TERMS OF USE OF THE INTERNET WEBSITE

1. The present Terms of Service stipulates the general conditions, principles and means of rendering of online services by Alnor Systemy Wentylacji sp. z o.o. with registered office in Warsaw, as part of the website www.alnor.com.pl (hereinafter referred to as the “Website”).

§ 1 Definitions

1. the Consumer - shall stand for a natural person performing acts in law that are otherwise directly unrelated to that person’s professional or business operations.
2. the Enterprise - shall stand for a legal entity or a natural person, or an organization which does not constitute a legal entity, granted legal capacity by an Act of Law, which is running a professional or business operation in its own name.
3. Terms of Service - shall stand for the present Terms of Use of the Website.
4. Service Provider - shall stand for Alnor Systemy Wentylacji sp. z o.o. with registered office in Warszawa at 8b Zwierzyniecka street, entered into the National Court Register under the number 0000038889, NIP no.: 521-10-68-747, Regon no.: 010685817; e-mail: alnor@alnor.com.pl, remaining at the same time the owner of the Website.
5. the Website - shall stand for the Internet pages used by the Service Provider to run the Online Service, hosted at the www.alnor.com.pl domain.
6. User – shall stand for the Consumer or the Enterprise.

§ 2 General terms

1. All rights to the Website, including proprietary copyrights, intellectual property rights to the name, Internet domain, Service Website, as well as the templates, forms, logos and all content rest with the Service Provider, they can be used only in accordance with the stipulations of the Terms of Service.
2. The online service shall be made available by the Service Provider on the Internet, by means of the Website, constituting an information technology system resource.
3. The Service Provider reserves the right to host advertising content of third parties by means of the Website in forms used on the Internet.
4. Information hosted on the Website does not constitute an offer as understood by the Civil Code, the present stipulation shall apply in particular to the product catalog as as well as the price list, which may be amended at any time.

§ 3 Using the Online Service

1. The use of the Online Service shall constitute any action by the User to access the content hosted on the Website.
2. Use of the Online Service is subject to the stipulations and regulations as in the Terms of Service.
3. The Service Provider shall make every effort to enable the use of the Online Service for persons using the Internet by means of all the major Internet browser applications, operating systems, personal computers as well as types of internet connections. The Service Provider does not guarantee and shall not be responsible for allowing all possible configuration variants of the Users’ electronic devices to access the Online Service. Minimum technical requirements to access the Website, subject to the above mentioned provisions, shall be an Internet browser with enabled Javascript and an installed Adobe Flash plugin version at least 10.0, with no systems to block Flash objects and accepting “cookie” files.
4. The User accessing the Online Service is not authorized to interfere with the content, structure, form, graphics, operating mechanism of the Online Service and Website.
5. Users are authorized to access and use the Online Service resources exclusively for their own personal use. It is not permissible to use the resources and functions of the Online service by the User to run any type of activity which would encroach the interests of the Service Provider.
6. The Service Provider declares that the public nature of the Internet and the use of online services may carry a risk of obtaining and modifying User data by unauthorized persons, hence, Users are obligated to use appropriate technical measures to limit the above mentioned danger. In particular, Users are obligated to use anti-virus software and applications to protect the identity of Users online.
7. Service Provider shall create and implement measures to protect against unauthorized access or copying of contents hosted on the Website. In the event of deployment of any above mentioned measures by the Service Provider, Users are obligated to refrain from any actions to remove or circumvent such measures or solutions.

§ 4 Services

1. Service Provider shall supply the Users with a free, online Newsletter service.
2. The service as per §4 pt. 1 above shall be rendered 24 hours a day, 7 days per week.
3. Service Provider reserves the right to select and change the type form, time and means of accessing the service, which shall be communicated to the Users in an acceptable way otherwise used to notify about the amendments to the Terms of Service.
4. The Newsletter service may be accessed by any User who provides his or her electronic mail address by means of the registration form made available by the Service Provider on the Website and who makes a subscription to the Newsletter by means of the appropriate function.
5. By making a subscription to the Newsletter, the User gives consent to process his or her personal data for marketing purposes. In such an event, the Service Provider shall expressly inform the User about the purpose of collecting and processing personal data, as well as the known and possible recipients of such data. Consent to process personal data for marketing purposes is based on the assumption that:
   1. the consent is voluntary and may be withdrawn at any time;
   2. the User whose personal data are stored and processed has the right to access his or her personal data and amend or delete them;
   3. entrusting personal data to the Service Provider requires marking an appropriate selection box in the registration form.
6. Consent for the processing of personal data for marketing purposes shall stand for, in particular, agreeing to receive marketing information from the Service Provider or advertisers collaborating with the Service Provider on the User’s electronic mail address provided in the registration form.
7. After sending a filled out registration form, the User shall immediately receive a request to confirm the registration on his or her electronic mail address specified in the registration form.
8. Additionally, the user can use the link provided in the electronic message to activate the Newsletter service.
9. The Newsletter service constitutes sending electronic messages containing information about new products and services offered by the Service Provider to the User’s electronic mail address. The Newsletter is sent by the Service Provider to all Users who made subscriptions.
10. Each Newsletter addressed to these Users shall contain in particular:
    1. information about the sender;
    2. filled out “subject” field which describes the dispatch content, and
    3. the information about the possibility and means to unsubscribe from the free Newsletter service.
11. The User may submit his or her comments to the Service Provider as regards the use of the above mentioned free services. The comments should be submitted in electronic form. The Service Provider shall, if possible, but no later than 21 (twenty one) business days, reply to any justified reservations made by the User, which shall be sent to the electronic mail address specified by the User in the comment.
12. The User may cease to receive the Newsletter at any time by unsubscribing by means of a link which should be provided in each electronic mail sent as part of the Newsletter service.
13. In order to stop receiving marketing information, the User should inform the Service Provider about such request via electronic mail.

§ 5 Complaints

1. The User may file a complaint to the Service Provider with regards to the use of the free, online service rendered by the Service Provider. The complaint may be filed in electronic form and sent to the electronic mail address of the Service Provider. The User is obligated to provide a description of the encountered problem in the complaint. Service Provider shall process the complaint, immediately if possible, but no later than within 14 business days, and submit an answer to the User’s electronic mail address provided in the complaint.

§ 6 Responsibilities

1. The rendering of the online service by the Service Provider and access to the Website may be lawfully disrupted or interrupted for the following reasons:

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  1. modification, modernization, expansion or maintenance of the IT system, or the Service Provider’s software;
  2. force majeure, action or inaction of third parties (beyond the control of the Service Provider).

1. The Service Provider shall be responsible for failure to provide or failure to adequately provide the online service, however, when it comes to the execution of contracts between Users who are Enterprises the Service Provider shall only be responsible for actual, intentional damages within the boundary of actual damages and losses incurred by the User who is an Enterprise.
2. The Service Provider shall not be responsible for failure to provide or adequately provide the online service if it was due to fault by a third party (in particular telecommunications companies, Internet service providers and suppliers of electrical energy). Service Provider shall however be responsible for own action or inaction as well as action or inaction of persons contracted to assist in provision of the online service as well as persons entrusted with the performance of such services.
3. Service Provider shall not be liable for damages caused by action or inaction by the Users, in particular when they are related to using the Website in a manner which does not conform to the applicable regulations of law or the Terms of Service.
4. The exclusive grounds for liability of the Service Provider shall be the current Terms of Service and the mandatory regulations of law.

§ 7 Personal data and “Cookie” files

1. Service Provider shall be the Administrator of the personal data of the Users which are voluntarily handed over as part of the rendering of the Newsletter service.
2. Personal data shall be processed by the Service Provider exclusively on the basis of the consent given for the processing of personal data, and exclusively for the reasons directly related to the provision of online service by the Service Provider and any other goals as stipulated in the Terms of Service.
3. Gathering of personal data by the Service Provider shall be reported by the Service Provider to the General Inspector for the Protection of Personal Data.
4. Personal data are handed over to the Service Provider voluntarily.
5. Every person who hands over his or her personal data to the Service Provider shall have the right to access this data, amend or delete them.
6. Service Provider shall enable the removal of the gathered personal data from the kept database. Service Provider has the right to refuse to remove the personal data if the User has violated the regulations of the law, and keeping the personal data shall be mandatory for the proceedings leading to ascertain the extent of the User’s responsibility.
7. Service Provider shall protect all entrusted personal data and shall make every effort to secure them from unauthorized use or access. The gathering of User’s personal data shall be treated as a separate database kept on the Service Provider’s server in a special secure area which allows for an appropriate level of protection.
8. The Service Provider shall not hand over, sell nor otherwise make available the gathered Users’ personal data to other persons or institutions, unless expressly agreed by the User or expressly required by law, or ordered by court, prosecution service, police or any other duly authorized body in the event of violation of law by any of the Users.
9. The Service Provider reserves the right to disclose to companies and websites collaborating with the Service Provider general, aggregated data related to the Users. Such data shall apply to the number of views of the individual webpages of the Online Service Website and shall not contain any personal data of the User’s.
10. The Service Provider shall use “cookie” files which are saved by the Service Provider’s server on the User’s terminal equipment hard drive when the User is browsing the Website.
11. “Cookie” files are used exclusively to improve the operation of the Website on the User’s terminal. The mechanism does not in any way damage or destroy the User’s terminal, nor does it make any changes to the configuration of the terminal, nor to any software installed on it. “Cookies” are not used to identify individual users.
12. Service Provider shall use “cookie” files to the following ends:

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  1. to save information on the User’s terminal;
  2. to verify and develop the product offer;
  3. to gather statistical data.

1. Each User may turn off “cookie” files in the web browser of his or her terminal. Service Provider shall however indicate that disabling “cookies” may interfere with or prevent proper operation of the Website.

§ 8 Termination of the agreement

1.  Each Party has the right to terminate the agreement for provision of online services at any time and without justification, with reservation that the other Party shall keep the acquired rights from before the termination hereto, subject to provisions below.

2.  The User subscribing to the Newsletter shall terminate the agreement for provision of online services by submitting a request to remove his or her e-mail address from the subscribers database via any means of remote communication enabling the Service Provider to read the User’s statement of will; however, the termination of the agreement shall happen after the notice period of 7 (seven) days.

3.  Service Provider shall terminate the agreement for provision of online services by sending an appropriate statement of will to the User to the e-mail address provided by the User upon registration and subscribing to the Newsletter.

§ 9 Final stipulations and amendment of the Terms of Service

1.  The Terms of Service are effective on the day of publishing on the Website and shall supersede any previous Terms of Service for the Website.

2.  The contents of the present Terms of Service may be recorded by printing, saving to a portable media or by downloading it from the Website at any time.

3.  The Terms of Service is subject to change. Changes hereto shall be communicated to every User by means of publishing an appropriate statement by the Service Provider on the main page of the Website, stating that the Terms of Service has changed and listing the appropriate changes. Users subscribing to the Newsletter shall additionally be notified by the Service Provider via a message sent to the e-mail address indicated in the registration form, which shall list the changes to the Terms of Service.

4.  Notification about the changes to the Terms of Service as described above, shall happen no later than 7 (seven) business days before the amended Terms of Service shall become effective. In the event that the User who subscribed to the Newsletter does not accept the amended Terms of Service, he or she is obligated to inform the Service Provider of the fact within 7 (seven) days of the date of being informed about the changes to the Terms of Service. Failure to accept the amended Terms of Service shall result in the termination of the agreement as per §8.

5.  If any stipulation of the Terms of Service becomes ineffective or inconsistent with the currently applicable regulations, such stipulations are to be interpreted in a way which conforms with the currently applicable law and so that the stipulations in question are interpreted as closely to the original intent as possible. The above does not in any way affect or invalidate any other stipulations hereto.

6.  Applicable law for settlement of any disputes related to the execution of the present Terms of Service shall be the law of the Republic of Poland.

7.  The Terms of Service are effective as of 01.12.2012