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TERMS AND CONDITIONS OF THE WEBSITE THEWIDLARZGROUP.COM
1. GENERAL PROVISIONS
In the first part of the Terms and Conditions you will find information how to contact us most easily and full details about the TWG. We also present definitions of the most important terms used in our regulations.
1.1. The Website is available at: thewidlarzgroup.com and its extensions.
1.2. The Website is operated by The Widlarz Group sp. z o.o., with a registered office in Krakow, ul. Szlak 77/222, 31-153 Krakow, entered into register of entrepreneurs of the National Court Register by District Court Krakow-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS no.: 0000948896, Tax Id. No. (NIP): 6762610444, Industry Id. No. (REGON): 521042593, represented by: Bartłomiej Widlarz (hereinafter: Owner).
1.3. Contact with the Website is possible:
a. at e-mail: hi@thewidlarzgroup.com;
b. in a traditional way by mail:: The Widlarz Group Sp. z o.o., 77/222 Szlak Street, 31-153 Krakow, Poland;
c. with the use of chat available on the Website;
d. via the contact form available on the Website.
1.4. Acceptance of the Terms and Conditions is voluntary, but necessary in order to use selected features of the Website.
1.5. The Regulations are made available free of charge on the Website in a way that allows Users:
a. familiarization with its contents,
b. fixing its content in by printing it yourself or saving it to an external medium, such as downloading it as a PDF,
c. familiarize yourself with its current version, as well as previous versions.
1.6. DEFINITIONS. Whenever the following capitalized phrases are used in the following section of the Terms and Conditions, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:
a. CONSUMER - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity, within the meaning of Article 22(1) of the Polish Civil Code of April 23, 1964.
b. CONTENT- textual, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Polish Act on Copyright and Related Rights and images of natural persons, which are posted and distributed within the Website by the Owner, the Owner's contractors or any other person using the Website, respectively.
c. CUSTOMER - A user who is: (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity, who enters into an agreement with the Owner for the provision of services by electronic means.
d. DIGITAL CONTENT - Digital content is data produced and delivered in digital form (e.g., an e-book), which can be purchased by subscribing to Newsletter.
e. ELECTRONIC SERVICE - provision of services by electronic means, as defined in the Polish Act of July 18, 2002 on the provision of electronic services, by the Owner to the User via the Website, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Owner, the relevant provisions concerning the rules of use of such services are contained in the rules and regulations governing the provision of services by such entities.
f. INTERNET SERVICE - the Internet service operated by the Owner in the Polish language at www.thewidlarzgroup.com and its extensions.
g. NEWSLETTER - Electronic Service, which allows all subscribed persons to receive periodic information about the Website, in particular about current activities, marketing actions and Promotional Actions, to the e-mail address provided by the User, with his express consent. If you receive Digital Content in exchange for signing up for the Newsletter then look here .
h. OFFICE - the TWG office which provides information on the activities of the Internet Service.
i. QUASI - CONSUMER - a User who is a natural person who enters into a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information of Business Activity.
j. SERVICE AGREEMENT - an agreement for the provision of an Electronic Service. The Agreement is concluded between the User and the Owner using means of remote communication under the terms of these Regulations.
k. TERMS AND CONDITIONS - this document determining, among other things, the rules of using the Website and the rules of providing and using the services made available by the Owner through it to the Users. The Terms and Conditions define the rights and obligations of the User as well as the Owner.
l. USER - any natural person viewing Content on the Website or using Electronic Services through the Website.
2. RULES OF USE OF THE WEBSITE
In the second section we explain what minimum technical requirements you must meet in order to use its functionality without problems.
2.1. The minimum technical requirements of the User's device for full and correct use of the Website:
a. a device with access to the Internet;
b. the latest version of the web browser;
c. active e-mail account (e-mail address) in order to send messages via the contact form and sign up for the Newsletter.
2.2. The Owner does not guarantee that the use of the Website will be without errors or technical interruptions. The Owner reserves the right to suspend or restrict access to the Website at any time, without prior notice to Users. The Owner will strive to restore the operation of the Website without delay.
2.3. The Owner is not responsible for the content and contents of other services and portals to which the User may be redirected using links provided on the Website.
2.4. In particular, the user is obliged to:
a. to provide only true, current and all necessary data in the forms made available on the Website;
b. use the services and functionalities provided by the Website in a manner that does not interfere with its operation;
c. use of services and functionalities made available by the Website in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given scope;
d. use the services and functionalities provided by the Website in a manner that is not burdensome to other Users;
e. not to provide or transmit on the Website any Content forbidden by the provisions of the applicable law, in particular Content that violates third parties' property copyrights or their personal rights;
f. not taking actions such as:
- sending or posting Content within the Website that violates the law (prohibition of posting unlawful content);
- undertaking computer activities or any other activities aimed at coming into possession of information not intended for the User, including data of other Users or interfering with the rules or technical aspects of the functioning of the Website;
- modify the Content in an unauthorized manner, in particular the descriptions of services and scope of activities provided within the Website.
3. ELECTRONIC SERVICES ON THE WEBSITE
In the third part we present our electronic services and complaint methods.
3.1. The Seller provides the following Electronic Services to individuals via the Online Store:
a. presenting content to users, tailored to their interests, including marketing content;
b. contact form;
c. chat;
d. newsletter.
Newsletter
3.2. The Newsletter service consists of receiving by Users subscribed to it (Service Recipients), who have provided the Owner (Service Provider) with their e-mail address, electronically, including by means of automatic calling systems, commercial information on products and services of the Owner and the Owner's partners, including, in particular, information on their current offerings, projects, and marketing actions (e-mail marketing).
3.3. A detailed description of the Newsletter can be found in the document "Newsletter Regulations".
Complaints about Electronic Services
3.4. Complaints related to the provision of Electronic Services can be submitted in any form. It is recommended to use the means of communication indicated in Section 1.3 of the Regulations.
3.5. A sample complaint form is available under the body of the Regulations.
3.6. The Owner shall respond to the complaint immediately, no later than 14 days from the date of its submission.
4. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
We conclude that in case of a difference of opinion with the User, it is worth talking and seeking a mutual agreement on an amicable basis. See how we can resolve the dispute.
4.1. The use of out-of-court ways to resolve complaints and claims is voluntary. The following provisions are for informational purposes and do not constitute an obligation on the part of the Owner to use out-of-court dispute resolution. The Owner's statement of consent or refusal to participate in the out-of-court dispute resolution procedure shall be submitted by the Owner on paper or other durable medium in the event that the dispute has not been resolved following a complaint.
4.2. The rules for conducting procedures for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including, in particular, the Act of September 23, 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a User who is a Consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures, may be available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following web address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings for out-of-court settlement of consumer disputes.
4.3. The user who is a consumer has the following examples of out-of-court means of complaint handling and redress:
a. The user shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Polish Act of December 15, 2000 on Trade Inspection to resolve the dispute.
b. The User may obtain free assistance in resolving a dispute between the User and the Owner, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
c. At http://ec.europa.eu/consumers/odr, the European Commission provides a platform̨ for resolving consumer disputes online. The owner does not currently participate in this voluntary alternative dispute resolution procedure.
5. INTELLECTUAL PROPERTY RIGHTS
In this section, we indicate what intellectual property rights we protect on our website and what rules you must follow.
5.1. All rights to the Website, in particular, property copyrights, intellectual property rights to its name, Internet domain, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Owner belong to the Owner, and use may be made only in accordance with the Regulations.
5.2. It is prohibited to copy, reproduce, modify, reproduce or distribute any part of the Website, the Service or its elements without the prior written consent of the Owner, except as expressly permitted by the provisions of applicable law and these Terms of Use. The Owner may take steps, including through litigation, to protect its own interests and those of the Users of the Website.
5.3. The rights to use, copy and distribute data available on the site are subject to the provisions of the Polish Law on Copyright and Related Rights.
5.4. The use of the Website data for commercial purposes may take place after notifying the Owner and obtaining his written consent.
6. OPINIONS POSTED ON THE WEBSITE
6.1. All opinions about our services posted on the Website are verified. The owner obtains opinions only from people who have actually used his services.
6.2. A customer working with the Owner may be asked to voluntarily add an opinion about her.
6.3. An opinion on a service can be added by the customer through the feedback form included in the Owner's email or by including the opinion in the form of an email message.
6.4. By completing the feedback form, the User agrees to publish the subjective content contained therein about the service or the Owner, and to provide personal information to the extent necessary for the posting of opinions.
6.5. Opinions posted on the Website are not sponsored in any way, and their content does not affect the terms of future contracts with the Owner.
6.6. The Website posts only positive opinions, as long as their content does not violate the provisions of the Regulations or the provisions of applicable law.
6.7. Opinions posted on the Website are subject to verification that they are made by customers who have actually used the services provided by the Owner. The request for an opinion is addressed only to the Owner's contractors.
7. PERSONAL DATA PROTECTION
Check out how we take care of your personal information.
7.1. The principles of personal data protection are defined in the document "Privacy Policy".
8. FINAL PROVISIONS
8.1. Regulations version 1.0. comes into force as of 1st August 2024 r.
8.2. The regulations are available in Polish.
8.3. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.
8.4. Unless otherwise provided by mandatory provisions of law, the applicable law for the resolution of all disputes arising under these Regulations shall be Polish law.
8.5. In the event that the mandatory laws of the User's country of habitual residence provide more favorable conditions for the User than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the User's country of habitual residence shall apply.
8.6. The content of these Regulations may be subject to change in a situation where the Owner modifies the manner or scope of its business activities or as a result of legal changes resulting in the need to adapt the Regulations to generally applicable law. The Website will inform Users of any changes by posting information on the Website's page or in the form of an email message. Each person who receives the aforementioned message will be able to submit a statement of termination of contracts for the provision of electronic services (within no more than 14 days from the date of receipt of the message) implemented on the basis of these Regulations.
