§ 1. General Provisions
- The hereby regulations, hereinafter referred to as the “Regulations”, define the principles of providing services by electronic means by the Service Provider within the website of www.bertrand.pl, hereinafter referred to as the “Website”, and the principles of protection of personal data of the Website Users and other entities using the E-Services.
- Enabling the use of the Website constitutes an E-service provided by electronic means by the Service Provider on behalf of the Registered Users, within the meaning of the Act of 18 July, 2002, on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended.)- further, as an act on the provision of services by electronic means based on an agreement concluded by and between the Service Recipient and the Service Provider, and on the hereby Regulations.
- The Regulations apply to all services provided by electronic means within the Website, excluding services being subject to separate regulations.The Service Provider defines on the Website what types of services are provided on the basis of separate regulations.
- Any natural person, legal person or organizational unit without the legal personality, which has the ability to connect to the public Internet network, has access to the Website on the terms set out in these Regulations.
- The Regulations are made available to Service Recipients free of charge, via the Website, in the form which makes it possible to download, save and print the Regulations.
- Service Recipients, prior to using the Website, are obliged to read the Regulations.
- Each Service Recipient is obliged to comply with the provisions of the Regulations from the moment of commencement using the Services.
Terms used in the Regulations Mean:
- Service Provider – BERTRAND limited liability company and limited partnership with its registered office in Luzino at ul.Wejherowska 12, 84-242 Luzino, entered in the Register of Entrepreneurs by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register under the KRS number:0000375408, NIP:5881946629, REGON:192042297, email: email@example.com.
- Service Recipient – a natural person, legal person or an organizational unit without legal personality, which uses a service provided by electronic means by the Service Provider,
- Services – offering online information, in particular commercial information, regarding the company BERTRAND sp. z o.o. sp.k., and the products and services it offers, presented by electronic means by the Service Provider on behalf of the Service Recipients, on the basis of the hereby Regulations.
§ 3.Types and the Scope of Services:
- As part of the provision of Services, the Service Provider, in particular:
- publishes the catalogues and price lists of its products and services on the Website;
- offers the possibility of contacting the Service Provider via a contact form.
- The offer to provide Services via the Website is valid until the Service Provider suspends or ceases their provision.
§ 4.Technical Requirements for the Use of the Website:
- Services are provided to the Service Recipients who meet the following technical requirements:
- have a connection to the public Internet network,
- have a web browser, which allows you to display on a computer screen HTML documents with the option of accepting the cookies files.
- In order to use the Services in a proper way, the Service Recipient should have computer hardware and software meeting the following minimum requirements:
- web browser in the up to date version,
- computer screen with the resolution required by a browser
- If the Service User uses the equipment or software that does not meet the technical requirements set out in the paragraph 1-2 above, the Service Provider does not guarantee the proper functioning of the Website and informs, that such situation may have a negative impact on the quality of services provided.
§ 5.Protection of Personal Data
- The personal data of a Service User are processed by the Service Provider acting as the Administrator in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the repeal of Directive 95/46/EC (General Data Protection Regulation – the so-called “GDPR”.)
- The Administrator of the personal data is BERTRAND limited liability company and limited partnership with its registered office in Luzino at ul.Wejherowska 12, 84-242 Luzino, entered in the Register of Entrepreneurs by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register under the KRS number:0000375408, NIP:5881946629, REGON:192042297.
- The Administrator appointed the Data Protection Officer, with whom contact is possible at the following email address: firstname.lastname@example.org.
- Personal data obtained by the Administrator will be processed for the purpose of execution of the agreement, to which party is the data subject, or to take action at the request of the data subject, prior to the conclusion of the agreement (Article 6.1 (b) of the GDPR,) when the data processing will be necessary to fulfil the legal obligation of the Administrator (Article 6.1 (c) of the GDPR,) and if it will be necessary to implement the legitimate interests of the Administrator, such as debt collection or defence against claims (Article 6.1 (f) of the GDPR.)
- Recipients of personal data obtained by the Administrator may be banks, courier companies or insurers.
- Personal data will not be transferred to a third country or to an international organization.
- Personal data will be stored until the end of the limitation period for claims resulting from concluded agreements, i.e. No longer than for 10 years.
- The data subject has the right to access his/her personal data and the right to rectify, delete, limit processing, the right to data transfer, and the right to object.
- If the data subject assumes that the processing of his/her personal data violates the provisions of the GDPR, he/she has the right to file a complaint with GIODO/the President of the Office for the Protection of Personal Data.
- Providing personal data is voluntary, but it is a condition for the conclusion of the agreement and the performance of statutory duties by the Administrator.
- The data will not be processed in an automated way, including in the form of profiling.
- According to Art. 21.4 of the GDPR we hereby inform, that the data subject has the right to object to the processing of his/her personal data.The objection should be submitted to the Data Protection Supervisor, whose contact details are indicated in point 2.According to Art. 21.1 of the GDPR, when you submit the objection, you need to indicate reasons related to your specific situation.
§ 6.Using the Website
- By using the Website of the Service Provider, the Service Receiver undertakes to comply with the generally applicable provisions of law and the provisions of the hereby Regulations
- By using the Website of the Service Provider, the Service Receiver undertakes not to publish or upload to the Website content or links to any web pages violating the rights and well-being of any third parties, having a private content, calling for racial, ethnic, religious or cultural hate or propagating pornography and violence, as well as content commonly recognized as morally and socially reprehensible.
§ 7.Rights and Obligations of the Parties
- The Service Provider undertakes to provide the Services by electronic means in accordance with the Act on the Provision of E-services, the hereby Regulations and with respect for the generally applicable laws
- The Service Provider shall endeavour to ensure that the Website functions in a proper and continuous manner.The Service Provider stipulates, that there may be interruptions in the functioning of the Website in order to update data, repair errors and carry out other maintenance work.The Service Provider is not obliged to inform about the planned break in the functioning of the Website, however, it will make every effort to ensure that the appropriate message about the interruption in the provision of the services is posted on the Website in time.The Service Provider will also make every effort to ensure, that the total break time in the provision of the free services shall not exceed 12 hours in a calendar month.
- It is unacceptable for a Service Recipient to use the Services in a manner contrary to law, good practices or infringing legitimate interests of the Service Provider
- It is unacceptable for a Service recipient to publish on the Website any illegal content.
- The Service Provider stipulates, that all messages and materials available on the Website (in particular graphics, articles, photos) are protected by copyright.The Service Recipient has the right to use them only as part of the permitted personal use.Copying, reproduction, dissemination in the Internet and any other forms of using the materials and messages published on the Website beyond the limits permitted by law is possible only on the basis of a separate agreement concluded with the Service Provider in writing, under pain of nullity.
- If the Service Provider receives information about the use by a Service Recipient of the Service provided by electronic means in violation of the Regulations or the applicable laws (unauthorized use,) the Service Provider may process the personal data of the Service Recipient to the extent necessary to determine the responsibility of the Service Recipient, provided that for reasons of evidence records the fact and the content of the acquired content.The Service Provider may also notify the Service Recipient about its unauthorized activities with the request to immediately stop them.
- The Service Provider stipulates, that the use of the Website is at own cost and risk of a Service Recipient.
- The Service Provider is not responsible:
- for any damages caused as a result of using the Website by Service Recipients in an illicit manner or inconsistent with the Regulations;
- for any damages caused by the disclosure of personal data in accordance with the Regulations.
- The Service Provider is not liable for the provision of Services by electronic means in accordance with the exclusion referred to in the Art. 12-15 of the Act on the Provision of Services by Electronic Means.
§ 9.Conditions for concluding and terminating agreements for the provision of Services by electronic means.
- The conclusion of an agreement for the provision of Services by electronic means becomes effective at the time, when a Service Recipient commences using the Website.
- The Service Provider provides the opportunity to become acquainted with the hereby Regulations prior to entering into an agreement for the provision of Services by electronic means.
- Service Recipient has the right to stop at any time using the given Service provided by electronic means.In the case of termination of use and leaving the Website by the Service Recipient, the agreement for the provision of Services by electronic means is terminated without the necessity for a Service Recipient to submit an appropriate statement.
§ 10.Complaint Procedures
- Complaints regarding the Services by electronic means provided by the Service Provider on the basis of the hereby Regulations, the Service Recipient may submit in writing, by a registered letter to the Service Provider’s address, within 7 days from the date of the occurrence of the cause for the submission of complaint.
- The complaint must include the name, surname and postal address of the Service Recipient, and a brief description of the subject of the complaint.
- Complaints will be considered within 14 days from the date of receipt of the registered letter by the Service Provider.
- When considering a complaint, the Service Provider will apply the provisions of the hereby Regulations and the generally applicable provisions of law.
- Of the decision of the Service Provider, the Service Recipient will be notified in writing, in a letter sent to the address provided in the registered letter containing the complaint.
§ 11 Final Provisions
- The Service Provider has the right to unilaterally amend the Regulations, subject to retaining the rights the Service Recipients have already acquired.About any amendments to the hereby Regulations, a Service Recipient will be informed in the form of an appropriate message on the Website.
- The Services provided by electronic means under these Regulations shall be governed by the generally applicable provisions of law, in particular the Act of April 23, 1964 – the Civil Code and the Act of July 18, 2002 on the Provision of Services by Electronic Means.
- The hereby Regulations shall enter into force on May 25, 2018.