§ 1. Subject of the Terms and Conditions
- The entity that administers and manages the www.esb-legal.pl website is esb Justyna Matuszak-Leśny , Kancelaria Radcy Prawnego, with its registered office in Warsaw (03-317), 12/27 Wrzesińska Street, Tax Identification Number (NIP): 5242555359, Business Identification Number (REGON): 221884976 (hereinafter referred to as "esb").
- These Terms and Conditions govern the use of the Website by its users.
§ 2. Definitions
- All capitalized terms in these Terms and Conditions shall have the following meanings:
- Terms and Conditions - these Terms and Conditions;
- Website - the website available at www.esb-legal.pl, administered and managed by esb;
- Services - services provided electronically by esb to users, i.e., the service of providing users with access to the Website and the Contact Form Service;
- Contact Form Service - provides users with the possibility of sending messages to esb using the Contact Form available on the Website.
§ 3. General Provisions
- The Terms and Conditions set out the rules for the use of the Website, the type and scope of Services, the conditions of Service provision, the conditions for conclusion and termination of agreements on the provision of Services, as well as the complaint procedure.
- The use of the Services is voluntary and free of charge for all users.
- Notwithstanding the above-mentioned principle of free use of the Services, the user, in the case of the use of the Services, shall bear the costs associated with the use of the Internet network used by the user. The costs of connection to the Internet shall correspond to the rates of the user's network operator.
- The user shall not be entitled to provide, in the course of using the Services, any unlawful content.
- The user is obliged to use the Services in compliance with the rules specified in the Terms and Conditions, in accordance with the applicable law and rules of social coexistence.
- The materials on the Website, and in particular the images, graphics, content, layout and composition of its elements are subject to copyright protection and shall not be distributed, modified or copied, in whole or in part, without the prior written consent of the authorised entity (except for permitted use, in accordance with the provisions of law).
- The user may unsubscribe from the Services at any time.
- In connection with the provision of the Services, esb shall be liable in accordance with the general principles set out in the Civil Code.
- Banners and links to other websites and web services may be published on the Website. By using a banner or a link, the user navigates to a website belonging to another entity, which is responsible for the content therein, as well as for the processing of personal data of visitors to the website.
§ 4. Technical Requirements
- For proper use of the Services it is necessary to have a computer or other device connected to the Internet with a correctly installed and configured web browser, e.g.:
- Mozilla Firefox;
- Microsoft Internet Explorer;
- Opera;
- Google Chrome;
- Safari.
§ 5. Conditions of Using the Contact Form Service
- The Contact Form Service is voluntary and free of charge for all users.
- Use of the Contact Form Service requires acceptance of the Terms and Conditions. Without acceptance of the Terms and Conditions, you may not send messages to esb or receive a reply from esb.
- In order to use the Contact Form Service and send a message to esb, the user fills in the fields of the contact form marked with an asterisk (required fields to be filled in), accepts the Terms and Conditions and clicks on "Send".
- After fulfilling the conditions referred to in § 5.2 and § 5.3 of the Terms and Conditions, the moment of clicking on the "Send" box constitutes the conclusion of a contract for the provision of the Contact Form Service.
- If the conditions in § 5.2 and § 5.3 of these Terms and Conditions are fulfilled, esb contacts the user with regard to the message sent by the user.
§ 6. Cookie Files
- The Website uses cookies.
- Cookies are small pieces of information in the form of text files sent by a server and stored on the end device (e.g. computer, phone, tablet) of a user using the Website.
- esb uses the information contained in cookies to enable the Website to function properly and to provide anonymous statistics and other analytical information about how users use the Website.
- Most Internet browsers accept the storing of cookies by default. You can change the conditions for the use of cookies via your browser settings, in particular you can partially restrict or completely deactivate the storage of cookies (see § 4.6).
- Your browser's cookie settings are important for your consent to the use of cookies by esb (files which do not contain personal data) - according to the law, this consent can also be given through your browser settings. If you have not given your consent, you can change your browser settings for cookies accordingly (see § 4.6).
- Detailed information on how to change the settings for cookies and how to delete them yourself in your web browser is available in the help section of your web browser, in particular this information can be found at:
§ 7. Personal Data Processing
- The rules of personal data processing by esb are regulated in the Privacy Policy.
§ 8. Complaint Procedure
- Complaints regarding the use of the Services may be submitted to esb at the following e-mail address: biuro@esb-legal.pl
- The entity responsible for handling the complaint is esb.
- The time limit for handling complaints is fourteen (14) days from the date the complaint is submitted.
- Information on the complaint resolution will be sent to the user at the e-mail address indicated by the user or in any other way indicated by the user.
§ 9. Amendments to the Terms and Conditions
- esb may amend the Terms and Conditions if at least one of the following important reasons occurs (closed list):
- a change in the conditions of the use of the Service not impairing the user's situation as compared to the previous one;
- the need to update the esb data indicated in the Terms and Conditions;
- changes in the way the Service is used due to the introduction of new functionalities or deletion of existing ones;
- a change in applicable law that regulates the conduct of esb's business or that affects the mutual rights and obligations of esb and the user, or a judgment or decision that may affect the conduct of esb's business and consequently the mutual rights and obligations of esb and the user;
- changes to the way in which the Service operates, resulting from objective and independent technical or technological reasons.
- esb will provide notice of changes to the Terms and Conditions by posting the new version of the Terms and Conditions on the Website, unless otherwise required by applicable law or a decision of an authority or court.
- The user may resign from using the Service at any time if he/she does not accept the content of the new version of the Terms and Conditions.
§ 10. Final Provisions
- These Terms and Conditions are effective as of March 1, 2019.
- The Terms and Conditions are available on the Website and at esb's office.
- Any disputes or claims relating to the use of the Website shall be resolved by a common court in the Republic of Poland and the law applicable to the Terms and Conditions shall be Polish law, unless otherwise provided by mandatory provisions of law.
- The choice of Polish law under the Terms and Conditions shall not deprive a user who is a consumer of the protection granted pursuant to provisions, which cannot be derogated from by agreement between esb and the user, under the law which would be applicable under the relevant regulations in the absence of choice.
- None of the provisions of the Terms and Conditions shall limit the rights of the consumer which he/she is entitled to under applicable provisions of law.
- In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the user may submit a complaint to resolve a potential dispute with esb via the ODR online platform (the ODR platform is available at http://ec.europa.eu/consumers/odr/).