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The terms and conditions 

Thank you for visiting our website at http://protekt.pl (hereinafter referred to as: "Protekt.pl", "Website").

Protekt.pl is a website which enables to get acquainted with the Seller's catalogue offer, as well as to obtain information and advice on the Products offered. The wording of these terms and conditions assumes the establishment of general rules and conditions for the use of the Website. These terms and conditions, in case the user decides to use Protekt.pl, regulate in particular the rules of using the Website.

We invite you to become familiar with the regulations.

The Protekt.pl team

 

1.  GENERAL PROVISIONS

1.1.      The owner of the Website is Grzegorz Łaszkiewicz conducting business activity under the name of "PROTEKT" GRZEGORZ ŁASZKIEWICZ, entered into Central Registration and Information on Business of the Republic of Poland maintained by the minister competent for the economy, having: the address of the place of business and the address for delivery: ul. Starorudzka 9, 93-403 Lodz, NIP/VAT-ID 8310001653, REGON 471655302, e-mail address: info@protekt.com.pl.

1.2.      These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Website, unless a given provision of the Terms and Conditions provides otherwise and is addressed exclusively to consumers or to entrepreneurs.

1.3.      The Controller of personal data processed in the Website in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, within the scope and on the basis of the grounds and principles indicated in the privacy policy published on the Website. The Privacy Policy contains first of all the rules concerning the processing of personal data by the Controller in the Website, including the grounds, purposes and scope of the processing of personal data and the rights of data subjects, as well as information concerning the use of cookies and analytical tools in the Website. The use of the Website, including making purchases, is voluntary. Similarly, the provision of personal data by the Client using the Website is voluntary, subject to the exceptions indicated in the privacy policy (the conclusion of a contract and the Seller's statutory obligations).

 

2.  DEFINITIONS:

2.1.      BLOG – Electronic Service, Internet blog available in the Website for its Users under the tab "Knowledge".

2.2.      BUSINESS DAY - one day from Monday to Friday, excluding public holidays.

2.3.      CONTACT FORM - Electronic Service, an interactive form enabling contact with the Service Provider and sending an inquiry.

2.4.      CALCULATOR FOR CALCULATION OF FREE SPACE - Electronic Service, electronic calculator for calculating the free space under the user within a fixed and variable type of anchorage.

2.5.      CLIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organisational unit without legal personality to which legal capacity is granted by law.

2.6.      CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).

2.7.      NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users to automatically receive from the Service Provider cyclical contents of successive editions of the newsletter containing information about Products, novelties and promotions on the Website, available to all Clients.

2.8.      TERMS AND CONDITIONS - these terms and conditions of the Website.

2.10.    THE SELLER; SERVICE PROVIDER - Grzegorz Łaszkiewicz conducting business activity under the name of "PROTEKT" GRZEGORZ ŁASZKIEWICZ, entered into Central Registration and Information on Business of the Republic of Poland maintained by the minister competent for the economy, having: the address of the place of business and the address for delivery: ul. Starorudzka 9, 93-403 Lodz, NIP/VAT-ID 8310001653, REGON 471655302, e-mail address: info@protekt.com.pl.

2.11.  TEST OF KNOWLEDGE - Electronic Service, an electronic test of knowledge of the scope of products and systems offered by the Service Provider.

2.12.    ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Website.

2.13.    CUSTOMER - (1) a natural person having full capacity to perform legal acts, and in the cases provided for by the generally applicable regulations, also a natural person having limited capacity to perform legal acts; (2) a legal person; or (3) an organisational unit without legal personality to which the act grants legal capacity; - using or intending to use the Electronic Service.

2.14.    ACT ON CONSUMER RIGHTS, THE ACT - Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended)

2.15.    SEARCH ENGINE - free Electronic Service, a search engine available to all Clients on the Website, enabling them to search for specific issues and Products available on the Website.

2.16.    ORDER CATALOGUE - Electronic Service enabling the Customers to order the catalogue of Products offered by the Seller to  the address indicated in the Form.

 

3.  ELECTRONIC SERVICES ON THE WEBSITE

3.1.      In the Website are available in the following Electronic Services: Blog, Contact Form, Calculator for calculating  the free space, Newsletter, Test of knowledge, Search Engine and Order Catalogue.

3.1.1.      Blog using the Blog available on the Website is possible for all visitors of the Website, without the need to create an Account, after going to the "Knowledge" tab visible on the home page of the Website. The Customer is able to stop browsing the Blog at any time without giving any reason by closing the Internet browser.

3.1.2.      The use of the contact form is possible after (1) filling in the contact form and (2) clicking on the Website after filling in the "Send inquiry" field - until then it is possible to modify the entered data on your own. In the form it is necessary for the Customer to provide the following data: name, surname, e-mail address and the content of the message. The Electronic Contact Form is provided free of charge and is of one-time nature and is terminated at the moment of sending the message via it or at the moment of early cessation of the use of the Contact Form by the Customer.

3.1.3.      Using the Calculator is possible after (1) going to  the "Knowledge" tab, (2) selecting the "Calculator" tab, (3) clicking  one of the fields: "Fixed anchorage point" or "Variable anchorage type", (4) enter the indicated figures in meters and (5) click the "Calculate" field. The Electronic Calculator is provided free of charge and is a one-off service and is terminated at the moment of calculating the free space or at the moment of earlier cessation of the use of the calculator by the Customer.

3.1.4.      Newsletter - using the Newsletter is done after entering in the tab visible on the Website: the first name and the e-mail address to which the next editions of the Newsletter should be sent and clicking the field "Subscribe", and then clicking on the confirmation link sent to the given e-mail address.

3.1.4.1.       The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: info@protekt.com.pl or in writing to the address: ul. Starorudzka 9, 93-403 Lodz, and also by clicking on the link available in the tab enabling earlier subscription to the Newsletter.

3.1.5.      Using the Search Engine starts with the moment of going to the homepage of the Website, entering the searched phrase and clicking the action field. The use of the Search Engine is one-time and is subject to termination after using it.

3.1.6.      Knowledge test - is available to all Website visitors, without the need to create an Account, after going to the "Knowledge" tab visible on the main page of the Website. The Customer is able to terminate the Knowledge Test at any time without giving any reason by closing the Internet browser.

Technical requirements necessary for cooperation with the telecommunication system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) web browser: Mozilla Firefox 17.0 and above or Internet Explorer 10.0 and above, Opera 12.0 and above, Google Chrome 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher, (4) minimum screen resolution recommended: 1024x768; (5) enabling the use of cookies and Javascript in your browser.

3.3.      The Customer is obliged to use the Internet Service in a manner consistent with the law and good manners, bearing in mind the respect of personal rights and copyright and intellectual property of the Service Provider and third parties. The Customer is obliged to enter data in accordance with the facts. The Customer is prohibited from providing any illegal content.

3.4.      The procedure of complaint:

3.4.1.      Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Website (except for the procedure of Product complaint, which was indicated in section 7) the Customer may submit, for example:

3.4.2.      in writing at the address: ul. Starorudzka 9, 93-403 Lodz;

3.4.3.      in electronic form via e-mail to the following address: info@protekt.com.pl;

3.4.4.      It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of irregularities; (2) the Customer's request; and (3) the contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Service Provider. The requirements specified in the previous sentence are in the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

3.4.5.      The Service Provider's response to the complaint is immediate, not later than within 14 calendar days from the date of its submission.

 

4.  TERMS AND CONDITIONS OF ORDERING THE CATALOGUE

4.1.      The catalogue can be ordered by going to the "Catalogues" tab.

4.2.      The Electronic Service "Order catalog" is provided free of charge.

4.3.      In order to receive the catalogue, one should: (1) fill in the form, (2) click on the Website after filling in the "Order catalogue" field - until then it is possible to modify the entered data yourself. In the form it is necessary for the Customer to provide the following data: name, surname/company name, e-mail address, address for shipping and the content of the message.

4.3.1.      The use of the "Order Catalogue" Service is one-off and is terminated after the use of the Service.

 

5.      OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES FOR ACCESS TO THEM

5.1.      Detailed information concerning the possibility of using out-of-court complaint and redress methods by the Customer being a consumer, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

5.2.      The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or address for writing correspondence: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), whose task is, among others, to assist consumers in matters related to out-of-court settlement of consumer disputes.

5.3.      The consumer shall have the following examples of out-of-court complaint and redress options: (1) a request for the resolution of the dispute to a consumer arbitration court (for more information see: http://www.spsk.wiih.org.pl/); (2) a request for an out-of-court settlement of the dispute to a regional inspector of the Trade Inspection (for more information see the website of the inspector competent for the place of business of the Seller); and (3) assistance from a district (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection (inter alia, the Consumer Federation, the Polish Consumers' Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and under the number of the consumer hotline 801 440 220 (hotline open on Business Days, from 8:00 am to 6:00 pm, call fee according to the operator's tariff).

5.4.      At http://ec.europa.eu/consumers/odr  a platform for an online dispute resolution system between consumers and traders at Union level (ODR platform) is available. The ODR platform is an interactive and multilingual one-stop-shop for consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, visit the website of the platform itself or the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumerckie_faq_platforma_odr.php).

 

6.  RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)

6.1.      The consumer shall not have a right of withdrawal in respect of distance contracts:

6.1.1.      (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance began that after the performance of the performance by the Seller he will lose the right to withdraw from the contract; (2) for the provision of digital content which is not recorded on a tangible medium, if the performance began with the express consent of the consumer before the expiry of the period for withdrawal and after the Seller has informed him of the loss of the right to withdraw from the contract.

 

7.       PROVISIONS APPLICABLE TO ENTREPRENEURS

7.1.      This point of the Terms and Conditions and the provisions contained herein shall apply only to Customers who are not consumers.

7.2.      Pursuant to Art. 558.1 of the Polish Civil Code, the Seller's liability under the Product Warranty to a Customer who is not a consumer shall be excluded.

7.3.      In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without indicating the reasons by sending the appropriate statement to the Customer.

7.4.      Any disputes arising between the Seller/Service Provider and a Client/Customer who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

 

8.  FINAL PROVISIONS

8.1.      Agreements concluded through the Website are concluded in the Polish language.

8.2.      Amendment of the Terms and Conditions:

8.2.1.      The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations; changes in payment and delivery methods - to the extent these changes affect the implementation of the provisions of these Terms and Conditions.

8.2.2.      In the event of concluding continuous agreements on the basis of these Terms and Conditions (e.g. providing an Electronic Service - Account), the amended Terms and Conditions shall be binding upon the Customer, provided that the requirements specified in Article 384 and 384[1] of the Civil Code are complied with, i.e. the Customer has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or increase in the current fees, the Customer who is a consumer has the right to withdraw from the contract.

8.2.3.      In the case of concluding agreements of other nature than continuous agreements on the basis of these Terms and Conditions (e.g. the Sales Agreement), the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Users/Consumers who are consumers before the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect the Orders already placed or submitted or the Sales Agreements concluded, executed or performed.

8.3.      In matters not provided for in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on rendering services by electronic means of 18 July 2002 (Journal of Laws of 2002 No 144, item 1204, as amended); for Sales Contracts concluded until 24 December 2014 with Customers who are consumers - the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Hazardous Product of 2 March 2000 (Journal of Laws of 2000, No. 22, item 271, as amended) and the Act on special conditions of consumer sales and on the amendment of the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of the generally applicable law.

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