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Website regulations

TERMS AND CONDITIONS OF THE WEBSITE

EPOZYTYWNAOPINIA.PL

1) GENERAL PROVISIONS

  1. The owner of Epositivenaopinia.pl is ACTIVEMED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław (registered office and delivery address: ul. Brzeska 5-15/U1, 50-430 Wrocław); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000448532; registry court where the company's documentation is kept: District Court for Wrocław-Fabryczna in Wrocław, 50th Commercial Division of the National Court Register; share capital in the amount of: PLN 000; NIP: 8952018626; REGON: 022066967, e-mail address: kontakt@epozytywnaopinia.pl and contact telephone number: 509845541 / 71 7336085 (hereinafter referred to as: "The service provider").
  2. The Regulations are addressed to all persons using the Website, unless a given provision provides otherwise. The provisions of these Regulations are not intended to exclude or limit any rights of Consumers (or Companies with Consumer Rights) they are entitled to under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.
  3. The terms used in these Regulations mean:
    • PRODUCT DATABASE - Electronic Service, a database maintained by the Service Provider, in which there are products that have received a positive opinion of the Service Provider.
    • COMPANY WITH CONSUMER RIGHTS - a natural person for whom the use of Electronic Services available at Epozytywnaopinia.pl is directly related to its business activity, when the circumstances show that it is not of a professional nature for that person, resulting in particular from the subject of the business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
    • CONTACT FORM - Electronic Service, a form available on the Website that allows you to send an inquiry to the Service Provider.
    • CONSUMER - a natural person for whom the use of Electronic Services available at Epozytywnaopinia.pl is not directly related to its business or professional activity.
    • CIVIL CODE - the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended).
    • NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider the content of subsequent editions of the newsletter containing information about new products on the Website.
    • COPYRIGHT - the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws No. 24, item 83, as amended).
    • Regulamin - these Regulations of the Website.
    • WEBSITE, SERVICE, EPOZYTYWNAOPINIA.PL - the Service Provider's website available at https://epozytywnaopinia.pl.
    • CONTENT - Electronic Service, audio and video materials, photos and texts available on the Website, posted by the Service Provider for all visitors to the Website.
    • ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with the Regulations.
    • SERVICE RECIPIENT - every entity using or intending to use the Electronic Services available at Epozytywnaopinia.pl, that is: (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity.
    • SERVICE PROVIDER – ACTIVEMED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław (registered office and delivery address: ul. Brzeska 5-15/U1, 50-430 Wrocław); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000448532; registry court where the company's documentation is kept: District Court for Wrocław-Fabryczna in Wrocław, 50th Commercial Division of the National Court Register; share capital in the amount of: PLN 000; NIP: 8952018626; REGON: 022066967, e-mail address: kontakt@epozytywnaopinia.pl and contact telephone number: 509845541 / 71 7336085.
    • CONSUMER RIGHTS ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

2) GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE

  1. The Service Provider is responsible for the provision of Electronic Services indicated in the Regulations and is obliged to provide them without defects.
  2. The Service Recipient is obliged to use the Website in accordance with its purpose, these Regulations and in a manner consistent with the law and morality, bearing in mind the respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with the facts. The Service Recipient is prohibited from providing illegal content. The Service Recipient is prohibited from sending unsolicited commercial information (spam) via the Website.
  3. The Service Provider is not responsible for the unlawfulness of the Service Recipient's data stored in Epozytywnaopinia.pl, if he does not know about the unlawful nature of the data or related activities, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities, he will immediately prevent them from access, in accordance with Art. 14 sec. 1 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
  4. In order to use the Website, it may be necessary for the Service Recipient to meet the following technical requirements: (1) a computer, laptop, smartphone or other multimedia device with Internet access; (2) access to e-mail, (3) web browser in the current version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) the recommended minimum screen resolution: 1366 × 768; (5) enabling cookies and Javascript support in the web browser.
  5. Using the Website is associated with standard threats occurring in the Internet. The basic threat to every Internet user, including people using Electronic Services, is the possibility of "infecting" the ICT system by various types of software created mainly for the purpose of causing damage or obtaining unauthorized access to the Customer's data. Therefore, in order to avoid the related risks, the Service Provider recommends that the Service Recipient provide his equipment that he uses when connecting to the Internet with an anti-virus program and constantly update it by installing its latest versions.
  6. The administrator of personal data processed on the Website in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in privacy policy published on the website of the Website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator on the Website, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. Using the Website is voluntary. Similarly, the provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (use of Electronic Services and statutory obligations of the Service Provider).

3) ELECTRONIC SERVICES AVAILABLE AT EPOZYTYWNAOPINIA.PL

  1. Each Service Recipient may use the Website on the terms specified in the Regulations.
  2. The use of the available Electronic Services is free of charge.
  3. The Service Recipient may use the following Electronic Services on the Website:
    a. Newsletter.
    b. Content.
    c. Product Database.
    d. Contact Form.
  4. A detailed description of Electronic Services and the rules of their operation is available in these Regulations and on the Website.

4) NEWSLETTER

  1. Use of the Newsletter takes place after two consecutive steps are completed by the Customer - (1) providing the name and e-mail address to which subsequent editions of the Newsletter are to be sent in the appropriate tab on the Website, and (2) clicking the "save me".
  2. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: kontakt@epozytywnaopinia.pl.

5) CONTENT ON THE WEBSITE

  1. The Website is a portal that contains the Content that can be accessed free of charge.
  2. The use of the Content is available after going to any subpage of the Website that contains the Content. The content is available to all visitors of the Website without the need to provide any data.
  3. The Service Recipient may, at any time and without giving any reason, stop using the Content by closing the web browser.

6) PRODUCT DATABASE

  1. The Service Provider enables the Service Users to browse the Product Database via the Website. As part of this functionality, the Service Recipient may search for a product of interest to check whether it has received a positive opinion from the Service Provider and find out where to purchase this product.
  2. The Service Recipient may, at any time and without giving any reason, stop using the Product Database by closing the web browser.
  3. The Service Provider declares that it is not possible to conclude a contract for the sale of products in the Product Database via the Website and the Product Database made available on the Website. If the Service Recipient is interested in a product in the Product Database, he should read the terms of sale available on the websites offering the sale of these products.
  4. The Service Provider declares that placing products in the Product Database is not intended to advertise or promote these products.

7) CONTACT FORM

  1. The use of the Contact Form takes place after (1) completing the Contact Form available in the "Contact" tab and (2) clicking on the "Send a message" field on the Website after completing the Contact Form - until then it is possible to modify the entered data (for this purpose). follow the displayed messages and information available on the Website). In the Contact Form, it is necessary for the Service User to provide the content of the inquiry addressed to the Service Provider, as well as the name and e-mail address to which the reply should be provided.
  2. The Electronic Contact Form service is provided free of charge and is of a one-off nature and ends when the inquiry is submitted through it or when the Service Recipient ceases to submit an inquiry through it.

8) CONTACT WITH THE SERVICE PROVIDER

The basic form of ongoing remote communication with the Service Provider is electronic mail (e-mail: kontakt@epozytywnaopinia.pl), through which you can exchange information with the Service Provider regarding the use of Epositivenaopinia.pl. Service Recipients may also contact the Service Provider in other ways permitted by law, using the contact details provided at the beginning of the Regulations.

9) COMPLAINTS ABOUT EPOZYTYWNAOPINIA.PL

  1. The basis and scope of the Service Provider's liability towards the Service Recipient are defined by generally applicable law, in particular in the Civil Code.
  2. Complaints related to the operation of the Website and Electronic Services may be submitted, for example, by e-mail to the following address: kontakt@epozytywnaopinia.pl or in writing to the following address: ul. Brzeska 5-15/U1, 50-430 Wrocław.
  3. It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) customer expectations; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  4. The Service Provider will respond to the complaint immediately, not later than within 30 calendar days from the date of its submission. In the case of Consumers, failure to respond within the above-mentioned period means that the Service Provider considered the complaint justified.

10) STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT

  1. This point 10 of the Regulations and the provisions contained therein apply only to the Customers who are Consumers or Companies with Consumer Rights.
  2. The right to withdraw from a distance contract is not entitled to the consumer, among others in relation to contracts for the provision of services, if the Service Provider has fully performed the service with the express consent of the consumer, who has been informed prior to the commencement of the service that after the Service Provider has fulfilled the service, he will lose the right to withdraw from the contract.
  3. Subject to point 10.2 of the Regulations, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs. To meet the deadline, it is enough to send a statement before its expiry.
  4. The period for withdrawing from the contract begins on the day of concluding the contract.
  5. Statements addressed to the Service Provider related to the exercise of the right to withdraw from the contract may be directed in accordance with the contact details provided in point. 10 of the Regulations.

11) EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

  1. This section 11 of the Regulations and all provisions contained therein apply only to the Service Recipients who are Consumers.
  2. Detailed information on the possibility for the Service Recipient who is a Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  3. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or in writing: Pl. Powstańców Warszawy 1, Warszawa), whose task is, inter alia, to assist Consumers in matters relating to out-of-court resolution of consumer disputes.
  4. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) a request for an out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Service Provider); and (3) assistance of a poviat (municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at the address Rady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on business days, from 8:00 to 18:00, connection fee according to the operator's tariff).
  5. At the address http://ec.europa.eu/consumers/odr a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for Consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

12) PROVISIONS CONCERNING ENTREPRENEURS

  1. This point 12 of the Regulations and all provisions contained therein are addressed and thus bind only the Service Recipient who is not a Consumer or is not a Company with Consumer Rights.
  2. The Service Provider has the right to withdraw from the contract for the provision of Electronic Services concluded with the Service Recipient within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may take place without giving a reason and does not give rise to any claims on the part of the Service Recipient against the Service Provider.
  3. The Service Provider shall not be liable to the Service Recipient for damages and failure to fulfill obligations resulting from the event of force majeure (e.g. hacker break-ins, natural disasters, floods, fires, earthquakes, epidemics, riots, riots and wars) or any other reasons beyond the control of Service providers.
  4. Any disputes arising between the Service Provider and the Service Recipient shall be submitted to the court having jurisdiction over the Service Provider's seat.

13) COPYRIGHT TO EPOZYTYWNAOPINIA.PL

  1. Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available on it, belong to the Service Provider or other authorized third parties and are protected by Copyright Law and other generally applicable provisions laws. The protection granted to the Website covers all forms of their expression.
  2. The trademarks of the Service Provider and third parties should be used in accordance with applicable law.

14) FINAL PROVISIONS

  1. Agreements concluded through Epozytywnaopinia.pl are concluded in Polish.
  2. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in the scope or form of the Electronic Services provided - to the extent to which these changes affect the implementation of the provisions of these Regulations.

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