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Website Terms & Conditions

The use of this Website is conditioned upon the User having read and accepted the Terms & Conditions and the Privacy Policy, which can be found below. By entering and using this Website, and in particular the services available, the User acknowledges that they have read and understood the Terms & Conditions and the Privacy Policy, and that they agree to be bound by them.

TERMS & CONDITIONS

The Terms and Conditions define the operating rules and principles the Website and of the provision and use of services; in particular, they regulate the issue of the rights and obligations of Users, as well as the rights and duties of the Administrator. Certain services offered by the Administrator may be regulated by separate regulations. In such a case, those regulations take take precedence over the Terms and Conditions laid out below.

§ 1 Definitions

  1. Administrator – mPTech Sp. z o.o. with its registered office in Warsaw at ul. Nowogrodzka 31, 00-511 Warsaw, entered into the register of entrepreneurs at the District Court in Warsaw, 12th Commercial Division of the National Court Register under number 243245; with the share capital of PLN 7,328,000 and the NIP Tax Identification Number: 895-18-45-043. Telephone: +48 71 71 77 400 (standard call fee – according to the applicable operator); e-mail address: pomoc@myphone.pl;

  2. Newsletter – a collection of information that is sent, at specified time intervals, by the Administrator to the e-mail address specified by the User, containing information, promotional and/or advertising content (service);

  3. Partners – entities that, in the course of commercial activity, sell Products and are recommended by the Administrator through the publication of information on the Website;

  4. Terms and Conditions – the Terms and Conditions laid out herein;

  5. Website – Internet website available at: http://myphone.pl/, which is owned by the Administrator, and which is aimed at, in particular, the presentation of the Products;

  6. Online Store – the shop run by the Administrator online at the following address: www.sklep.myphone.pl, through which it is possible to purchase Products via the Internet;

  7. Products – items offered for sale by the Administrator, which can be purchased at the Online Store (run separately from the Website) or from the Partners;

  8. User – a person using the Website or receiving the Newsletter.

§ 2 General Provisions

  1. Using the Website by the Users is free of charge.
  2. The necessary prerequisites for the free and unrestricted use of the Website are:

    1. personal computer, laptop or other multimedia device with Internet access and a web browser;

    2. Internet browser (minimum version requirements: Internet Explorer 9, Chrome 15, Firefox 10, Opera 11, Safari 5 or later), with CSS and JavaScript enabled;

    3. cookies enabled.
  3. The ability to use the Website may depend on the User’s individual hardware configuration and software settings.
  4. Through the Website, the Users may, in particular:
    1. browse information on the Products;
    2. browse information concerning the Partners;
    3. read the reviews and opinions concerning the Products.
  1. The Newsletter is made available within the framework of the Website.
  2. The Products cannot be purchased directly from the Website.
  3. The information presented on the Website is general in nature and should not constitute the sole basis for a purchase decision without taking into consideration the more accurate, complete or up-to-date information available at the Online Store or from the Partners.
  4. It is forbidden for the User to use the Website or individual services available through the Website in violation of the law, decency or the legitimate interests of the Administrator.
  5. The User is required to use the Website for its intended purpose and to refrain from any actions which might interfere with the proper functioning of the Website. Such actions include, in particular:

    1. interference with the use of the Website by any other person, including preventing the use of the Website by other Users;

    2. interference with the contents of the Website.
  6. The Administrator will make every effort to ensure the continuous operation of the Website. The Administrator reserves the right to temporarily disable access to the Website for the purposes of maintenance, repair, update, or review.
  7. In cases when links to third party websites are made available through the Website, the Administrator is not responsible for the contents of such websites or their accessibility.

§ 3 Newsletter

  1. The use of the Newsletter service is conditional upon the User having access to a computer, laptop or other multimedia device with Internet access and a web browser; the User also needs to have an active e-mail account.

  2. The User may subscribe to the Newsletter service by entering their e-mail address on the Registration Form provided by the Administrator on the Website.

  3. Following the submission of the Registration Form mentioned in Paragraph §3 section 2 of the Terms and Conditions, the User will receive a confirmation of subscription to the Newsletter service from the Administrator via e-mail to the address provided in the Registration Form.

  4. Upon receipt of the message referred to in Paragraph §3 section 3 of the Terms and Conditions, the agreement is concluded for the provision of the electronic Newsletter service.

  5. The User can at any time, without giving any reason whatsoever and at no cost, change the previously indicated e-mail address to which the Newsletter is sent.

  6. The User can at any time unsubscribe from the Newsletter by sending a statement of resignation from subscription to the following e-mail address: marketing@myphone.pl.

  7. Complaints concerning the Newsletter service can be submitted via e-mail to the following address: marketing@myphone.pl. The complaint should include, at least, the User’s full name and the e-mail address to which the reply is to be sent, as well as a description of the reservations concerning the subject matter, along with the User’s request associated with complaint that is being submitted.

§ 4 Intellectual Property

  1. The copyrights to the elements of the Website, including logos and content contained on the Website, as well as the layout and composition of these elements (i.e. the Layout) are the property of the Administrator.
  2. The User is not authorized to copy, distribute, reproduce or modify any of the contents presented on the Website without the express consent of the Administrator.

§ 5 Personal Information

  1. The use of the Website or any of its services may require the User to provide their personal information. In such a case, not making personal data available, providing false personal information, the lack of consent to the processing of personal data, or withdrawal of such consent may limit the User’s ability to use the Website or any of its services.

  2. The Users’ personal information is protected under the Act of 29 August 1997 on the Protection of Personal Data (i.e. Polish Journal of Laws No. 101 of 2002, item 926, as amended).

  3. The User is entitled to having access to their personal data entrusted to the Administrator. The User has the right to request making necessary updates to such data, and to request their removal from the Administrator’s database.

  4. The User is entitled to obtaining information on whether their personal data are processed, and to what extent, as well as information on the purpose and scope of the processing of their personal data.

  5. The User may withdraw consent to the processing of their personal data, and to receive the Newsletter. In order to revoke an any of the consents, the User should contact the Seller by sending an e-mail to the following address: marketing@myphone.pl.

§ 6 Complaints

  1. Any complaints regarding the operation of the Website or the services provided should be reported immediately to the Administrator via e-mail to the following address: pomoc@myphone.pl.
  2. The complaint should include, at least, the User’s full name and the e-mail address to which the reply is to be sent, as well as a description of the reservations concerning the subject matter, along with the User’s request associated with complaint that is being submitted.
  3. The Administrator shall consider the complaint submitted by the User within 14 days of the date of its submission.
  4. In cases where the data or information provided in the complaint needs to be supplemented, the Administrator will request that the User submitting the complaint should supplement the missing information within the indicated range prior to considering the complaint itself.

§ 7 Final Provisions

  1. The Administrator reserves the right to change and amend the Terms and Conditions presented herein. Any amendments to the Terms and Conditions come into force on the date specified by the Administrator, but not less than seven days from the date of publishing them online at the following address: http: //myphone.pl/.

  2. Irrespective of publishing the information concerning the amendments to the Terms and Conditions online at: http: //myphone.pl/.

  3. To all matters not settled herein, appropriate provisions of the Polish law shall respectively apply; in particular, the provisions of the Polish Civil Code, the Act of 29 August 1997 on the Protection of Personal Data (i.e. Polish Journal of Laws of 2014, item 1182) and the Act of 18 July 2002 on Providing Services by Electronic Means (i.e. Polish Journal of Laws of 2013, item 1422).

  4. Any dispute arising under the Terms and Conditions shall be determined in accordance with the law of the Republic of Poland.
  5. All disputes arising in the course of using this Website by the Users shall be determined by:
    1. in the case of Users who are consumers – by an appropriate common court; at the same time, the consumer has the ability to use out-of-court means of dealing with complaints and claims, in particular:
      1. submit a request for mediation to Mediation Centre attached to the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, according to the rules and regulations of the Centre. The above does not constitute a contract for mediation or consent of the Seller to consumer-requested mediation. The Rules of the Mediation Centre attached to the Court of Arbitration at the Polish Chamber of Commerce in Warsaw are available online at: https://www.sakig.pl/en/mediation/rules.

      2. legal assistance free of charge can be requested from a local (district or municipal) consumer ombudsman, or a social organization, whose statutory tasks include consumer protection.
    2. in the case of disputes with Users who are not consumers, by the competent court having jurisdiction over the Administrator’s registered office.
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