effective as of 14.03.2023
§ 1 General provisions
- These Regulations set out the rules for the provision of the Newsletter service (hereinafter the Regulations) by MILBOR spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: ul. Twarda 44, 00-831 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000480839, with Tax Identification No. NIP 5671904547 and [National Business Registry No.] 146825291 (hereinafter:(hereinafter: Service Provider). In all matters related to the provision of services under these Terms and Conditions, you can contact us in writing at the above address or by e-mail at firstname.lastname@example.org.
- The Regulations constitute a form of fulfilment of obligations under the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws of 2020, item 344 as amended).
- The User shall be understood natural person, with full legal capacity, legal entity or organisational unit with legal capacity that concludes an agreement on the Newsletter service as:
- Consumer – a natural person concluding an agreement with regard to the Newsletter service for purposes not directly related to business or professional activity, or
- Entrepreneur – – natural person, legal entity or organisational unit without legal personality, to which specific provisions grant legal capacity, conducting economic or professional activity in its own name, or
- Entrepreneur on the rights of a consumer – – natural person conducting sole proprietorship, registered in the Central Register of Business Activity and Information (CEIDG), concluding an agreement directly related to his business activity, when the content of the agreement indicates that it is not of a professional nature for them, resulting in particular from the subject matter of their business activity.
- The Newsletter shall be understood as information on the activity conducted by the Service Provider and industry information, including commercial information, in particular information on implementations, new solutions and invitations to industry meetings concerning the Service Provider, sent periodically by e-mail to the e-mail address provided by the User.
The frequency of sending the Newsletter is subject to the will of the Service Provider.
- The Newsletter service is provided free of charge for an indefinite period of time via the Service Provider’s website milborpmc.pl(hereinafter referred to as the Website), in accordance with the Terms and Conditions.
- The Terms and Conditions are published on the Website and shall enable each User of the Website to become familiar with its content also prior to using the Newsletter service and to record it in any form selected by the User.
- All copyrights to the content made available to the User within the Newsletter service shall be vested in the Service Provider.
- It shall be prohibited for the User to provide content of unlawful nature, in particular content which infringes personal data of others or violates good customs and rules of social coexistence.
- The Service Provider informs that in connection with the use of the service provided electronically and the use of the Internet, there are potential risks associated with the use of the following against the User: malware, cryptanalysis of spam, spyware or other tools resulting in the extraction of confidential personal information. For the security of the use of the Internet, the Provider recommends that the Users use up-to-date anti-virus software or other firewalls to prevent unintentional transmission of data.
§ 2 Start and end of the Newsletter service
- In order to use the Newsletter service the following technical requirements must be met:
- possession by the User of a device providing access to the Internet and a configured web browser,
- having access to e-mail and an active e-mail address.
- In order to activate the Newsletter service, please complete the following:
- enter the Website;
- provide an e-mail address in the field of the form for subscribing to the Newsletter service;
- tick the box with the statement of consent to receive the Newsletter;
- press the Newsletter sign-up button;
- confirm of subscription to the newsletter by clicking on the link received to the e-mail address indicated in the body of the form.
- By performing the actions referred to in § 2 point 2 of these Terms and Conditions the User agrees to the sending of commercial information by electronic means to the e-mail address provided by the User in accordance with these Terms and Conditions. As a consequence, the User’s data shall be added to the Newsletter mailing list and upon the conclusion of the action referred to in § 2.2.5 of these Terms and Conditions an agreement for using the Newsletter service shall be concluded.
- In order to terminate the Newsletter service the User may:
- click on the link enabling termination of the Newsletter service contained in each message sent to the User within the service or
- submit a declaration via e-mail or the contact form on the Website.
- Performance of actions specified in § 2.4 of the Terms and Conditions shall result in immediate termination of the Newsletter service agreement.
- The Service Provider reserves the right to discontinue the Newsletter service at any time, of which it shall inform the User.
- The Newsletter service may also be terminated at the initiative of the Service Provider in the event of non-compliance by the User with the obligations under the Terms and Conditions.
- Notwithstanding the above provisions, pursuant to the Act of 30 May 2014 (Journal of
Laws of 2020 item 287 as amended) The User who is a Consumer or an Entrepreneur on the rights of a Consumer may withdraw from the Newsletter delivery agreement without providing any reason, within 14 (fourteen) days from the date of its conclusion.
In order to exercise the aforementioned right, the User may perform the actions indicated in § 2.4 of the Terms and Conditions. The withdrawal declaration may be submitted in writing or sent to an e-mail address as indicated in § 3.1 of the Terms and Conditions, also using the form below:
Addressee [Provider’s name, postal address and e-mail address].
I hereby give notice of my withdrawal from the service agreement for the provision of the Newsletter
Date of conclusion of the agreement: XXX
E-mail address: XXX
Signature of the user (only if the form is sent in hard copy)
- If the right of withdrawal is exercised, § 2.5 of the Terms and Conditions shall apply accordingly.
§ 3 Complaints
- The User shall be entitled at any time to lodge complaints regarding the irregular manner in which the Service Provider is providing the services:
- in electronic form using the e-mail address indicated in § 1.1 of the Terms and Conditions;
- in writing to the address indicated in § 1.1 of the Terms and Conditions.
- The complaint should include:
- description of the problem;
- data enabling the identification of the person making the complaint and contact data (at least an e-mail address).
- If the data of the complainant need to be supplemented, the Service Provider will ask the complainant – if possible given the incompleteness of the data – to supplement them.
- The Service Provider may also ask the applicant to supplement the complaint with other information necessary for its consideration, e.g. regarding the detailed course of the event to which the complaint relates.
- If a complaint is addressed to the Service Provider in which it is not possible to identify the person from whom it originates and the complaint is not supplemented in accordance with the Service Provider’s request, such a complaint shall be left without consideration.
- The Service Provider shall consider complaints within 14 days of receiving a correctly submitted complaint, i.e. including all data and information necessary for consideration. In the event that the User lodging the complaint needs to supplement the data, the time limit indicated in the preceding sentence runs anew from the moment all the required information is supplemented.
- The Service Provider shall immediately notify the User of the decision on the complaint by e-mail to the e-mail address provided in the application or by registered letter to the address indicated in the complaint.
§ 4 Personal data and cookies
§ 5 Out-of-court settlement of consumer disputes
- The User who is a Consumer shall have the possibility to make use of out-of-court ways of handling complaints and pursuing claims, i.e.:
- a permanent consumer arbitration court to which the User may apply to resolve the case;
- the district (city) consumer ombudsman and social organisations whose statutory tasks include consumer protection;
- the Provincial Inspector of Commercial Inspection, to whom a request for the initiation of proceedings for the amicable settlement of a dispute may be submitted;
- the Office of Competition and Consumer Protection
For more information on the means of out-of-court dispute resolution, as well as access to and description of procedures related thereto, please visit the websites of the aforementioned entities.
- It is also possible for the User to use the platform dedicated to online dispute resolution (ODR) available at: https://ec.europa.eu/consumers/odr/.
§ 6 Amendments to the Terms and Conditions
- Amendments to the Terms and Conditions may be made if the following conditions are met.
- The Terms and Conditions may be amended for important reasons, which are understood as:
- the necessity to adapt the Terms and Conditions to legal regulations directly affecting these Terms and Conditions and resulting in the necessity to modify the Terms and Conditions in order to comply with the law;
- change of technical conditions of Newsletter service provision;
- necessity to adjust the Terms and Conditions to recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorised public authorities;
- change of contact details, names, identification numbers, electronic addresses or links included in the Terms and Conditions;
- to prevent abuse;
- improvement of User service.
- The new version of the Terms and Conditions shall be published on the Website and sent to the Users at least 7 days prior to their planned entry into force.
- If the User does not agree with the changes resulting from the content of the new version of the Terms and Conditions, the User shall have the possibility to terminate the Newsletter service pursuant to § 2.4 of the Terms and Conditions prior to the effective date of the new version of the Terms and Conditions.
- The new version of the Terms and Conditions shall enter into force as of the date indicated in its content, however not earlier than before the deadline specified in § 5.3 of the Terms and Conditions.
§ 7 Final provisions
- These Terms and Conditions shall be governed by the laws of Poland.
- These Terms and Conditions shall enter into force as of the date of their publication on the Website.