Account Terms and Conditions

at Europasaz.pl

TABLE OF
CONTENTS§ 1
Definitions§ 2 Contact with the
Service Provider§ 3 Technical
requirements§ 4
Account§ 5
Complaints§ 6 Right to withdraw from
the contract§ 7 Personal data
§ 8 Changes to the Terms and Conditions or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who has concluded an agreement to maintain an Account on the basis of the Terms and Conditions or is taking steps to conclude such an agreement, without any direct connection to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, thanks to which the Service Recipient can use additional functions in the Store.
Privileged entrepreneur – a Service Recipient who is a natural person concluding an Account Agreement (or taking steps to conclude it) on the basis of the Terms and Conditions, directly related to their business activity, but not of a professional nature.
Terms and Conditions – these Account Terms and Conditions.
Store - the Europasaz.pl online store. Online Store operated by the Service Provider at https://europasaz.pl/.
Service Recipient - any entity that has concluded an Account agreement or is taking steps to conclude such an agreement.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – ANDRZEJ BEKIESZ, an entrepreneur conducting business activity under the name EUROPASAŻ ANDRZEJ BEKIESZ, entered in the Central Register and Information on Economic Activity kept by the minister responsible for the economy and keeping the Central Register and Information on Economic Activity, NIP 9291524964, REGON 081187248, ul. Franciszka Rzeźniczaka 33A/8, 65-119 Zielona Góra.
Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: ul. Franciszka Rzeźniczaka 33A/8, 65-119 Zielona Góra
Email address: biuro@europasaz.pl
The cost of telephone calls or data transmission made by the Service Recipient is based on the basic tariff of the telecommunications operator or Internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the telecommunications operator or Internet service provider whose services are used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning and creation of an Account, the following is required:
- an active email account,
- a device with Internet access,
- a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

Creating an Account is completely voluntary and depends on the will of the Service Recipient.
The Account gives the Customer additional options, such as: viewing the history of orders placed by the Customer in the Store, checking the status of an order, or editing the Customer's data independently.
In order to create an Account, you must complete the appropriate form in the Store.
Upon creating an Account, an indefinite agreement is concluded between the Customer and the Service Provider for the maintenance of the Account on the terms specified in the Terms and Conditions.
The Service Provider shall commence the provision of the Account maintenance service on the terms specified in the Terms and Conditions immediately after the conclusion of the Account maintenance agreement.
The Service Recipient may cancel the Account at any time without incurring any costs.
Deletion of the Account results in termination of the agreement for maintaining the Account. In order for the Service Provider to delete the Account, the Customer must send their resignation from the Account to the Service Provider's e-mail address specified in § 2 of the Terms and Conditions, which will result in immediate deletion of the Account and termination of the agreement for maintaining the Account.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

The Service Provider requests that complaints regarding the Account be sent to the postal or email address specified in § 2 of the Terms and Conditions.
The Service Provider will respond to the complaint within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS

The Service Provider shall be liable to the Privileged Service Recipient for the compliance of the service with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
In the event of improper performance of the Account Agreement by the Service Provider, the privileged Service Recipient may exercise the rights set forth in Chapter 5b of the Consumer Rights Act.
If the Service Provider has not delivered the digital service, the privileged Service Recipient may request that it be delivered. If, despite this, the Service Provider fails to deliver the digital service immediately or within an additional period expressly agreed between the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the Account Agreement.
The Privileged Service Recipient may withdraw from the Account Agreement without requesting the provision of the digital service if:
1. it is clear from the Service Provider's statement or circumstances that it will not provide the digital service, or
2. the privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances of the conclusion of the Account Agreement, that the specified deadline for the delivery of the digital service was of significant importance to the privileged Service Recipient, and the Service Provider has not delivered it within that deadline.
The Service Provider shall be liable for any non-compliance with the Account Agreement of a digital service provided on a continuous basis which occurred or became apparent during the period in which the service was to be provided under that agreement.
If the digital service is not in compliance with the Account agreement, the Privileged Service Recipient may demand that it be brought into compliance with that agreement.
In the event of non-compliance of the digital service with the Account Agreement, the Privileged Service Recipient shall cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, in order to determine whether the lack of compliance of the digital service with the Account Agreement in a timely manner results from the characteristics of the Privileged Service Recipient's digital environment.
Additionally, if the digital service is not compliant with the Account Agreement, the Privileged Service Recipient may submit a statement of withdrawal from this agreement when:
1. bringing the digital service into conformity with the Account Agreement is impossible or would entail excessive costs in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
2. the Service Provider has not brought the digital service into conformity with the Account Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the lack of conformity with this agreement, and without undue inconvenience to the privileged Service Recipient, taking into account the nature and purpose of the digital service as it is used;
3. the digital service is still not in conformity with the Account Agreement, despite the Service Provider's attempts to bring the digital service into conformity with that agreement;
4. the non-compliance of the digital service with the Account Agreement is so significant that it justifies withdrawal from the Account Agreement without first using the remedy specified in Article 43m of the Consumer Rights Act (i.e., requesting that the digital service be brought into compliance with the agreement);
5. it is clear from the Service Provider's statement or circumstances that it will not bring the digital service into compliance with the Account Agreement within a reasonable time or without undue inconvenience to the privileged Service Recipient.

III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

The Service Provider informs the Consumer about the possibility of using extrajudicial means of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The Consumer may use, among others:
- assistance from the relevant European Consumer Centre from the European Consumer Centres Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of European Consumer Centers is generally free of charge. A list of Consumer Centers competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
- the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
In addition, the following forms of support are available in the Republic of Poland:
- mediation conducted by the competent Provincial Trade Inspection Authority, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
- assistance from the competent permanent consumer arbitration court operating at the Provincial Trade Inspection Authority, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
The above provision is for information purposes only and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution methods.
The use of out-of-court methods of complaint handling and redress is voluntary for both the Service Provider and the Consumer.
The Consumer may additionally seek free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE AGREEMENT

The privileged Service Recipient has the right to withdraw from the Account Agreement concluded with the Service Provider within 14 days without giving any reason.
The deadline for withdrawing from the Account Agreement expires 14 days after the date of conclusion of the Agreement.
In order for the Privileged Service Recipient to exercise their right to withdraw from the agreement, they must inform the Service Provider, using the details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the agreement by means of an unequivocal statement (for example, a letter sent by post or e-mail).
The privileged Service Recipient may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not mandatory.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the Privileged Service Recipient to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract.

§ 7 PERSONAL DATA

The Service Provider is the administrator of personal data provided by the Service Recipient in connection with the conclusion of the Account agreement. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
The purpose of processing the Service Recipient's data is to maintain the Account. The basis for the processing of personal data in this case is the contract for the maintenance of the Account or actions taken at the request of the Service Recipient, aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data for the purpose of establishing, pursuing, or defending any claims (Article 6(1)(f) of the GDPR).
The provision of data by the Service Recipient is voluntary, but at the same time necessary to conclude an Account Agreement and provide the services covered by it. Failure to provide data means that the Account Agreement cannot be concluded and the Service Provider will not be able to provide the services covered by it.
The Service Recipient's data will be processed until:
1. the Account Agreement ceases to be valid;
2. the possibility of pursuing claims by the Service Recipient or Service Provider related to the Account ceases to exist;
3. the Service Recipient's objection to the processing of their personal data is accepted – if the basis for data processing was the legitimate interest of the Service Provider
– depending on what applies in a given case.
The Service Recipient has the right to request:
1. access to their personal data,
2. its rectification,
3. deletion,
4. restriction of processing,
5. transfer of data to another controller, as well
  as the right to:
6. to object at any time to the processing of data for reasons related to the specific situation of the Service Recipient – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).
In order to exercise their rights, the Service Recipient should contact the Service Provider.
If the Service Recipient considers that their data is being processed unlawfully, they may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE ACCOUNT

The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason is understood to be the need to amend the Terms and Conditions due to:
1. a change in the functionality of the Account, requiring modification of the Terms and Conditions, or
2. a change in the law affecting the performance of the contract for the maintenance of the Account by the Service Provider or the adaptation of services to the recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or decisions of competent public authorities, or
3. a change in the contact or identification details of the Service Provider.
Information about the planned amendment to the Terms and Conditions will be sent to the Service Recipient's e-mail address assigned to the Account at least 7 days before the amendments come into force.
If the Service Recipient does not object to the planned changes by the time they come into force, it is assumed that they accept them, which does not constitute any obstacle to terminating the contract in the future.
If the Service Recipient does not accept the planned changes, they should send information about this to the Service Provider's email address provided in § 2 of the Terms and Conditions, which will result in the termination of the Account agreement upon the planned changes coming into effect.
The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the Account Agreement, for the reason specified in section 1(b) or due to a change in the functionality of the Account. The introduction of the change referred to in the previous sentence shall not entail any costs on the part of the privileged Service Recipient. The provisions of paragraphs 2-4 shall apply accordingly.
If the change referred to in paragraph 5 significantly and negatively affects the Privileged Service Recipient's access to or use of the Account, the Service Provider shall send to the e-mail address of the Privileged Service Recipient, in advance, on a durable medium, information about the nature and date of the change and the rights of the Privileged Service Recipient in connection with the change.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide illegal content.
The Account Agreement is concluded in Polish.
The Agreement concluded on the basis of these Terms and Conditions is subject to Polish law, subject to paragraph 4.
The choice of Polish law for an agreement concluded with a Consumer on the basis of the Terms and Conditions does not waive or limit the Consumer's rights under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
In the event of a dispute with a Service Recipient who is not a privileged Service Recipient, related to the Account agreement, the competent court shall be the court competent for the seat of the Service Provider.

Appendix 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not required to, use. The model withdrawal form is consistent with the model contained in Appendix 2 to the Act of May 30, 2014, on consumer rights:

CONTRACT WITHDRAWAL
FORM TEMPLATE (this form should be completed and returned only if you wish to withdraw from the contract)

EUROPASAŻ ANDRZEJ BEKIESZ
ul. Franciszka Rzeźniczaka 33A/8, 65-119 Zielona Góra e-mail
address: biuro@europasaz.pl

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract for the provision of the following service(*) / for the delivery of digital content in the form of(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the agreement^(*)

..............................................................................................................................................................................

- Name and surname of the privileged Consumer(s)/Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s)/Entrepreneur(s) with preferential treatment:

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the consumer(s)/business(es) entitled to preferential
treatment (only if the form is sent in paper form)

Date ............................................

(*) Delete as appropriate.