§1 General provisions

1. These Terms and Conditions define the rules for delivering digital content (hereinafter referred to as the “Terms”) by MILBOR sp. z o.o. with its registered office in Warsaw, address: ul. Twarda 44, 00-831 Warsaw, entered into the National Court Register under KRS number 0000480839, VAT ID 5671904547, and REGON 146825291 (hereinafter referred to as the “Provider”). For all matters related to the provision of services under these Terms, contact can be made in writing to the above address or via email at rodo@milbor.pl.
2. These Terms constitute the form of fulfilling obligations arising from the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344 as amended), and to the extent that services are provided to Consumers, obligations arising from the Act of 30 May 2014 on consumer rights (Journal of Laws of 2023, item 2759 as amended).
3. The Terms have been published on the Website and enable every user of the Website to familiarize themselves with its content before ordering Digital Content.
4. Any person interested in receiving Digital Content is required to familiarize themselves with the content of these Terms and the Privacy Policy before entering into an agreement.
5. By User, we mean a natural person with full legal capacity, a legal person, or an organizational unit with legal capacity, entering into an agreement for the provision of Digital Content as:

• Consumer – a natural person concluding an agreement not directly related to their business or professional activity,
• Entrepreneur – a natural person, legal person, or organizational unit without legal personality granted specific legal capacity, conducting business or professional activity on their own behalf,
• Entrepreneur acting as a Consumer – a natural person conducting sole proprietorship registered in the Central Register and Information on Economic Activity (CEIDG), concluding an agreement directly related to their business activity, where the agreement indicates that it does not have a professional character for them, particularly stemming from the subject of their business activity.

6. For the purposes of these Terms, Digital Content means Newsletter and Digital Product.
7. Newsletter refers to industry information, information about the Provider’s activities, including marketing and commercial information, information about achievements, new solutions, and invitations to industry meetings related to the Provider, sent via email to the User’s provided email address. The frequency of Newsletter distribution depends on the Provider’s discretion.
8. Digital Product refers to reports, calculations, analyses, industry materials, and other informational, educational, or training materials in digital form related to the Provider’s business activities.
9. The Newsletter service is provided free of charge indefinitely via the Provider’s website www.milborpmc.pl (hereinafter referred to as the “Website”), in accordance with the Terms.
10. All copyrights to content provided to the User as part of Digital Content belong to the Provider. The User is authorized to use Digital Content solely for personal use and for the needs of their business activities, without the right to distribute or multiply them for further distribution or sale.
11. Users are prohibited from providing unlawful content through the Website, particularly infringing on others’ personal data, violating good manners, and social norms.
12. The Provider informs that due to the use of electronic services and the Internet, there are potential risks concerning the User’s use, including malicious software, spam cryptoanalysis, spyware, or other tools resulting in the misappropriation of confidential personal information. Such actions may occur without the Provider’s knowledge. For safe Internet use, the Provider recommends Users use up-to-date antivirus software or other security measures.
13. To order Digital Content, Users must meet the following technical requirements:

• Have a device enabling access to the Internet and a configured web browser;
• Have access to email and an active email address;
• Have software allowing the reading of digital files, especially in formats such as .pdf, .docx, .pptx, .xlsx.

 

§2 Delivery of Digital Content

1. Digital Products may be delivered to the User who:

• Enters into an agreement with the Provider for the Newsletter service, consenting to the processing of their data for this purpose;
• Or pays the price agreed upon with the Provider.

2. If the User wishes to receive a Digital Product without paying a price, they should:

• Visit the Website;
• In the form provided for receiving Digital Products, provide their email address;
• Check the box under one of the forms declaring consent to receive the Newsletter under the terms indicated in the Terms;
• Click the button confirming the intent to download the Digital Product, located under the form;
• Download the Digital Product using the link provided on the Website.

3. Clicking the button to confirm the intent to download the Digital Product is equivalent to the Recipient entering into:

• An agreement to receive the Digital Product;
• And an agreement to receive the Newsletter (provided the box declaring consent to receive the Newsletter has been checked).

4. The User can purchase a Digital Product for a specified price without entering into an agreement to receive the Newsletter. If interested in purchasing a Digital Product, the User should contact the Provider using the contact details specified in § 1 of the Terms.
5. The Provider is not obligated to update the content of Digital Products.
6. The Newsletter service can be accessed by:

• Completing the form provided for receiving Digital Products or the contact form;
• Giving consent to receive the Newsletter under the forms specified in § 2 clause 6 of the Terms.

7. By performing the actions referred to in § 2 clauses 2 and 6 of the Terms, the User consents to receiving commercial information via electronic means to the email address provided by the User, in accordance with the content of these Terms. Consequently, the User’s data is added to the mailing list dedicated to the Newsletter service, and by performing the action specified in § 2 clause 2 point 4 of the Terms or by clicking the button to confirm sending the message within the contact form, an agreement is concluded for using the Newsletter service.

 

§3 Termination of Newsletter service and withdrawal from the agreement for delivering Digital Content

1. To terminate the Newsletter service, the User may:

• Click on the link allowing termination of the Newsletter service included in each message sent to the User as part of the service, or
• Submit a statement via email or the contact form provided on the Website.

2. Performing the actions specified in § 3 clause 1 of the Terms results in immediate termination of the agreement for providing the Newsletter service.
3. The Provider reserves the right to cease providing the Newsletter service at any time, notifying the User accordingly.
4. Termination of the Newsletter service may also occur at the initiative of the Provider if the User fails to comply with the obligations arising from the Terms.
5. Regardless of the above provisions, based on the Act of 30 May 2014 (Journal of Laws of 2020, item 287 as amended), a User who is a Consumer or an Entrepreneur acting as a Consumer may withdraw from the agreement for delivering Digital Content without stating a reason within 14 (fourteen) days from the date of its conclusion. To exercise this right regarding the Newsletter, the User may perform the actions specified in § 3 clause 1 of the Terms. The statement of withdrawal may be made in writing or sent to the email address as indicated in § 3 clause 1 of the Terms, also using the following form:

Recipient [name of the Provider, postal address and email address]

Hereby, I inform about my withdrawal from the agreement for delivering Digital Content (Digital Product/Newsletter – delete as appropriate)

Date of conclusion of the agreement: XXX

Email address: XXX

User’s signature (only if the form is sent in paper version)

Date”

6. In case of exercising the right to withdraw from the agreement, § 3 clause 2 of the Terms shall apply accordingly.

 

§4 Complaints

1. The User is entitled to submit complaints at any time regarding improper provision of digital content delivery services by the Supplier, including discrepancies of Digital Goods with the contract.

1) electronically via email to the address specified in § 1 clause 1 of the Regulations;

2) in writing to the address specified in § 1 clause 1 of the Regulations.

2. The complaint should include:

• description of the problem;
• data allowing identification of the person making the complaint and contact details (at least email address).

3. If the complainant’s data needs to be supplemented, the Supplier will ask the complainant – if possible considering the incompleteness of the data – to supplement them.
4. The Supplier may also request the complainant to supplement the complaint with other information necessary for its consideration, e.g., concerning the detailed course of events covered by the complaint.
5. If a complaint is addressed to the Supplier and it is not possible to identify the person from whom it originates, and the complaint is not supplemented in accordance with the Supplier’s request, such complaint shall be left without consideration.
6. The Supplier shall consider complaints within 14 days from the date of receipt of a properly submitted complaint, i.e., including all necessary data and information for consideration. In the event of the need to supplement data by the User submitting the complaint, the period specified in the preceding sentence shall start anew from the moment when all required information is supplemented.
7. The Supplier shall promptly notify the User of the decision regarding the complaint via electronic mail to the email address provided in the complaint or by registered mail to the address indicated in the complaint.
8. Claims for warranty by entrepreneurs are excluded.

 

§5 Personal data and cookies

Information regarding the processing of personal data and the use of cookies within the scope of delivering digital content has been included in the Privacy Policy published on the Website.

 

§6 Out-of-court dispute resolution for consumers

1. A User who is a Consumer has the option of using out-of-court methods for resolving complaints and asserting claims, namely:

• a permanent consumer arbitration court to which the User can apply for resolution of the matter;
• a district (city) consumer ombudsman and social organizations whose statutory tasks include consumer protection;
• a provincial inspector of the Trade Inspection Authority, to whom an application can be submitted for initiating proceedings for amicable resolution of a dispute;
• Office of Competition and Consumer Protection.

More information on out-of-court dispute resolution methods, access, and descriptions of related procedures can be found on the websites of the aforementioned entities.

2. The User also has the option of using the platform dedicated to online dispute resolution (ODR) available at: https://ec.europa.eu/consumers/odr/.

 

§7 Amendment of the Regulations

1. Changes to the Regulations may be made subject to the following conditions.
2. The Regulations may be changed for valid reasons, including:

• the need to adapt the regulations to legal provisions directly affecting these regulations, requiring modification to ensure compliance with the law;
• changes in the technical conditions of providing the Newsletter service;
• the need to adjust the regulations to recommendations, orders, rulings, decisions, interpretations, guidelines, or decisions of competent public authorities;
• changes in contact details, names, identification numbers, email addresses, or links included in the regulations;
• combating abuses;
• improving User service.

3. For agreements for the delivery of Digital Goods concluded before the entry into force of the new Regulations, the previous provisions of the Regulations shall apply.
4. The new version of the Regulations shall be published on the Website and sent to Users at least 7 days before the planned effective date.
5. If the User does not agree to the changes resulting from the content of the new version of the Regulations, the User has the option to terminate the use of the Newsletter service in accordance with § 3 of the Regulations before the new version of the Regulations enters into force.
6. The new version of the Regulations shall enter into force on the date specified therein, but not earlier than after the expiration of the period specified in § 7 clause 4 of the Regulations.

 

§8 Final provisions

1. Polish law shall apply to this Regulations.
2. The Regulations shall enter into force on the date of its publication on the Website.