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Terms and conditions of using the elimen.pl website by its users

§1
GENERAL PROVISIONS

  1. 1 of the Act of 18 July 2002 on rendering services provided by electronic means (Journal of Laws of 2020, item 344, as amended). Elimen Group Spółka Akcyjna with its registered seat in Warsaw introduces these Terms and Conditions for the requirements and for the purpose of providing services by the owner of the ELIMEN.STORE website. These Terms and Conditions define:
    1. types of services provided by electronic means;
    2. conditions for the provision of services by electronic means, including technical requirements necessary to use the ELIMEN.STORE website;
    3. the manner of personal data protection;
    4. User service rules;
    5. complaint procedures;
    6. rules of introducing amendments to the Terms and Conditions.
  2. These Terms and Conditions define the rules of free use of the ELIMEN.STORE website.
  3. Viewing the content of the ELIMEN.STORE website does not require creating an account or providing personal data.

§2
DEFINITIONS

The terms used in the Terms and Conditions (the definitions of which are given below) in the singular form also refer to the plural form and vice versa, unless otherwise explicitly stated in the Terms and Conditions.

Administrator / Owner – Elimen Group Spółka Akcyjna with its seat in Warsaw, ul. Cybernetyki 19B, 02-677 Warsaw, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000804674, NIP number: 5213877014 and REGON number: 384402206, which is the Administrator and Owner of the ELIMEN.STORE website;

Terms and Conditions – these Terms and Conditions specifying the terms and conditions of using the “ELIMEN.STORE” website;

The website “ELIMEN.PL” (also known as the Website) – the website hosted at ELIMEN.STORE, containing Resources and making Resources available, owned by Elimen Group S.A. with its registered seat in Warsaw;

Resources – are materials made available on the Website on the terms and to the extent specified in these Terms and Conditions, including, inter alia, information about the company Elimen Group S.A. with its registered seat in Warsaw and its offer, articles on the blog, contact form, information clauses;

User – is a natural person using the Resources of the “ELIMEN.STORE” Website, regardless of whether he/she acts on their own behalf or on behalf of third parties to the extent and on the terms provided for in these Terms and Conditions;

Privacy policy – a document constituting an integral part of these Terms and Conditions specifying the privacy rules and the rules for the protection of Users’ personal data;

Personal Data – information about an identified or identifiable natural person referred to in the GDPR and generally applicable laws. The rules for the processing of Personal Data can be found (were described) in the Privacy Policy;

RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection). (Official Journal of European Union. L No. 119, p. 1);

Cookies – is IT data, in particular text files, stored on users’ end devices (computers, tablets, etc.) and intended for using websites. These files allow for the recognition of the User’s device and a proper display of the Website customized to the User’s individual preferences. Cookies usually contain the name of the website and a randomly generated unique number used to identify the browser, which facilitates the connection with the website;

Law – ought to be understood as the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended).

§3
TYPE AND SCOPE OF SERVICES

  1. The owner provides services by electronic means, and in particular:
    1. enables the User to use the contact form,
    2. provides the User with the Website Resources, such as a blog, access to learn about the offers of products and services provided by Elimen Group S.A. based in Warsaw, including the possibility of sharing some information from the website on social networks such as Facebook or LinkedIn.
  2. The owner declares that all content, products, services placed in the online store “ELIMEN.STORE” do not constitute an offer within the meaning of Art. 66 and art. 661 of the Civil Code.

§4
PERSONAL DATA ADMINISTRATION

  1. The administrator of Personal Data is Elimen Group Spółka Akcyjna with its registered seat in Warsaw, ul. Cybernetyki 19B, 02-677 Warsaw, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000804674, NIP number: 5213877014 and REGON number: 384402206.
  2. The rules for the processing of Personal Data for the purposes of implementing the provisions of these Terms and Conditions are described in the Privacy Policy, which is an integral part of these Terms and Conditions.
  3. The Privacy Policy includes, among others:
    1. Terms and conditions for processing the Users’ personal data
    2. the roles of entities when processing Personal Data;
    3. information about personal data administrators and information required by the GDPR.
  4. The website administrator has exercised due diligence in order to properly secure the personal data provided, in particular against disclosure to unauthorized persons.

§5
TECHNICAL REQUIREMENTS

  1. Access to the Website Resources does not depend on the fulfilment of any formalities by the User, in particular, this access does not require the User to register in the Website’s system.
  2. Technical requirements necessary to use the “ELIMEN.PL” Website:
    1. a personal computer connected to the Internet and access to the Internet;
    2. Web browser enabling the display of HTML documents on the computer screen;
    3. used web browser should accept cookies;
    4. Adobe Acrobat Reader software that enables reading PDF files.
  3. In the event of a failure to meet the above-mentioned technical requirements, the use of the Website Resources may become impossible.
  4. The owner is not responsible for technical problems or technical limitations of a mobile device (firewall, blockades, incorrect versions of multimedia files, anti-virus programs, etc.), which prevent access to the content on the Website, caused by reasons beyond their control.
  5. The User may prevent the storage of Cookies on their end device by the specific configuration of the web browser.
  6. In the event of a failure to meet the technical requirements set out in point 1 above, the use of the Website Resources may be hampered or even impossible.
  7. By using the Website, the User accepts the provisions of these Terms and Conditions.
  8. If the User does not consent to comply with the provisions of these Terms and Conditions, he/she is asked to not use this Website.

§6
USERS’ RIGHTS AND OBLIGATIONS

  1. The Website User is obliged in particular to:
    1. use the Resources offered by the Owner in a manner consistent with the provisions of generally applicable law, as well as the provisions of these Terms and Conditions and documents constituting its integral part and other applicable regulations;
    2. not provide and not forward content prohibited by generally applicable law;
    3. not provide and not transmit content that is contrary to morality and principles of social coexistence within the meaning of the Act of 23 April 1964 Civil Code (Journal of Laws of 2020, item 1740.
  2. If the service available on the Website (contact form) requires the User to provide specific data, the User is obliged to provide true, accurate, complete and not misleading data. The User bears full responsibility for any consequences resulting from improper completion of the Website forms by the User, in particular consisting of providing incorrect or false data by the User.
  3. It is forbidden for the User to provide illegal, offensive, false or misleading content, content containing viruses or content that may disrupt or damage computer systems. If the Owner receives reliable information about the unlawful nature of the stored data provided by the User, the Owner may prevent access to this data.
  4. The Owner is not liable to the User for any damage resulting from preventing access to illegal data. If the Owner receives unlawful data, the Owner will notify the User of the intention to prevent access to this data. If the User provides the content and data referred to above, the Owner has the right to make a claim for damages directly to the User, on the terms set out in the Civil Code.

§7
RESPONSIBILITY

  1. The owner is not responsible for:
    1. damage caused by improper use of the Website by the User;
    2. providing false, outdated or incomplete information by the User in the contact form;
    3. problems in the functioning of the Website, if they occurred as a result of events that the Owner, with due diligence, could not foresee or prevent, as well as a result of force majeure events;
    4. damage resulting from interruptions in the provision of services should they occur for reasons beyond the control of the Owner (at no fault of the Owner).
  2. The Owner is not responsible for the lack of access to the Website for reasons that are beyond their control. For security reasons and for any other reasons beyond the control of the Owner, the Owner has the right to temporarily suspend access to the Website for the period necessary to remove any occurring threats or irregularities. The Owner bears no responsibility for the temporary suspension of access to the Website referred to above.
  3. Subject to the limitations resulting from mandatory provisions of law, the Owner shall not be liable for damages arising in relation to the Website or its use or inability to use by any of the parties, or in relation to improper action, errors, deficiencies, disruptions, defects and delays in operation or transmission, computer virus, and line or system failure.
  4. The User using the Website is responsible for all the consequences of providing incorrect, false, incomplete or misleading data.

§8
DETAILED RISKS RELATED TO THE USE OF SERVICES PROVIDED BY ELECTRONIC MEANS

  1. Pursuant to art. 6 point 1 of the Act, the Owner informs the Users about the specific risks related to their use of services provided by electronic means.
  2. This information concerns threats which should be taken into account even though they may occur only potentially, despite the Owner’s use of measures securing the Owner’s infrastructure against unauthorized actions of third parties.
  3. Detailed risks related to the use of services provided by electronic means include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on computers connected to the network as well as interference in this data, which may as a result cause their loss, unauthorized change or blockade of the use of the services offered via the Website in particular.
  4. The basic risks related to the use of the Internet include:
    1. malicious software (malware) – various types of applications or scripts, such as viruses, worms, Trojans (Trojan horses), heyloggers and dialers, having harmful, criminal or malicious effect on the teleinformatic system of the network user;
    2. spyware – programs that track user activities, collect information about the user and send it to the program’s author, usually without the user’s knowledge or consent;
    3. spam – unwelcome and unsolicited electronic messages sent to many recipients at the same time, often containing advertising content;
    4. phishing confidential personal information by impersonating a trustworthy person or institution;
    5. hacking into the user’s ICT system using such hacker tools as exploit and rootkit.
  5. To avoid the above risks, the user should obtain anti-virus software for their computer and other electronic devices that they use to connect to the Internet. The program should be regularly updated.
  6. Protection against risks related to the use of services provided by electronic means by Users can be obtained by:
    1. enabling firewall
    2. ensuring the software is updated;
    3. not opening e-mail attachments of unknown origin;
    4. disabling macros in MS Office files of unknown origin;
    5. running regular full system scans with anti-virus and anti-malware software;
    6. encrypting data transmission;
    7. installing preventive programs (intrusion detection and prevention);
    8. using an original system or applications, obtained from legal sources.

§9
INTELLECTUAL PROPERTY RIGHTS

  1. The Owner informs that the Website contains elements protected by copyright, trademarks and other intangible goods subject to the protection of intellectual property rights, including the industrial property law. The selection and layout of the content presented on the Website constitute a proprietary object of copyright protection.
  2. The copyright for information and materials placed on the Owner’s Website as well as the trademarks belong to the Owner or otherwise the Owner has the appropriate right to use such materials, information or trademarks.
  3. The User undertakes to use any content presented on the Website solely for personal use. For the avoidance of any doubt, it is stipulated that the use and disposal of these contents, exceeding the standards of permitted personal use, requires the prior written consent of the Owner or another authorized entity, under pain of nullity.
  4. The Owner reserves the right to change the content of the Website at any time.

§10
CONTACT AND COMPLAINTS

  1. The Owner exercises due diligence to ensure an adequate standard of functioning of the Website. The User has the right to report reservations and errors in the functioning of the Website to the following addressbok@elimen.pl.
  2. In regard to the services provided on the Website, the User has the right to submit complaints regarding these services to the following address: bok@elimen.pl.
  3. The reports and complaints referred to in points 1 and 2 above should contain a detailed description of the occurring problem and contact details of the User.
  4. The Owner may ask the User to provide additional information to the extent necessary for providing an answer.
  5. Information on the result of the complaint procedure regarding the “ELIMEN.PL” Website is provided via e-mail without undue delay, but not later than within 14 days from the date of receipt of full information.

§11
FINAL PROVISIONS

  1. The Owner reserves the right to change these Terms and Conditions.
  2. Amendments to the content of these Terms and Conditions become effective from the moment of posting the new Terms and Conditions on the Website or on the date indicated in the announcement of the amendments to the Terms and Conditions posted on the Owner’s Website.
  3. Any reservations, comments and questions regarding the Website may be sent to the address of the Owner’s registered seat or to the e-mail address: bok@elimen.pl.
  4. The Terms and Conditions are made available to the Users free of charge via the Website in a form that allows them to be obtained (downloaded), saved, viewed
 and printed.
  5. The law applicable to the use of these Terms and Conditions is the Polish law.
  6. In matters not covered by the provisions of the Terms and Conditions, the relevant provisions shall apply, in particular:
    1. The Act of 23 April 1964 the Civil Code,
    2. The Act of 18 July 2002 on provision of services by electronic means,
    3. The Act of 4 February 1994 on copyright and related rights,
    4. The Act of 16 July 2004 Telecommunications Law,
    5. The Act of 30 May 2014 on Consumer Rights,
    6. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th 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 (General Data Protection Regulation).
  7. These Terms and Conditions are valid from 20.03.2021 r.