Terms & Conditions
Online Store Terms and Conditions
1. The Terms and Conditions determine the terms, rules and the system of selling managed by Iwona Piotrowska, conducting economic activity under the company name CarLabImmo Iwona Piotrowska, based in Gorzów Wielkopolski, using an online store www.carlabimmo.com (hereinafter referred to as 'Online Store'). The Regulations also describe the terms and conditions of performing unpaid electronic services by Iwona Piotrowska, conducting economic activity under the company name CarLabImmo Iwona Piotrowska, based in Gorzów Wielopolski.
§ 2 Definitions
1. Workdays - days of the week from Monday to Friday, excluding public holidays.
2. Delivery - notification sent to the Customer vie email, informing about the possibility of downloading digital content.
3. Password - a sequence of letters, digits or other symbols selected by the Customer during the registration in the Online store used to secure the access to the Customer's account in the Online Store.
4. Customer - an entity with whom a contract of sale is concluded.
5. Consumer - a natural person performing a legal activity – not related to their economic or business activity – with the entrepreneur.
6. Customer Account - a panel unique for every Customer is made by the Seller after the Customer has completed the Registration. The Customer Account is simultaneously the Customer's IMMO BYPASS User Account.
7. Entrepreneur - natural person, legal entity, or entity that is not a legal entity, to whom the law gives the legal capacity, conduncting economic or business activity in their own name and performing legal activity connected directly to their economic or business activity.
8. Terms and Conditions - regulations set out in this Terms and Conditions document.
9. Registration - the actual activity performed in the way set out in the Terms and Conditions, required in order to use all the online store's functions by the Customer.
10. Seller - Iwona Piotrowska, conducting business activity under the name CarLabImmo Iwona Piotrowska, based in Gorzów Wielkopolski, Postcode: 66-400, address: ul. Bohaterów Westerplatte 33a/2, NIP (Tax Identification number): 5971518009, REGON (Register of Companies reference number): 320312743, registered in Central Register and Information on Business operated by the Minister of Development; email: firstname.lastname@example.org, who is also the owner of the Online Store.
11. Online Store Website - websites used by the Seller to operate the Online Store, working in the domain www.carlabimmo.com.
12. Digital Content - data produced and delivered in digital form.
13. Durable medium - means the material or tool enabling the Customer or the Seller to store information directed specifically to them, making it possible to access the information in the future for a period of time appropriate for such information to serve its function, as well as to display stored information in an unchanged form.
14. Contract of Sale - agreement concluded by electronic means in accordance with the Terms and Conditions, between the Customer and the Seller.
§ 3 General Provisions and Online Store Use
1. All rights to the Online Store, including copyrights, intellectual property rights to its name, internet domain, Online Store Website, as well as to patterns, forms. and logotypes located on the Online Store Website (excluding logotypes and photographs shown on the Online Store Website for the purpose of presenting products protected by copyrights owned by third parties) belong to the Seller. Using them may only be possible in accordance with the Terms and Conditions and after the Seller's consent in writing.
3. The Seller makes use of the mechanism of 'cookie' files that are saved by the Seller's server on the hard drive of the Customer's terminal equipment during the use of the Online Store Website. The purpose of using cookies is to provide correct functioning of the Online Store Website on the Customers' terminal equipment. The mechanism does not damage or make any changes to the the terminal equipment or software installed on these devices. Every Customer may disable the mechanism of cookies in the web browser of their terminal equipment. The Seller would like to point out that disabling cookies can make it difficult or impossible to use the Online Store Website.
4. Active email account is necessary for the Customer to make an order in the Online Store through the Online Store Website and to use the services provided in electronic form through the Online Store Website.
5. In order to use Digital Content provided by the Seller, the Customer needs to have a device which meets the requirements stated during each visit in the Online Store Website.
6. It is forbidden for the Customer to provide illegal content or to use the Online Store, the Online Store Website, or unpaid services provided by the Seller in a way contrary with the law, good behaviour, or infringing personal goods of third parties.
7. The Seller states that the public nature of the Internet and using services provided in electronical form may pose the risk of having the Customers' data obtained and modified by unauthorised parties. Due to this fact, the Customers should take all the necessary technical measures to minimse the above-mentioned risk. In particular, anti-virus software and programs that protect the identity of Internet users should be installed. The Seller never asks the Customer to provide the Password in any possible form.
8. It is forbidden for the Customer to use the assets and functions of the Online Store to conduct the business activity which would cause harm to the Seller's business.
9. The Customer who is granted the access to Digital Content is required to:
a) Use these materials solely for their intended purpose
b) Prevent copying, replicating, multipying and other unauthorised use by third parties that did not receive access.
c) Protect material printouts and electronic copies in a usual way, particularily by:
a. Not printing the materials in larger quantities than it is necessary;
b. Not sharing the data storage devices containing electronic copies with unauthorised parties;
c. Not sharing the internet address, login, and password with unauthorised parties.
d) Destroy all printout copies and delete all copies of electronic materials after the expiration of the access period to Digital Content.
10. Apart from the above-mentioned conditions, the individual who is granted the access to Digital Content is obligated to use the materials according to the law of July 4, 1994, on Copyright and Related Rights along with its later ammendments.
§ 4 Registration
1. In order to create a Customer Account, the Customer is required to make an unpaid registration.
2. The Registration is neccesary for the purpose of making an order in the Online Store.
3. For the purpose of Registration, the Customer is required to fill in the registration form made available by the Seller on the Online Store Website, and send the completed registration form electronically to the Seller by choosing appropriate function found in the registration form. During the registration, the Customer creates a unique Password.
4. While filling the registration form, the Customer has the possibility of learning the Terms and Conditions and accepting its contents by selecting appropriate field in the form.
5. During the registration, the Customer may voluntarily agree to the processing of personal information in marketing purposes by selecting appropriate field in the registration form. In such case, the Seller clearly informs of the purpose of collecting the Customer's personal data as well as of the recipients of this information, either known or predicted by the Seller.
6. The Customer's acceptance to the processing of their personal information in marketing purposes does not entail the possibility of entering into an agreement with the Seller regarding the provision of Customer Account Management electronic service. The acceptance can be made void at any time by providing the Seller with appropriate statement from the Customer. The statement may be sent for example to the Seller's email address.
7. After sending the completed registration form, the Customer instantly receives a registration confirmation email from the Seller to the Customer's email address given during the Registration. At that moment, an agreement is conluded regarding the provision of Customer Account Management electronic service. The Customer is granted the access to the Customer Account and has the right to modify the data given during the Registration.
§ 5 Orders
1. Information presented on the Online Store Website does not constitute an offer from the Seller, in the meaning of the civil code. Its only function is to invite the Customers to make Contract of Sale offers.
2. The Customer may place orders in the Online Store using the Online Store Website 7 days a week, 24 hours a day.
3. The Customer who places an order completes the ordering process by choosing the Digital Content that they are interested in, according to the chosen option presented by the Seller on the Online Store Website. Adding Digital Content to the order is made by selecting the 'BUY' command under a given Digital Content presented on the Online Store Website. After completing the ordering and selecting a payment option, the Customer makes an order by sending an order form to the Seller by choosing the 'PURCHASE AND PAY' button. Everytime, before the order request is sent to the Seller, the Customer is informed of the total price for the selected Digital Content as well as of all additional costs that the Customer is required to pay regarding the Contract of Sales of the provision of Digital Content.
Everytime the Customer makes an order, information is given about the extent, time, and conditions of using the purchased Digital Content, depending on the selected option.
4. When the subject matter of the Contract of Sale is related to the provision of Digital Content that is not stored on physical data storage device, the Customer may agree to the commencement of service provision before agreement withdrawal period by selecting appropriate field in the registration form.
5. Making an order by the Customer constitutes a Contract of Sale offer to the Seller.
6. After placing an order, the Seller sends an email to the Customer's email address, containing the confirmation that the account has been created and the Contract of Sale has been concluded.
7. The Seller sends proof of purchase regarding provided Digital Content onto the Customer's address.
8. After concluding the Contract of Sale, the Seller confirms its terms and conditions to the Customer by sending them on a Durable Medium onto the Customer's email address or in writing to the address provided during the registration or ordering process.
§ 6 Payments
1. The prices on the Online Store Website are gross prices.
2. The Customer may choose the following payment options:
a) Bank transfer onto the Seller's bank account (in this case the execution of the order starts after the Seller has sent to the Customer a confirmation of receiving the order request and after the payment has been successfully transferred to the Seller's bank account);
b) Payment card or bank transfer through the external payment system PayPal, operated by the company PayPal (Europe) S.à r.l. & Cie, S.C.A., based in Luxembourg (in this case the execution of the order starts after the Seller has sent to the Customer a confirmation of receiving the order request and after the Seller has received information from PayPal system that the payment from the Customer has been transferred successfully);
c) Payment card or bank transfer through the external payment system Western Union, operated by the company Western Union Ltd., based in the USA (in this case the execution of the order starts after the Seller has sent to the Customer a confirmation of receiving the order request and after the Seller has received information from Western Union system that the payment from the Customer has been transferred successfully).
3. The Customer is required to make a payment for the order with the appropriate price stated in the Contract of Sale within 2 workdays, if the advance payment option has been selected.
4. If the Customer does not make the payment within the period of time mentioned in §6 pt. 3 of the Terms and Conditions, the Seller gives the Customer an additional period of time to make the payment and informs the Customer of this, using a Durable Medium. The information about the additional period of time for making the payment also contains information that after the extended period of time ends without receiving the payment, the Seller shall withdraw from the Contract of Sale. If the extented period of time has ended without receiving the payment, the Seller shall send to the Customer a statement of withdrawal from the Contract of Sale based on Article 491 of the Civil Code. The statement shall be sent on a Durable Medium.
§ 7 Delivery
1. The Seller is obligated to provide Digital Content that is the subject matter of the Contract of Sale of the Provision of Digital Content without any flaws.
2. The Seller submits information on the Online Store Website regarding the number of workdays necessary for delivering and completing the order.
3. Delivery time and completion time, counted in workdays, are shown on the Online Store Website.
Digital Content that has been ordered, which is not stored on a physical data storage device, is provided to the Customer through email, onto the email address provided by the Customer during the ordering process, or is available for download in the Customer Account.
§ 8 Warranty
1. The Seller assures the provision of Digital Content without flaws of physical or legal nature. The Seller is responsible to the Customer if the Digital Content bears physical or legal flaw (warranty).
2. All complaints related to Digital Content or the performance of the Contract of Sale for the provision of Digial Content can be sent by the Customer in writing to the Seller's address.
3. Within 14 days from filing a request containing a complaint, the Seller shall comment on the complaint regarding Digital Content or the complaint regarding the performance of the Contract of Sale for the provision of Digital Content filed by the Customer.
4. The Customer may file a complaint to the Seller regarding the performance of the Contract of Sale, the subject matter of which is the provision of Digital Content. The complaint may be filed in electronic form and sent to the following address: email@example.com. The complaint filed by the Customer should include the description of the existing problem. The Seller shall analyse the complaint and answer the Customer as soon as possible, but not later than within 14 days.
§ 9 Withdrawal from the Contract of Sale
1. The Customer that is a Consumer who has concluded a Contract of Sale on distance, has the right to withdraw from the Contract of Sale within 14 days without giving any reason.
2. The Contract withdrawal period begins at the time of concluding the Contract of Sale.
3. The Consumer may withdraw from the Contract of Sale by sending a withdrawal statement to the Seller. The statement may be filed for example in writing to the Seller's address, through email to the Seller's email address. The statement may be sent using a form made available by the Seller on the Online Store Website at: Withdrawal form. In order to do it on time, the statement has to be sent before the period ends.
4. The Consumer may withdraw from the Contract of Sale by sending a withdrawal statement to the Seller using a form available on the Online Store Website at the following address: Electronic Withdrawal Form. In order to do this on time, the statement needs to be sent before the period ends. The Seller immediately sends a confirmation to the Customer, saying that the form made through the website has been received.
5. In the event of withdrawal from the Contract of Sale, the Contract of Sale shall be regarded as not concluded.
6. If the Consumer made a Contract of Sale withdrawal statement before the Seller accepted his offer, the offer is made void.
7. The Seller is obligated to immediately, not later than within 14 days from receiving the Consumer's Contract of Sale withdrawal statement, send all the Consumer's payments back.
8. The Seller sends the payment back using the same payment option as the option made by the Consumer, unless the Consumer clearly agreed for the payment to be sent using a different method that will not generate any additional costs for him.
9. The right to widraw from the Contract of Sale is not applicable to a Customer who is a Consumer with relation to contracts for provision of Digital Content that is not stored on a physical data storage device, if the fulfillment of obligation began with the Consumer's clear consent before withdrawal period expires and after being informed by the Seller about the forfeiture of the right to withdraw from the Contract of Sale.
§ 10 Unpaid services
1. The Seller provides unpaid electronic services for the Customers:
a) Contact Form;
c) Customer Account Management;
d) Discussion Forum.
2. Services listed above in §10 pt. 1 are provided 7 days a week, 24 hours a day.
3. The Seller holds the right to choose and change the type, form, time, and manner of granting access to selected, above-mentioned services, of which the Customers shall be informed in a way appropriate with the Terms and Conditions.
4. The Contact Form service means sending messages to the Seller using a form available on the Online Store Website.
5. The resignation from the unpaid Contact Form service is possible at any moment and is made by not sending messages to the Seller.
6. The Newsletter service is available for every Customer that provides their email address using the registration form made available by the Seller on the Online Store Website. After sending the completed form, the Customer immediately receives a confirmation email sent by the Seller to the email address provided in the registration form. At this moment the agreement for the provision of the Newsletter service is entered into.
7. The Newsletter service means that the Seller is sending email messages to the email address, containing information about new products or services available in the Seller's offer. The newsletter is sent by the Seller to all Customers who have bought a subscription.
8. Every newsletter directed to the Customers contains most importantly: information about the sender, filled 'Subject' field describing the content of the message as well as the information about the possibility and means of unsubscribing from the unpaid newsletter.
9. The Customer may unsubscribe from the newsletter by using a link included in every email sent within the newsletter service.
10. The Customer Account Management service is available after registering in accordance with the regulations described in Terms and Conditions and means granting the Customer the access to a dedicated panel within the Online Store Website, enabling the Customer to modify the data provided during the Registration, as well as to trace the current order status and completed order history..
11. The successfully registered Customer may file a Customer Account deletion request to the Seller. However, in the event of filing the Customer Account deletion request to the Seller, the account shall be deleted within 14 days from the day the request has been received.
12. The unpaid service of a Discussion Forum on the Online Store Websites means that the Seller enables the Customers to publish individual and subjective posts, including particularily the possibility to ask technical questions to the Seller's Expert.
13. Resignation from the service of a Discussion Forum on the Online Store Websites is possible at any moment and is made by not posting any content by the Customer on the Online Store Websites.
14. The Seller is entitled to block the access to the Customer Account and to unpaid services in the event of the Customer causing harm to the Seller or to other Customers, breaching the law and the Terms and Conditions, and when the access to the Customer Account and unpaid services is blocked for security purposes, especially for: breaching the security measures of the Online Store Websites or other hacking activity. Blocking the access to the Customer Account and unpaid services lasts for a period of time required for solving the issue that is the reason for blocking the access to the Customer Account and unpaid services. The Seller electronically notifies the Customer of blocking the access to the Customer Account and unpaid services by sending an email to the email address provided by the Customer in the Registration form.
15. The Customer may file a complaint related to the use of unpaid electronic services provided by the Seller. The complaint may be filed in electronic form and sent to the following email address: firstname.lastname@example.org. The complaint request should include a description of the existing problem. The Seller shall immediately, but no later than within 14 days, analyse the complaint and give the Customer an answer.
§ 11 Customer Responsibility regarding submitted content
1. By submitting and publishing content, the Customer performs a voluntary content provision. The submitted content does not constitute the Seller's views and should not be identified with the Seller's business. The Seller is not the provider of the content, but the entity who ensures appropriate IT assets.
2. The Customer hereby states that:
a) he or she is entitled to use proprietary rights, industrial property rights, and/or related rights to, respectively: compilations, industrial prioprietary rights assets (e.g. trademarks) and/or related rights assets that constitute content;
b) Submission and sharing personal data, image, and information regarding third parties within the services described in §10 of the Terms and Conditions was made legally, voluntarily and with the consent of the involved individuals;
c) he or she agrees to give access to their submitted content to other Customers and the Seller, and entitles the Seller to use it free of charge, according with the provisions of the Terms and Conditions;
d) he or she agrees to making use of the submitted content for testing and development purposes with the meaning of the Law on copyright and related rights.
3. The Customer is not entitled to:
a) Submit personal data of third parties and publish the image of third parties without a permission required by the law or without the consent of the third party, within the services described in §10 of the Terms and Conditions;
b) Submit marketing and/or promotional content within the services described in §10 of the Terms and Conditions.
4. The Seller is responsible for the content submitted by the Customers on the condition that a permission is received, in accordance with §12 of the Terms and Conditions.
5. The following content is particularily forbidden for the Customers to submit within the services described in §10 of the Terms and Conditions:
a) Content that might be submitted in bad faith, e.g. with the purpose of infringing personal goods of third parties;
b) Content that might infringe any rights of third parties, including rights related to copyright, proprietary and related rights, industrial property rights, professional secrecy or related to confidentiality obligations;
c) Content that might be offensive or threatening towards others, explicit language (e.g. swear words, or terms generally considered as offensive);
d) Content that is contrary to the Seller's business;
e) Content that might in various ways breach the Terms and Conditions, good manners, regulations of the existing law, social or cultural standards.
6. In the event of receiving a notification in accordance with §12 of the Terms and Conditions, the Seller reserves the right to modify or remove the content submitted by the Customers within the services described in §10 of the Terms and Conditions, especially regarding the content, which – based on the reports from third parties or aprropriated authorities – is considered as an infringement of the Terms and Conditions or the existing law. The Seller does not control the submitted content on an ongoing basis.
7. The Customer agrees to the unpaid use of submitted content by the Seller within the Online Store Website.
§ 12 Reporting dangerous activity or breach of law
1. In a situation where a Customer or another person or entity comes to a conclusion that the content published on the Online Store Website causes harm to their rights, personal goods, good manners, feelings, morality, views, fair competition rules, know-how, secrets protected by law or by obligation, they may notify the Seller about the potential breach.
2. Having been notified about the potential breach, the Seller shall take immediate measures to remove the content that causes the breach from the Online Store Website.
§ 13 Protection of Personal Data
§ 14 Sale of the Provision of Electronic Services Contract Termination
1. Both the Customer and the Seller may terminate the Contract of Sale of electronic services provision at any time and without any reason, subject to the rights acquired by the other party before the termination of the above-mentioned contract and subject to provisions stated below.
2. The Seller may terminate the contract of Digital Content provision, especially in a situation where a Customer breaches the conditions of Digital Content use described in the Terms and Conditions.
3. A Customer who completed the Registration may terminate the electronic services provision contract by sending appropriate declaration of will to the Seller, using any means of distance communication which can enable the Seller to become familiarised with the Customer's declaration of will.
4.The Seller terminates the electronic services provision contract by sending appropriate declartion of will to the Customer's email address that the Customer provided during the Registration.
§ 15 Final provisions
1. The Seller bears no responsibility for non-fulfillment or insufficient fullfilment of the contract. However, in the case of contracts concluded with the Customers who are Entrepreneurs, the Seller bears responsibility only in the event of causing deliberate harm and within the limits of actual damage done to the Customer who is an Entrepreneur.
2. The content of the Terms and Conditions may be preserved by printing, saving it on a data storage device or downloading it at any moment from the Online Store Website.
3. In the event of a dispute on the grounds of the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. The law applicable to the settlement of any disputes arising from the Terms and Conditions is governed by the Polish law.
4. Every Customer may use alternative ways of complaint and claims resolution. In this situation it is possible for the Customer to use mediation. The list of current mediators and available mediation centers is provided and published by the presidents of respective Regional Courts. A Customer who is a Consumer may also use alternative ways of complaint and claims resolution by filing their complaint through ODR internet platform operated by the EU, available at the following address: http://ec.europa.eu/consumers/odr/
5. The Seller reserves the right to change the Terms and Conditions. All orders accepted for execution by the Seller before the day the new Terms and Conditions come into force shall be carried out in accordance with the Terms and Conditions that were in force the day the order was placed by the Customer. The change in the Terms and Regulations comes into force within 7 days from the day they were posted on the Online Store Website. 7 days before the new Terms and Conditions come into force, the Seller shall inform the Customer of the change in the Terms and Conditions using a message sent in electronic form which shall contain a link to the changed content of the Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, the Customer is required to inform the Seller about this fact, which will lead to the termination of the contract in accordance with §14 of the Terms and Conditions.
6. Terms and Conditions come into force on 25.05.2018.