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I. PREAMBLE
(1) This document sets forth the terms and conditions for access to and use of the website, hereinafter referred to as “General Terms and Conditions“.
(2) Each user, as soon as he/she undertakes activities aimed at using the website, is obliged to read, observe and accept the General Terms and Conditions, without limitation or qualification.
(3) If you do not agree to all General Terms and Conditions, you must stop using the website and leave it immediately.
(4) All trade names, company names and their logos used on the website belong to their owners and are used for identification purposes only. They may be registered trademarks.
(5) Unauthorized use of website content, works or information, as well as unauthorized reproduction, retransmission or other use of any element of the website is prohibited, as such action may violate, among other things, copyrights or protected trademarks.
(6) Questions or comments about the website can be submitted to the following email address: info@blekitnyorzel.pl.
II. DEFINITIONS
(1) CONTACT FORM – a questionnaire available on the website, which allows you to immediately send a message to the Owner of the website;
(2) NEWSLETTER – Electronic Service that allows the User to place an order to receive free information from the Owner regarding the Website to the e-mail address or telephone number provided;
(3) APPLICABLE LAW – For the purpose of implementing the General Terms and Conditions, Polish law shall apply;
(4) WEBSITE – a tool, named: blekitnyorzel.pl, used to provide electronic services;
(5) USER – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, using electronic services available on the website;
(6) TERMS and CONDITIONS – the set of all provisions of, among others, these General Terms and Conditions, the Privacy Policy, cookies, the Terms and Conditions of Use of the online store, and any other terms and conditions found on the website that relate to certain features, functions or promotions, as well as customer service;
(7) OWNER – Entity providing this website, namely: Błękitny Orzeł Sp. z o.o. with registered office at: 8 Wojska Polskiego St., entered in the register of entrepreneurs kept by the District Court of Katowice – Wschód in Katowice, VIII Economic Department, under KRS number: 0000965325, NIP: 6443566399;
III. SCOPE OF CONDITIONS
(1) The owner shall provide access to the content of the website in accordance with the following General Terms and Conditions.
(2) The content and data published on the website are for the information of interested parties and may be used for informational purposes only.
(3) Users may use access and services offered on the website, subject to prior agreement to the General Terms and Conditions.
IV. RULES OF USE OF THE WEBSITE
(1) The website is supported by all kinds of web browsers. No special properties of the User’s terminal device are required.
(2) Upon acceptance of the Terms and Conditions, you have the right to view, copy, print and distribute, without altering the content, the content of this website, provided that:
a. the content will be used for informational, non-commercial purposes only;
b. each copy made will include copyright information or details of the author of the content.
(3) It is prohibited to use and copy software, processes and technologies that are part of the website.
(4) Users may use the website only in compliance with the provisions of the Telecommunications Law, the Law on Provision of Electronic Services and the relevant provisions of the Civil Law.
(5) The use of the website is prohibited:
a. in a manner that leads to a violation of applicable laws;
b. in any unlawful or unfair manner, or in a manner intended to achieve an unlawful or unfair purpose;
c. for the purpose of harming children or attempting to cause them any harm;
d. to send, knowingly receive, upload or use content that does not comply with the General Conditions;
e. to transmit or provoke the sending of any unsolicited or unauthorized advertising or promotional materials, as well as any similar forms, included in the collective category of SPAM;
f. to knowingly transmit any data, send or upload any material containing viruses, Trojan horses, spyware, adware or other harmful program or similar computer code programmed to adversely affect or threaten the operation of any software or computer equipment or adversely affect or threaten the User.
V. COOKIES
(1) The website uses cookies or similar technology (hereinafter collectively
referred to as “cookies“) to collect information about the User’s access to the website (e.g. via computer or smartphone) and his preferences. They are used, among other things, for advertising and statistical purposes and to customize the website to the User’s individual needs.
(2) Cookies are pieces of information that contain a unique reference code, which the website sends to the User’s device, in order to store and sometimes track information about the device used. They usually do not identify the User’s person. Their main purpose is to better tailor the website to the User.
(3) Some of the cookies present on the website are available only for the duration of a given web session and expire when the browser is closed. Other cookies are used to remember the User who is recognized on the website when they return to it. They are then retained before a longer period of time.
(4) All cookies, occurring on the website, are established by the Owner.
(5) All cookies used by this website comply with the applicable laws of the European Union.
(6) Most Users and some mobile browsers automatically accept cookies. If you leave these settings unchanged, cookies will be stored on your device.
(7) You may change your cookie acceptance preferences or change your browser so that you can receive an appropriate notification each time the cookie function is set. To change your cookie acceptance settings, adjust the settings in your browser.
(8) It is worth remembering that blocking or deleting cookies may prevent full use of the website.
(9) cookies will be used for necessary session management, including:
a. Create a special login session for the User of the website so that the website remembers that the User is logged in and their requests are delivered in an efficient, secure and consistent manner;
b. Recognizing the User who has visited the website before which allows us to identify the number of unique users who have used the website and allows us to make sure that the website has enough capacity for the number of new users;
c. Recognizing whether a website visitor is registered on the website;
d. Recording information from the User’s device, including: cookies, IP address and information about the browser used, in order to be able to diagnose problems, administer and track Site Usage;
e. Customize elements of the layout or content of the website;
f. To collect statistical information about how Users use the Site, in order to be able to improve the Site and determine which areas of the Site are most popular with Users.
VI. EXTERNAL LINKS
(1) Links on this site, to other websites, are provided for informational purposes only.
(2) The owner of the website is not responsible for the content on other sites, or for any damage resulting from their use.
VII. NEWSLETTER
(1) It is possible to subscribe to the newsletter, by providing an e-mail address or telephone number and agreeing to the processing of personal data of the User, in order to receive commercial and marketing information from the Owner, by e-mail or SMS.
(2) By means of a newsletter, sent by e-mail or SMS, the Owner informs the User about the latest offers, e.g. news, promotions or sales.
(3) The user may unsubscribe from the newsletter at any time by clicking on the link contained in the newsletter received or by sending an email to: newsletter@blekitnyorzel.pl.
VIII. CONTACT FORM
(1) The user can enter his contact information by filling out a special form provided for contacting the Owner, the content of the message and accepting its dispatch to the Owner.
(2) Leaving contact information means that the User has consented to the Owner’s processing of the personal information provided in the Contact Form. The Owner will be able to use the contact data provided, in order to send offers or make contact with the User.
IX. RESPECT FOR INTELLECTUAL PROPERTY
(1) The website and its content may be protected by copyright, trademark and other laws, related to the protection of intellectual property.
(2) The marks, logos and other personalized emblems of the Owner appearing on the Website (collectively, the “Marks“) are trademarks of the Owner.
(3) Except with separate, individual, written authorizations, the User may not use by himself, belonging to the Owner, the Marks: separately or in combination with other verbal or graphic elements, especially in press releases, advertisements, promotional materials, marketing materials, in the media, in written or oral materials, in electronic form, in visual form or in any other form.
X. PROTECTION OF USER DATA
The Owner fully respects the privacy of Users. For details on how User’s personal data or other information is collected and processed, as well as the situations in which the Owner may disclose it, please refer to the Privacy Policy.
XI. LIMITATION OF LIABILITY
(1) The website contains information of a general nature. It is not intended to broker any professional advisory services. You should contact a professional advisor before taking any action affecting your financial or business situation.
(2) The website does not provide any guarantees regarding its content, in particular guarantees of security, error-free, free of viruses or malicious codes, guarantees of correct operation or quality.
(3) The website does not provide any warranty, express or implied, including warranties of merchantability or fitness for a particular purpose, non-infringement, customization, security and reliability of information.
(4) The user uses the website at his/her own risk and assumes full responsibility for damages related to or resulting from its use, whether direct or indirect, incidental, consequential, punitive, or other damages in contract, tort, negligence, including but not limited to loss of data or services.
(5) The website assumes no responsibility for links provided on the website, especially if they lead to sites, resources or tools maintained by third parties.
(6) The owner shall not be liable if the website is temporarily or long-term unavailable for any reason.
(7) The owner is not responsible for the information provided on the website, nor can the owner ensure the complete security of transactions or communications conducted through the website.
(8) Despite the Owner’s best efforts, in terms of ensuring the accuracy and timeliness of the website, there may be errors unintended by the Owner, which the User, upon discovering them, is requested to report to the Owner.
(9) All exclusions and limitations of liability indicated above shall apply to the fullest extent permitted by law, covering any type of existing liability, including but not limited to contractual liability, tort liability and any other liability provided for in Polish or foreign legal order.
XII. VALIDITY OF PROVISIONS
(1) Should any provision of the General Terms and Conditions be or become invalid or ineffective, in any jurisdiction, the remainder of the Terms and Conditions shall remain valid and unaffected. The parties shall replace the invalid or ineffective provision with another provision that reflects the intended purpose as closely as possible. Accordingly, this also applies to any gaps in the General Terms and Conditions.
(2) Should any provision of the General Terms and Conditions be or become invalid or ineffective, in one or more jurisdictions, all provisions of the General Terms and Conditions shall remain valid in any other jurisdiction.
XIII. RELATIONSHIP TO CONCLUDED CONTRACTS
Unless otherwise stipulated, the General Terms and Conditions constitute the complete and exhaustive agreement between the User and the Owner regarding the use of the Website, to the extent of the content contained therein, and supersede all other agreements, understandings and contracts regarding the subject matter (content) of these General Terms and Conditions.
XIV. MODIFICATION OF WEBSITE
TERMS AND CONDITIONS
(1) The owner of the website reserves the right to modify these General Terms and Conditions at any time by posting an updated version on the website, which shall become effective for Users from the moment of publication, unless otherwise indicated in the modified General Terms and Conditions.
(2) The User is obliged to familiarize himself with the modifications of the General Terms and Conditions, of which the Owner will inform him by sending him a message or communication about the modifications of the General Terms and Conditions for his acceptance.
(3) Continued use of the website shall constitute acceptance of the modified Website Terms and Conditions.
XV. DISPUTE RESOLUTION
(1) Any disputes that arise, the Parties agree, in the first instance, to resolve amicably, before a competent arbitration court (arbitration clause).
(2) If an amicable settlement proves impossible, a dispute arising from this contract shall be settled by the court in whose district the Owner’s residence is located.
XVI. LEGAL BASIS
(1) In matters not covered by these General Terms and Conditions, the following laws shall apply accordingly:
a. The Telecommunications Law of July 16, 2004 (i.e., Journal of Laws 2022, item 1648, as amended);
b. the Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344, as amended);
c. the Act of February 4, 1994 on Copyright and Related Rights (i.e., Journal of Laws of 2022, item 2509, as amended);
d. the Act of April 23, 1964, Civil Code (i.e., Journal of Laws of 2022, item 1360, as amended);
and other relevant provisions of Polish law.
