TERMS AND CONDITIONS OF ELECTRONIC SERVICES
TERMS OF SERVICE FOR ELECTRONICALLY PROVIDED SERVICES ("TERMS OF SERVICE")
General Provisions
§ 1
1. These terms constitute the terms of service within the meaning of Article 8 of the Act of July 18, 2002, on the provision of services by electronic means in connection with the provision of electronic services described in these Terms.
2. The Terms specify the type and scope of services provided electronically by the service provider, the conditions of their provision and the rules for concluding and terminating distance contracts for the provision of services, as well as the complaint procedure.
Definitions
§2
1. Email address – an electronic mail address used by the service recipient.
2. Cookies – information in the form of small text files stored on electronic communication devices by the server. They allow the server to read the information each time the device connects. Details about the operation of cookies can be found in our privacy policy.
3. Telecommunications Law – the Act of July 16, 2004, Telecommunications Law.
4. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, p. 1, as amended OJ L 127, 23.05.2018, p. 2).
5. Website – the website managed by Tremonti sp. z o.o. with its registered office in Warsaw at ul. Wioślarska 8, 00-411 Warsaw.
6. Agreement – an agreement for the provision of electronic services concluded automatically between the service provider and the service recipient under the terms set out in these Terms, at the moment of using the Service.
7. Services – free services provided without the simultaneous presence of the parties (at a distance), by transferring data at the individual request of the service recipient, transmitted and received via devices for electronic data processing, including digital compression, and storage of data, which are wholly sent, received or transmitted by means of a telecommunications network. These include in particular:
a) an electronic form allowing the Service Recipient to send a question (contact form),
b) an electronic form allowing the Service Recipient to provide an e-mail address for commercial information purposes (newsletter form),
c) an electronic form allowing the Service Recipient to order a service, make a reservation (reservation form).
8. Service Recipient – a natural person using the service provided electronically, under the terms and conditions set out in the Terms.
9. Service Provider – the entity providing electronic services, namely Tremonti sp. z o.o. with its registered office in Warsaw at ul. Wioślarska 8, 00-411 Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under number KRS 0000751396, share capital PLN 5,000.00, holding REGON 381466387, NIP 7010871131. 10. UŚUDE – the Act of July 18, 2002, on the provision of services by electronic means.
Services
§ 3
1. The Service Provider provides the Services for an indefinite period using a telecommunications system.
2. A contract is concluded by completing the electronic form referred to in § 2 par. 7 and sending it to the Service Provider.
3. Ordering Services by the Service Recipient is equivalent to acceptance of the Terms by them.
4. The Service Recipient may use the Services provided that they meet the technical requirements specified in § 4 of the Terms.
Technical requirements for using the Services
§ 4
1. Use of the Services is possible provided that the IT system used by the Service Recipient meets the following minimum technical requirements:
a) device transmitting IT data;
b) access to the Internet;
c) e-mail address;
d) current version of an internet browser Chrome™, Firefox™, Internet Explorer™, Opera™ or Safari™ with Java Script enabled.
2. The Service Provider shall not be liable for technical problems or limitations of the Service Recipient, which prevent the Service Recipient from using the Services.
Withdrawal from the contract
§ 5
1. The Service Recipient has the right to withdraw from the Agreement at any time without giving any reason.
2. To exercise the right of withdrawal from the Agreement, the Service Recipient should inform the Service Provider of their decision to withdraw from the Agreement by an unequivocal statement via any communication channel.
3. The Service Provider has the right to terminate the contract with a seven-day notice period for important reasons, which include:
a) changes in legal regulations governing the provision of Services affecting the mutual rights and obligations under the Agreement or changes in the interpretation of said legal regulations due to court rulings, decisions, recommendations, or guidelines of competent authorities;
b) changes in the way Services are provided due to technical or technological reasons, particularly updates to the technical requirements set out in the Terms;
c) changes in the scope or manner of provision of Services, including introduction of new functions, modification or withdrawal of existing features or Services by the Service Provider.
4. The Service Provider has the right to immediately terminate the contract or refuse to provide Services in case of gross breach of the Terms by the service recipient, i.e., when the Service Recipient violates:
a) § 6 sec. 3 of the Terms;
b) § 6 sec. 4 of the Terms.
Rights and obligations of the parties
§ 6
1. The Service Provider is not responsible for interruptions in the provision of Services or lack of access to the Services due to reasons beyond the Service Provider’s control.
2. The Service Recipient has the right to submit complaints in accordance with the provisions of § 7 of the Terms.
3. The Service Recipient undertakes to use the Services lawfully, including specifically not providing content that is unlawful. The Service Recipient must respect the rights of the Service Provider and third parties, including intellectual property rights.
4. The Service Recipient is obliged to:
a) not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory or infringing personal rights and other rights of third parties;
b) use the Services in a manner that does not disrupt their functioning, especially through the use of specific software or devices;
c) use the Services in accordance with the laws applicable in the territory of the Republic of Poland, the provisions of the Terms, and the general rules of Internet use.
Complaints
§ 7
1. The Service Provider undertakes actions to ensure fully proper provision of Services to the extent resulting from current technical knowledge and commits to resolve all technical irregularities reported by Service Recipients within a reasonable time.
2. Irregularities related to the provision of Services should be reported via any communication channel to the Service Provider.
3. We recommend that the Service Recipient include information in the complaint that may facilitate and speed up the complaint review process, such as contact details of the Service Recipient, details of the subject of the complaint (including the date the irregularity occurred) and the Service Recipient’s request related to the complaint. The Service Provider will reply to the Service Recipient’s complaint promptly, no later than 30 days from the date of receipt.
Final provisions
§ 8
1. The Service Provider reserves the right to make changes to the Terms for important reasons. Important reasons mean:
a) the requirement to adjust the provisions of the Terms to applicable legal regulations or decisions of authorized public authorities governing the provision of electronic services by the Service Provider affecting mutual rights and obligations under the Agreement;
b) changes in the interpretation of generally applicable law (affecting the content of the Terms) resulting from court rulings, decisions, recommendations or guidelines of competent authorities;
c) improvement of Customer service;
d) expansion or change of the Website functionality;
e) introduction of new Services;
f) changes in the technical or technological conditions of providing the Services (including updating the technical requirements set out in these Terms);
g) the necessity to correct errors or typographical mistakes in the Terms;
h) change of data of the Service Provider (e.g., contact details, names, electronic addresses or update of links contained in the Terms);
i) change in the scope or manner of providing the Services;
j) withdrawal by the Service Provider of current functionalities or Services.
2. Changes to the Terms shall take effect 14 days after notification of the change. In case of a change in the Terms for important reasons relating to continuous services, the Service Provider shall notify the Service Recipient by e-mail, who may terminate the agreement with the Service Provider within 14 days from the date of notification.
3. Upon making changes to the Terms, the Service Provider shall inform the Service Recipient and make the text of the Terms available by publishing it on the Website and by sending a message to the e-mail address provided by the Service Recipient during registration. The change shall take effect 14 days after sending the information about the change. The Service Recipient has the right to terminate the Agreement within 14 days from notification of the Terms change.
4. The exclusive rights to all content, including works within the meaning of the Act on Copyright and Related Rights of February 4, 1994, made available by the Service Provider, in particular copyrights, belong to the Service Provider or entities with which the Service Provider has concluded appropriate agreements. The Service Recipient is entitled to use the above content free of charge only for personal use and solely to properly use the Services. Using the above content beyond this scope is only permitted based on a clear, prior consent granted by the entitled entity in writing under pain of nullity.