information all information designated directly or indirectly to market goods, services or image of the Provider, excluding information enabling the Provider to communicate with a specific person by and information about goods and services not used for obtaining the commercial effect by the entity that ordered the dissemination thereof, particularly without remuneration or other profits from manufacturers, sellers and service providers; b) Privacy and cookie policy document determining the principles of collecting, processing and using personal details of the Website Users by the Service Provider and privacy protection of the Users, including information about using cookies within the website, published at c) The Rules this document, determining the types, scope and terms and conditions of Services electronically supplied by the Provider pursuant to the Act on Electronically Supplied Services of 18 th July, 2002 (Dz. U. No 144 item 1204 as amended). d) Registration uploading data determined in the Rules on the Provider s website; e) Website web portal included in the domain f) ICT System - a set of cooperating IT hardware and software, assuring data processing and storage and transmission and reception thereof through telecommunication networks by means of end device appropriate for specific type of network in the meaning of the Act of 21 st July, 2000 The Telecommunication Law (Dz.U. No 73, item 852 of 2001 No 122, item 1321 and No 154, item 1800 and1802 and of 2002 No 25, item 253 and No 74, item 676); g) Electronic service supply service provision without simultaneous presence of the parties (remotely); by means of data transmission at the individual request of the User, transmitted and received by means of electronic processing devices, including digital compression and data storage, such service wholly sent,

2 received or transmitted via telecommunication network as provided in the Act of 16th July, 2004 The Telecommunication Law; h) Electronic communication means technical solutions, including ICT devices and software tools cooperating with them, enabling individual telecommunication with the use of data transmission between the ICT systems, particularly by e- mail; i) Services all the services supplied by the Provider for the User, determined herein and supplied via the Website, pursuant to these Rules; j) The Provider (or Administrator ) Paged Meble Joint Stock Company with registered office in Jasienica, Jasienica ul. Cieszyńska 99, entered in the register of entrepreneurs KRS kept by Court of First Instance in Bielsko-Biała, 8th Business Department of National Court Register under No KRS , share capital PLN ,00 all paid-in, NIP [tax code]: and REGON [Business Statistical No]: ; k) User a person using the Website, including both registered and non-registered users; l) Non-registered User a person using the Website without Registration, pursuant to the procedure defined herein; m) Registered User adult individual having full legal capacity or individual over the age of 13 and uses the Website at their parents or other statutory representatives, as a User who has registered according to the procedure defined herein; 4. The Rules are available to the Users on under the web address presented in such a way that obtaining, playing and recording their contents is possible by means of the User s ICT system. 5. The Provider shall supply the Services electronically, pursuant to the Rules. 6. The Provider is the website Administrator. 7. The Services provided via the Website are free of charge. 8. The use of the Website is voluntary and free of charge. 9. The Provider informs that publishing any contents forbidden by the law or against goods manners, particularly, pornographic, calumnious, abusing religious feelings, inciting religious, racial or ethnic hatred, disseminating computer or audio piracy or.publicizing data breach techniques and other information about further Users is strictly prohibited. 10. Any information uploaded on the Website, particularly concerning the product information (information on the goods) does not represent offer in the meaning of the Act of 23 rd April, 1964, the Civil Code. Any information about the Provider s products shall be of solely informative nature. 11. Pursuant to the Act of 2nd March, 2000 about the protection of some consumer rights and liability for damage caused by any dangerous product, each User has a right to waiver this Service Supply Agreement, within 10 days from executing the same. The

3 withdrawal indicated in the preceding sentence may be executed in the form of a written declaration ed to the Provider s registered office address. Declaration mailed prior to the expiration of the above date shall be sufficient to keep the same. 2 [Electronically supplied services] 1. The Services supplied by the Provider consist in free-of-charge, electronic sharing all or part of the Website resources and supply of other services that have been determined in these Rules, under terms and conditions determined therein. 2. A non-registered user may use the Services consisting in: display of the website, including becoming familiar with the Provider s products, obtaining information on the product dimensions, coloring available and fabrics used in the products, inspirations, news and the Provider s contact details 3. A registered user, in addition to the option of using services available for non-registered Users, may download photos published on the Website, press kits (i.e. information on the Provider s products), 3 D models of goods and receive commercial Information on the address given by such User. 4. One of the Services supplied for a registered User is transmission of commercial Information on the User s address ( ). 5. On registration the Users express their consent to receive commercial information to the address indicated by them during Registration, under art. 10 of the Law of 18 th July, 2002 on services supplied electronically (i.e. Dz. U item 1422). 6. A registered user may withdraw the consent to receive the commercial information at any time, by making relevant declaration and ing it to: news@pagedcollection.pl or in writing and mailing it to the Provider s registered office address. 3 [The User] 1. The Users access to the Website is possible on two levels, i.e.: a. Non-registered user; b. Registered user. 2. Using the Website means that a person has obtained the status of a Non-registered User who is obliged to observe the Rules, excluding the provisions concerning the Registered Users only. 3. The Registered User status is obtained through registration, its procedure as defined in 4 hereof. 4. The status of both Registered and Non-registered User is free of charge.

4 4 [User s Registration] 1. The User s registration is carried out on providing the following personal details in the form published on the Website: a. address; b. forename and surname; c. indication of occupation by ticking one option: architect, designer, journalist or other Provision of the details specified in 4 par. 1 section a, b is compulsory. 2. Disregarding the provision of personal details, under 4 par. 1 of these Rules, the User registering on the Website will be requested to tick the following options concerning: a. the acceptance of the Rules, Privacy Policy and cookies b. the User s consent for processing, collection, recording, storage, development, provision and deletion of the User s personal details by the Provider and for marketing or statistical purposes, c. the User s consent to receive the Commercial Information on the address indicated by the User, under art. 10 par. 2 of the Act of 18 th July, 2002 about electronically supplied services (Dz.U. No 144, item 1204). 3. To register, the User must give the compulsory details, under 4 par. 1 section a and b of the Rules, and tick the options indicated in 4 par. 2 of these Rules. 5. Upon registration the User shall automatically receive an with confirmation of the Registration and logging details, i.e. login and password to the address indicated by the user during Registration. 6. The User must not disclose the access password to any third persons. 7. The terms and conditions of the User s deregistration have been set out in 5 of these Rules. 8. The service of commercial information transmission to the address indicated by the User during registration is free of charge. 9. The User s disclaiming the consent to receive the commercial information mentioned in 4 par. 8 of these Rules shall entitle the Provider to immediate cessation of transmitting commercial information to such User. 10. Benefiting from the services supplied electronically is conditioned by holding an active and correctly configured account. 5 [The User s deregistration) 1. The User may deregister him/herself from the Website and withdraw their consent to receive the commercial information to the address indicated by the User. 2. Deregistration is carried out by ing a deregistration request to the Provider s e- mail address news@pagedcollection.pl or mailing it in writing to the Provider s registered office address.

5 3. Deregistration shall cause deletion of the User s details from the Website. 4. In case of User s request to delete any of the User s details or declarations necessary for registration or withdrawal of the User s consent for personal data processing in relation to the services provided on the Website, or withdrawal of acceptance for the Rules, any further supply of the Services by the Provider shall be impossible. 6 [Technical Information] 1. Without prejudice to any other requirements determined in these Rules, the User must satisfy the following technical requirements necessary for cooperation with the Provider s ICT system: a) access to the Internet, b) holding a correctly configured browser in the version specified below or newer: Internet Explorer version 9 (or newer), Mozilla Firefox version 32.0 (or newer), Google Chrome version (or newer), Safari version (or newer), Opera version (or newer), c) Java virtual machine version 7 (or newer), d) for file downloading the User must have and install appropriate software enabling reading or saving the file downloaded in PDF, obj., jpeg, jpg formats, e) registered Users must have a correctly configured account, 2. The Website operates basing on cookies technology. The principles of using cookies by the Provider are included in the Privacy Policy and cookies, available at the address: 3. The Provider informs that benefiting from the services covered by these Rules may be related to standard risk of the Internet use and recommends the Users to take appropriate measures in order to minimize the same. The basic threats related to the Internet use include so-called Trojan horses, computer viruses, spam (unordered s mailed to multiple recipients simultaneously). It is in the interest of each User of the Internet to install a legal and updated software protecting the User s computers against the threats mentioned above. 7 [Copyrights] 1. The materials included on the Website, particularly trademarks, texts, photographs, video and picture materials, software, databases are the Provider s property or have been made available to the Provider, in virtue of relevant agreement and are subject to legal protection, pursuant to the Act of 4th February, 1994 about copyrights and related rights (i.e. Dz. U No 90, item 631 as amended) and/or the Act of 30 th June, 2000 The Industrial Property Act (i.e. Dz. U item 1410 as amended). 2. The Provider permits the User to use the materials mentioned in 7 par. 1 of the Rules in the scope of use permitted by the law, particularly art of the Act of 4 th February, 1994 about copyright and related rights (i.e. Dz. U No 90 item 631).

6 3. The materials mentioned in 7 par. 1 of the Rules may be used in the scope exceeding the permitted use, against prior consent of the Provider only. 8 [Complaint processing] 1. The User may submit any complaints about the Website functioning and that of specific services with the Provider ing them to: news@pagedcollection.pl or in writing, mailing them to the Provider s registered office address. 2. The complaints should be made within two months from finding any irregularities in the Service or Website functioning. Any complaints made upon expiration of the term specified in the preceding sentence shall remain unprocessed, which the Provider shall communicate to the User. 3. The complaint should include: (1) complaint subject and justification, (2) the User s identity (forename and surname, address). 4. The Provider shall process the complaints within 14 days from submitting the same. 5. The information about complaint processing shall be transmitted to the User by to their address. 6. The User s submission of a complaint as well as its rejection or negligence by the Provider shall cause no prejudice to the right to litigation under the applicable laws. 9 [The Provider s liability] The Provider shall be liable for negligence or performance without due diligence of Services covered by the Agreement with the User, pursuant to the laws generally applicable. 10 [Personal data] 1. The Provider is the Administrator of personal data provided by the Users. 2. The personal details shall be processed by the Provider exclusively for the purposes of providing services for the Users within the Website. 3. Providing personal data is voluntary, but is necessary for providing services for the Users or processing the possible complaints. 4. The User has a right to view his/her personal data processed by the Provider, to correct them and request to cease the processing thereof and delete them. 5. The Provider does not make any personal data available to any other entities (data recipients). 6. To exercise the rights mentioned in 10 par. 4 of the Rules, the User may submit appropriate request in writing mailing it to the Provider s registered office or ing it to: news@pagedcollection.pl. 7. Detailed information on the Website Users personal data protection is published in the Privacy and cookies Policy.

7 11 [Final Provisions] 1. The Provider has a right to change the provisions of these Rules and cease the service supply through the Website. 2. The Provider has a right to modify the Rules only in case a substantial reason for the same occurs, which shall be limited to: a. change of the Website functionality, in order to facilitate the Users benefiting from the same, implementation of new functions within the Services that require change of the Rules or deletion of the functionalities that the Provider is unable to maintain for technical reasons or ones that require change of the Rules, b. necessity to adapt the Rules to the applicable laws. 3. The information concerning changes to the Rules or cessation of the services by the Website shall be announced to the Users within 30 days prior to their coming into force and effect through publishing the information on the Website page and by through transmitting a system announcement with registered Website Users to the address provided on registration. 4. The Registered User is entitled to immediate termination of the Electronic Service Agreement (without notice) after receiving information mentioned in 10 par. 1of the Rules, applying the procedure described in 5 of the Rules or in writing mailing it to the Provider s registered office address. A non-registered User who would not accept the amendments to the Rules should stop using the Website. 5. The possible disputes that might arise in relation to the application of the Rules shall be settled by competent public courts. 6. For any matters not regulated herein the Polish laws shall apply. Paged Meble S.A. in Jasienica, ul. Cieszyńska Jasienica entered in the Register of Entrepreneurs maintained by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS No: , holder of NIP (tax code): and REGON (business statistical No): , Share capital: PLN (fully paid-up). Tel: , Fax: , news@pagedcollection.pl