Terms & Conditions

These terms and conditions are the terms and conditions of use of electronic services required by the law and they set forth the general terms of use of the website available at www.fkpscorpio.pl, owned and administered by the company trading as FPK Scorpio Poland Spółka z ograniczoną odpowiedzialnością based in Warsaw.

I.DEFINITIONS

1) Terms and Conditions – these terms and conditions which govern the provision of Services, including the use of the Website, and set out the rights and obligations of Users and Service Provider;

2) Website – the website available at www.fkpscorpio.pl;

3) Service Provider – FPK Scorpio Poland Spółka z ograniczoną odpowiedzialnością based in Warsaw, ul. Koszykowa 61, 00-667 Warszawa, recorded in the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS no.: 0000788489, share capital: PLN 200,000.00, NIP (taxpayer ID no.): 7010929037, REGON (statistical ID no.): 383531203; the Service Provider acts as a party to the Services agreement and administrator of the Website;

4) User – a user of the Website, including the Services available on the Website;

5) Consumer – a natural person who uses the Services for purposes not directly associated with its business or professional activity;

6) Newsletter – a Service that involves sending information about the Service Provider and its business, including commercial information within the meaning of the Act of 18 July 2002 on rendering electronic services (Journal of Laws of 2002 no. 144, item 1204, as amended), to Users by electronic transmission;

7) Services – electronic services specified in Section III of the Terms and Conditions performed without simultaneous presence of both parties (long-distance service) by transmitting data at the individual request of User, sent and received through the use of electronic data processing devices, including digital compression and storage of data sent, received or transmitted via a telecommunications network within the meaning of the Telecommunications Act of 16 July 2004 (Journal of Laws of 2004 no. 171, item 1800, as amended);

8) Communication Channel – any channel intended to facilitate remote communication between the Service Provider and the User available on the Website and specified in Section II Clause 4 of these Terms and Conditions;

9) IT System – technical and computer infrastructure and software that transmit data to ensure proper operation of the Website.

II. GENERAL PROVISIONS

1. These Terms and Conditions have been executed in Polish and they constitute a model Services agreement, which is a distance contract, i.e. contract executed without simultaneous presence of both parties. These Terms and Conditions comply with generally applicable regulations of Polish law.

2. These Terms and Conditions form an integral part of Services agreements made between the Service Provider and Users. By using the Services referred to in these Terms and Conditions, you accept these Terms and Conditions and enter into a Services agreement without the need for execution of a separate written agreement.

3. Issues not provided for in these Terms and Conditions shall be governed by applicable regulations of Polish law, including but not limited to the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964 no. 16, item 93, as amended), Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, 827, as amended), Act of 18 July 2002 on rendering electronic services (Journal of Laws of 2002 no. 144, item 1204, as amended), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

4. The User may contact the Service Provider to send a message, request, complaint, notice or make arrangements through the following Communication Channels:

a) in writing at: FPK Scorpio Poland Spółka z ograniczoną odpowiedzialnością z siedzibą w Warszawie, ul. Koszykowa 61, 00-667 Warszawa;

b) by email at: office@fkpscorpio.pl, for complaints: reklamacje@fkpscorpio.pl.

Up-to-date information about Communication Channels is available on the Website in the Contact section. By contacting the Service Provider the User incurs costs on the basis of contracts made between the User and third parties charged for the use of particular means of remote communication. The Service Provider shall not charge any additional fees for the option to contact it.

5. All rights to the Website and the content of the Website, including intellectual property rights to the name, domain, website and interests in the content, designs, forms and logotypes placed on the Website vest in the Service Provider. Third parties may use such rights and interests in accordance with these Terms and Conditions or based on a separate permission of the Service Provider, to be given in writing.

6. These Terms and Conditions are not intended to exclude or limit any rights of the User who is a Consumer held by that User pursuant to mandatory regulations of law.

7. In the event of a dispute between the Consumer and Service Provider, the Consumer may request amicable resolution of the dispute as follows:

a) resolution by a permanent court for consumer disputes;

b) resolution through mediation;

c) resolution by a voivodeship inspector of the Commercial Inspection;

d) free assistance in dispute resolution provided by the Consumer Federation, which can be obtained by calling the toll-free number: 801 440 220.

III. SERVICES

1. The Service Provider provides the following Services through the Website:

a) access to contents available on the Website;

b) Newsletter.

2. The Service Provider provides the Services free of charge. The Service Provider shall perform the Services with due care. The Services shall be available 7 (seven) days a week, 24 (twenty-four) hours a day.

3. The access to contents available on the Website shall be provided upon the User enters the Website and the User shall not be required to register or create an account to be provided with it. The Services agreement that governs the provision of access to contents available on the Website is made for a fixed term and it shall terminate when the User leaves the Website.

4. In order to use the Newsletter service the User must provide his/her first name and surname and email address in a designated box on the Website, click the “Subscribe” button and give his/her consent to receive the newsletter by ticking appropriate checkboxes. Once the User gives his/her consent and submits the completed registration form, he/she will immediately receive a confirmation of receipt of User’s consent and registration form at the provided email address. At that moment the User enters into a Newsletter Service agreement.

5. The Newsletter Service agreement is made for perpetual duration.

6. The User may terminate the Newsletter Service agreement at any time with immediate effect and without stating the reasons therefor by submitting a notice to that effect through the Communication Channels or unsubscribing from the Newsletter via the link provided in each email sent as part of the Newsletter Service.

7. The Service Provider may terminate the Newsletter Service agreement if the User breaches any material provisions of these Terms and Conditions, in particular, if the User uploads any content of illegal nature. Termination for the above-mentioned reasons may occur after the User is given a notice to cease and desist from the breach and given a reasonable time to comply therewith, without effect. In such a situation the Services agreement shall terminate after the elapse of 7 (seven) days from the submission of a notice of termination by the Service Provider.

8. The Service Provider and the User may terminate the Services agreement at any time by mutual agreement.

9. The termination of the Services agreement made for perpetual duration by the Service Provider or the User shall not prejudice any of the rights or interests acquired by the parties during the term of that agreement.

10. The Service Provider may deny the User access to the Services if the User acts against the interests of the Service Provider or other Users, breaches the law or these Terms and Conditions or if the same is necessary for safety reasons, in particular, if the User hacks the security features of the Website or engages in other hacking activities. The access to the Services will be denied for as long as the reason for it remains in existence. The Service Provider shall notify the User about denying him/her access to the Services by email.

11. In order to use the Services Users should meet the following minimum technical requirements: access to an electronic device, e.g. computer, laptop, smartphone etc. with an Internet connection, access to email, web browser: Internet Explorer 7.0 or later, with enabled JavaScript and cookies, Mozilla Firefox 4.0 or later with enabled JavaScript and cookies or Google Chrome 8 or later. Recommended display resolution: 1024x768 pixels. In order to use the Services each User must have an active email account.

12. The User shall use the Services in accordance with the law and the principles of good conduct and he/she shall respect personal interests and intellectual property rights of third parties. The User may not upload any content of illegal nature. Any use of the Services in an unlawful manner that interferes with the operation of the Website, e.g. use of particular software or equipment and distribution or placement on the Website of any content without the knowledge and permission of the Service Provider, shall be prohibited.

13. The Service Provider acknowledges that the use of the Internet and the Services may entail a risk of unauthorised access and modification of Users’ data. The Users should therefore take appropriate technical measures to minimise the above risk. In particular, they are advised to use anti-malware and identity theft protection software. The Service Provider will not approach the User to request any data or information, in any form, except as explicitly stated in these Terms and Conditions. The Service Provider acknowledges that the use of electronic services entails risks, including but not limited to:

a) receiving spam, i.e. unwanted advertising (commercial) information distributed by electronic transmission;

b) potential contact with malicious software (malware, worms) that replicates itself in a network,

c) potential hacking of security features to gain access to Users’ personal data and other information about the Users, including identity theft through distribution of deceptive emails that purport to be legitimate,

d) potential detection of a weakness of the encryption system and the associated risk of breaking or circumventing it and obtaining personal and confidential information that allow for identity theft,

e) potential phishing, i.e. distribution of deceptive emails that purport to be legitimate in order to obtain personal and confidential information about the User,

f) unauthorised access to data by third parties,

g) application code error that results in distortion or destruction of personal data,

h) interception of data during transmission which may occur in the case of distributed processing through the Internet,

i) interception of data from an app that allows access to data on a workstation used for personal data processing by specialised spyware and unlawful transmission of such data outside of the location where the data is processed,

j) damage or distortion of personal data caused by a computer virus that interferes with the operation of an app that allows access to data on a workstation used for personal data processing.

14. In the event of any failure or technical malfunctions the access to the Website or some of its functions may be suspended until such time as is required for the Service Provider to remove them. The Service Provider undertakes to promptly take action to restore all the functions of the Website.

15. In the case of any required modification or update of the Website, the Service Provider reserves the right to suspend the access to the Website or some of its functions for a maintenance break. When possible, such maintenance breaks shall be scheduled for night hours or weekends.

IV. WITHDRAWAL FROM SERVICES AGREEMENT

Pursuant to Article 38 Clause 1) and 13) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, 827, as amended), Consumer may not withdraw from the Services agreement.

V. PERSONAL DATA

1. Users’ personal data will be subject to processing in accordance with a separate privacy policy available here.

2. The privacy policy sets forth the terms of use of cookie files.

VI. COMPLAINTS

1. Without prejudice to any rights of Consumers with regard to making and pursing claims, defined in generally applicable regulations of law, any complaints about the Services may be submitted to the Service Provider.

2. Complaints shall be submitted through Communication Channels. For easier identification of the sender of a complaint and the subject of complaint, each complaint should specify first name, surname and address of the sender and contain a detailed description of the reasons for the complaint and statement of claims.

3. The Service Provider undertakes to respond to each complaint within 14 (fourteen) days from the receipt thereof. The Service Provider shall respond at the email address provided by the sender of complaint or otherwise as agreed. If any Consumer submits a complaint and the Service Provider fails to respond within the above-prescribed time limit, the complaint of the Consumer shall be deemed to have been found reasonable by the Service Provider. The Service Provider’s response to Consumer’s complaint shall be made in a paper format or on other durable medium.

4. If any User or third party claims that the content published on the Websites violates his/her rights, personal interests, principles of good conduct, feelings, beliefs, fair competition practices, know-how, legally protected secret or confidentiality obligation, they may report the alleged violation to the Service Provider in accordance with the provisions of Section VI below. Upon receipt of the report referred to in Clause 1 above, the Service Provider shall investigate it and if it is established that the allegations are true, it shall promptly take action to remove the content concerned from the Website.

VII. FINAL PROVISIONS

1. These Terms and Conditions available in the Terms and Conditions section on the Website can be downloaded, saved, copied and printed at any time.

2. These Terms and Conditions may be modified upon prior notice to Users by announcing the anticipated changes on the Website at least 14 (fourteen) days before they take effect.

3. Any disputes arising between the Service Provider and Consumer shall be resolved by a competent common court in accordance with the provisions of the Act of 17 November 1964 - Code of Civil Procedure (Journal of Laws of 1964 no. 43, item 296, as amended).

4. Any disputes arising between the Service Provider and User who is not a Consumer shall be resolved by a common court of appropriate jurisdiction to the Service Provider.

5. These Terms and Conditions shall come into force on 16 September 2019.