Terms & Conditions Website
These terms and conditions concern providing e-commerce services and they set out, in particular, conditions for using a website accessible under the address: www.fkpscorpio.pl, whose owner and administrator is FKP Scorpio Poland spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw.
1. Terms and Conditions – these terms and conditions setting out regulations for providing the Services, including the use of the Website, and providing information on rights and obligations of the Users and the Service Provider;
2. Website – the website accessible under the address www.fkpscorpio.pl;
3. Service Provider– FKP Scorpio Poland Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Koszykowa 61, 00-667 Warsaw, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12thCommercial Division of the National Court Register under number KRS 0000788489, share capital: PLN 200,000.00, tax identification number (NIP) 7010929037, statistical number (REGON) 383531203; the Service Provider is also a party to an agreement for providing the Services and the Website administrator;
4. User – any entity or individual using the Website, including the Services available within the Website;
5. Consumer – a natural person using the Services for the purposes not related directly with its commercial or professional activity;
6. Newsletter – a Service comprising the sending to the Users, by means of e-mail, of information concerning the Service Provider and the activities conducted by the Service Provider, including the information that may constitute commercial information within the meaning of the Act of 18 July 2092 on electronic provision of services (Journal of Laws No. 2002.144.1204 as amended);
7. Services – electronically provided services, as set out in title III of the Terms and Conditions, without the simultaneous presence of the parties (remotely), through the data transfer at the User’s individual request, sent and received by the devices for electronic processing, including digital compression, and storing data, which is entirely broadcasted, received or transmitted through telecommunication network within the meaning of the act of 16 July 2004 – telecommunication law (Journal of Laws No. 2004.171.1800 as amended);
8. Channels of Communication – channels accessible on the website, used for the distance communication between the Service Provider and the User, as set out in title II of the Terms and Conditions;
9. IT System – technical and IT structure and software enabling data transmission in order to enable proper functioning of the Website.
1. The Terms and Conditions are made in Polish and they constitute a standard agreement for providing the Services, being a distance contract, i.e. without a simultaneous presence of the parties. The Terms and Conditions were made in accordance with generally binding provisions of Polish law.
2. TheTerms and Conditionsare an integral part of agreements for providing Services concluded by the Service Provider with the User. The commencement of using the Services regulated hereunder is equivalent to the full acceptance of the provisions hereof and with the execution of an agreement for providing these Services, without a necessity to make a separate agreement in writing.
3. In matters not covered bythese Terms and Conditions, appropriate provisions prevailing at the territory of the Republic of Poland are applicable, and in particular: the Act of 23 April 1964 – Civil Code (Journal of Law 1964.16.93 as amended), the Act of 30 May 2014 on consumer rights (Journal of Law 2014.827 as amended), the Act of 18 July 2002 on electronically supplied services (Journal of Law.2004.144.1204 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, including by means of sending messages, submitting queries, lodging complaints, submitting statements or making other arrangements through the following Channels of Communication:
a) in writing, at the address: FKP Scorpio Poland Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Koszykowa 61, 00-667 Warsaw;
Current data concerning the Channels of Communication is also available at the Website, under the tab “Contact”. The User incurs all costs of the Communication with the Service Provider that result from the agreements made by the User with third parties, for the possibility of using certain forms of distance communication. The Service Provider does not collect any additional charges or other benefits for the possibility of communicating with it.
5. All rights to the Website and its content, including the IP rights to the name, internet domain, website and rights to the content, templates, forms, logos placed on the Website belong to the Service Provider and any third parties may use them solely in a manner described in and being in accordance with the Terms and Conditionsor under the Service Provider’s separate consent made in writing.
6. Provisions hereof are not aimed at excluding or limiting any rights of the User, being a consumer, that such User has under the unconditionally binding provisions of law.
7. The Consumer, in the event of a dispute with the Service Provider, may settle the matter amicably through, inter alia:
a) submitting the matter to the permanent consumer court of conciliation;
c) submitting the matter to the voivodship inspector of the Trade Inspection;
d) obtaining a free of charge help in resolving the matter from the Federation of Consumers, by using a free of charge consumer hotline under number 801 440 220.
1. The Service Provider provides the following Services through the Website
a) an access to the content of the Website;
b) the Newsletter.
2. Providing Services by the Service Provider is free of charge. The Service Provider is obliged to provide the Services with due care. The Services are provided 7 (seven) days a week, 24 (twenty- four) hours a day.
3. The Service of the access to the Website content is provided from the moment in which the User enters the Website and it does neither involve a previous registration nor establishing an account. The agreement for providing the Services comprising the ensuring of the access to the Website content is made for a limited time and it is subject to an automatic termination when the User exits the Website.
4. The Newsletter Service is accessible to any User who enters their name and their e-mail address in the designated field on the Website and clicks “Subscribe” key, and then submits their consent required for receiving the newsletter, by marking the designated check-boxes. After having submitted the consents and sending the filled-out registration form, the User shall receive immediately, by e-mail, to the submitted e-mail address, the confirmation of receiving the consents and the registration form by the Service Provider. The agreement for providing the Newsletter Service is concluded as of that moment.
5. The agreement for providing the Newsletter Service is concluded for an unlimited time.
6. The User may terminate the agreement for providing the Newsletter Service with immediate effect at any time and without indicating reasons, by sending a respective statement through the Channels of Communication or by signing out from the subscription of the Newsletter through a link posted in each electronic message sent as part of the Newsletter Service.
7. The Service Provider may terminate the agreement for providing the Newsletter Service in the event that the User infringes a material provision of the Terms and Conditions and in particular if the User submits unlawful content. The termination referred to above is admissible after an ineffective one-time request for ceasing the infringement and providing a relevant cure period. The agreement for providing the Newsletter Service is terminated after the lapse of 7 (seven) days from the date on which the Service Provider has submitted its termination notice.
8. The Service Provider and the User may terminate the agreement for providing the Service at any time by a mutual arrangement.
9. Terminating of the agreement for providing the Service, concluded for an unlimited time, does not affect rights or benefits acquired by the parties when the agreement was in force
10. The Service Provider is entitled to block the User’s access to the Services if the User acts to the detriment of the Service Provider or of other Users, if the User infringes provisions of law or of the Terms and Conditions, and if the blocking of the access to the Services is justified by safety reasons – in particular: if the User breaks the Website security or undertakes other hacking activities. Blocking of the access to the Services shall be in force as long as necessary to resolve the matter being a reason for blocking the access. The Service Provider shall inform the User of the blocking of the access by e-mail.
12. The User is obliged to use the Services in a manner compliant with law and common decency, with a regard to personal rights and IP rights of third parties. The User is prohibited to submit unlawful content. It is prohibited to use the Services in a manner unlawfully disturbing the functioning of the Website, e.g. by using a certain software or devices and sending or posting on a Website of any content without the Services Provider’s knowledge and consent.
13. The Service Provider declares that the public nature of Internet and using of the Services may be connected with a risk of obtaining and modifying Users’ data by unauthorised persons, therefore the Users ought to apply relevant technical measures that will minimise the above risks. In particular they ought to use antivirus software and software protecting the identity of persons using the Internet. The Service Provider shall never request the User for disclosing any data or information in any form, save for the cases described directly in these Terms and Conditions. The Service Provider further informs that each use of electronically provided services may be connected with such risks as:
a) a possibility to receive spam, i.e. unrequested commercial (trade) information transferred electronically;
b) a possibility of the activity of a malicious software (malware software, bugs) in network environment, disseminated by code replication;
c) a possibility of breaking security in order to obtain personal data of the Users and other information disclosed by the Users, in particular for the purpose of identity theft, by sending false e-mails resembling authentic e-mails;
d) a possibility of finding a weakness of a cryptographic system and thus enabling its breaking or overpassing, therefore the possibility of obtaining personal and confidential data in order to steal identity;
e) a possibility of phishing by sending false e-mails resembling authentic e-mails in order to obtain personal and confidential data pertaining to the User;
f) unauthorised third-party access to the data;
g) damaging the code of an application enabling the access to the data in such manner that processed personal data will be corrupted or destroyed;
h) intercepting data during the transmission in the event of dispersed transmission of the data with the use of a generally available Internet network;
i) intercepting data from the application enabling the access to the working station used for processing personal data by specialised spyware and illegal sending of such data outside the place where it is processed;
j) damaging or corrupting personal data by computer virus disturbing the functioning of the application enabling the access to the data base on a working station used for processing personal data.
14. In the event of the occurrence of a failure, defect or technical errors there may be interruptions in the access to the Website or a part of its functionality, until they are removed by the Service Provider. The Service Provider stipulates to undertake immediate actions in order to return the full functionality of the Website.
15. In the event of a necessity of introducing changes or updating the Website, the Service Provider reserves the right to introduce interruptions in the accessibility of the Website or part of its functionality. The above interruptions shall be introduced, if possible, at night or during weekends.
REPUDIATING THE AGREEMENT FOR PROVIDING SERVICES
The Service Provider informs that, based on article 38 Item 1) and 13) of the Act of 30 May 2014 on consumers rights (Journal of Law 2014.827 as amended), the Consumer does not have a right to repudiate the agreement for providing Services.
1. Without limitations stipulated by generally binding legal provisions with regard to Consumer rights concerning making and satisfying claims, it is possible to file complaints as to the provision of Services to the Service Provider.
2. The complaints may be filed through the Communication Channels. In order to make the identification of a person filing a complaint and the nature of the complaint it is recommended that the complaint contains in particular: name, surname and the address of a person filing the complaint as well as a detailed description of the demand.
3. The Service Provider undertakes to answer to the complaint within 14 (fourteen) days from the date of receiving it. The Service Provider sends the answer to the complaint to the e-mail address or in other manner agreed with the person filing the complaint. If the complaint is filed by a Consumer, in the event that the Service Provider does not present its position within the above deadline, it is assumed that the Services Provider has accepted the Consumer’s statement or demand. The Service Provider shall convey its answer to a complaint made by a Consumer on paper or any other permanent medium.
4. If the User or other person or entity is of an opinion that a content published on the Website infringes their rights, personal goods, common decency, feelings, morality, beliefs, rules of fair competition, know-how, secret protected by law or contract, they may inform the Service Provider of such potential infringement in a manner described in title VI above. Upon receiving the information referred to in item 1 above, the Service Provider shall analyse the subject content and in the event of ascertaining that such content is of an infringing nature, it shall undertake actions aiming at removing such content from the Website.
1. These Terms and Conditionsare accessible free of charge on the Website under the “Terms and Conditions” tab, in a manner enabling its downloading, fixing, reproducing and printing at any time.
2. Any change to the content of these Terms and Conditions may be effected upon previously informing the User of a scope of the planned changes by making an announcement on the Website no later than 14 (fourteen) days before the date on which they will become effective.
3. Any potential disputes between the Service Provider and the Consumer shall be resolved by a common court with a jurisdiction established based on provisions of the Act of 17 December 1964 – Civil procedure code (Journal of Laws 1964 No. 43 Item 296 as amended).
4. Any potential disputes between the Service Provider and the User who is not a Consumer shall be resolved by a common court with a jurisdiction over the Service Provider’s registered office.
5. The Terms and Conditionsare effective as of 16 September 2019.