GENERAL TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE
I. PREAMBLE
1. This document sets out the terms and conditions for accessing and using the website, hereinafter referred to as “General Terms and Conditions”.
2. Each user is obliged to read, comply with and accept the General Terms and Conditions, without limitation or qualification, as soon as he/she starts to use the website.
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 respective owners and are used for identification purposes only. They may be registered trademarks.
5. Unauthorised use of the content of the website, works or information, as well as unauthorised reproduction, retransmission or other use of any element of the website is prohibited, as such action may infringe, inter alia, copyright or protected trademarks.
6. Questions or comments about the website can be submitted to the following email address:
info@formatwood.com.
II. DEFINITIONS
1. CONTACT FORM – a questionnaire available on the website which allows you to send an instant 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 concerning the website at 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, called: www.formatwood.com, for the provision of electronic services;
5. USER – a natural person, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, using the electronic services available on the website;
6. TERMS and CONDITIONS – the set of all provisions of, inter alia, these General Terms and Conditions, the Privacy Policy, cookies, the Terms and Conditions of Use of the online shop and any other terms and conditions found on the website that relate to specific features, functions or promotions, as well as customer service;
7. the OWNER – the entity making this website available, namely: FORM AT WOOD Sp z o.o. with its registered office at: ul. Technologiczna 2, 45-839 Opole, entered in the register of entrepreneurs kept by the District Court in Opole, 8th Commercial Division, under KRS number: 0000772013, TIN: PL7543210165;
III. SCOPE OF THE CONDITIONS
1. The owner shall provide access to the content of the website in accordance with the following General Conditions.
2. The content and data published on the website are for the information of interested parties and may be used for information purposes only.
3. Users may use the access and services offered on the website subject to their prior agreement to the General Terms and Conditions.
IV. RULES FOR THE USE OF THE WEBSITE
1. The website is supported by all types of Internet browsers. No special characteristics of the User’s terminal device are required.
2. Once you have accepted the Terms and Conditions, you are entitled 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. The use and copying of software, processes and technologies which form part of the website is prohibited.
4. Users may only use the website in compliance with the provisions of the Telecommunications Act, the Act on the Provision of Electronic Services and the relevant provisions of civil law.
5. the use of the website is prohibited:
a. in a manner which leads to a breach of applicable laws;
b. in any unlawful or fraudulent manner or with the intention of achieving an unlawful or fraudulent purpose;
c. for the purpose of causing harm or attempting to cause harm to children in any way;
d. to send, knowingly receive, upload or use content that does not comply with the General Terms and Conditions;
e. to transmit or solicit the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar material which falls under the collective category of SPAM;
f. to knowingly transmit any data, send or upload any material containing viruses, Trojan, spyware, adware or any other harmful program or similar computer code programmed to adversely affect or compromise the operation of any computer software or hardware or adversely affect or compromise 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/her preferences. They are used, among other things, for advertising and statistical purposes and
to adapt the website to the User’s individual needs.
2. Cookies are pieces of information that contain a unique reference code that a website sends to the User’s device in order to store and sometimes track information relating to the device used. They do not usually allow the User’s person to be identified. Their main purpose is to better tailor the website to the User.
3. Some of the cookies present on the website are only available 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 recognised on the website when they return. They are then stored for a longer period of time.
4. All cookies present on the website are set by the Owner.
5. All cookies used by this website comply with current European Union law.
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 preferences regarding the acceptance of cookies or change your browser so that you can receive an appropriate notification each time a cookie 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 you from making full use of the website.
9. Cookies will be used for essential session management, including:
a. Creating a special login session for the Website User, so that the Website remembers that the User is logged in and their requests are delivered in an efficient, secure and consistent manner;
b. Recognising a user who has previously visited the website, which allows us to identify the number of unique users who have used the website and to ascertain the capacity of the website for the number of new users;
c. Recognising 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 the use of the website;
e. To customise elements of the layout or content of the website;
f. Gather statistical information about how the User uses the site, in order to be able to improve the site and to determine which areas of the site are most popular with Users.
VI. FACEBOOK PLUGIN
1. The website contains a plugin (plug-in) for the social network Facebook.
2. The Facebook plug-in is marked with the Facebook logo.
3. This plugin will directly link to the Owner’s profile on the Facebook server. Facebook can then
obtain information that the User has visited the website from their IP address.
4. If you visit the website while logged in to your Facebook profile, Facebook will record the information about your visit. Even if the User is not logged in to Facebook, Facebook is able to obtain information about the IP address.
5. Facebook does not provide the Owner with information about the data collected and how it is used. The purpose and scope of the data collected by Facebook are not known to the Owner. For further information, regarding privacy on Facebook, please contact Facebook directly or refer to Facebook’s privacy policy at: https://www.facebook.com/about/privacy/.
If the User does not want Facebook to be able to obtain browsing information, it is advisable for the User to log out of his/her Facebook account beforehand.
VII. PLUG-IN OF OTHER SOCIAL NETWORKS
1. The owner may also use other social plugins (plugins) (e.g. LinkedIn, Pinterest, Google+, etc.).
2. Social networking plug-ins can be identified by the icons used to share information on a particular platform.
3. Plug-ins allow users of these platforms to link the website in their posts, posted on these social media platforms.
4. The plug-ins will directly link to the Owner’s profile on the server of the social network concerned.
This portal can then obtain information that the User has visited the website from his/her IP address.
5. During the User’s visit to the profile, the administrator of the social network uses cookies and other similar technologies to monitor the behaviour and actions taken by the User. This information is collected, among other things, for the purpose of creating so-called site statistics. The statistics contain only anonymised statistical data about users visiting the profile and cannot be linked to a specific person. The Proprietor does not have access to the personal data used by the social networks for the preparation of, among other things, the website statistics.
6. Thanks to the website statistics generated by the social network, the Owner has information on how Users use the Owner’s profiles and which, of the published contents, are the most popular.
Thanks to this information, the Owner can optimise its profiles by better adapting the published content to the interests and behaviour of the Users. The administrator of each of the aforementioned social networks is responsible for processing User data for the purposes of generating website statistics. In view of this, the administrators are obliged to inform the Users of any matters related to the processing of personal data for the purposes of generating site statistics and of the possibility of exercising the right to privacy protection under the applicable legislation.
VIII. EXTERNAL LINKS
1. Links on this website to other websites are provided for information purposes only.
2. The owner of the website is not responsible for the content on other websites or for any damage resulting from their use.
IX. 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 the User’s personal data 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: info@formatwood.com.
X. CONTACT FORM
1. The user can enter his/her contact details by filling in the special form provided for contacting the Owner, the content of the messages and accepting their dispatch to the Owner.
2. Leaving contact details means that the User has consented to the Owner processing the personal data 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.
XI. RESPECT FOR INTELLECTUAL PROPERTY
1. The website and its content may be protected by copyright, trademark and other laws relating to the protection of intellectual property.
2. The marks, logos and other personalised emblems of the Proprietor appearing on the website (collectively: the “Marks”) are trademarks of the Proprietor.
3. With the exception of separate, individual written authorisations, the user may not use the trademarks belonging to the owner: separately or in combination with other verbal or graphic elements, especially in press releases, advertisements, promotional or marketing material, in the media, in written or oral material, in electronic form, in visual form or in any other form.
XII. PROTECTION OF USER DATA
The Owner fully respects the privacy of Users. For details on how the User’s personal data or other information is collected and processed, as well as the situations in which the Owner may disclose it, please see the Privacy Policy.
XIII. LIMITATION OF LIABILITY
1. The website contains information of a general nature. It is not intended to mediate any professional advice. You should contact a professional adviser 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, faultlessness, absence of viruses or malicious codes, guarantees of correct operation or quality.
3. The website makes no warranty of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose, non-infringement, adaptation, security and reliability of the information.
4. The use of the website is at the user’s own risk and the user accepts full liability for damages relating 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 accepts no responsibility for links provided on the website, particularly 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 permanently unavailable for any reason.
7. The owner is not responsible for the information provided on the website, nor can he ensure the complete security of transactions or communications carried out via the website.
8. In spite of the Owner’s best efforts to ensure that the website is accurate and up-to-date, errors unintended by the Owner may occur, which the User, upon discovering, is requested to report to the Owner.
9. All of the above exclusions and limitations of liability 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 under Polish or foreign law.
XIV. VALIDITY OF THE PROVISIONS
1. Should any provision of the General Conditions be or become invalid or ineffective, in any jurisdiction, the remainder of the 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.
XV. RELATIONSHIP TO CONCLUDED CONTRACTS
Unless otherwise stated, the General Terms and Conditions constitute the complete and exhaustive agreement between the User and the Owner regarding the use of the website, with regard to the content contained therein, and supersede all other agreements, understandings and contracts
concerning the subject matter (content) of these General Terms and Conditions.
XVI. AMENDMENT TO THE TERMS AND CONDITIONS OF THE WEBSITE
1. The owner of the website reserves the right to modify these General Terms and Conditions at any time by posting the updated version on the website, which shall take effect for Users from the moment of publication, unless otherwise indicated in the modified General Terms and Conditions.
2. The User is obliged to familiarise himself with the modifications to the General Terms and Conditions, of which the Owner will inform him by sending him a message or communication about the modifications to the General Terms and Conditions for his acceptance.
3. Continued use of the website constitutes acceptance of the modified Website Terms and Conditions.
XVII. DISPUTE SETTLEMENT
1. The Parties agree to resolve any disputes arising in the first instance by means of an amicable settlement before a competent arbitral tribunal (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 registered office is located.
XVIII. LEGAL BASIS
1. The following laws shall apply mutatis mutandis to matters not covered by these General Conditions:
a. The Telecommunications Act of 16 July 2004 (i.e. Journal of Laws 2019, item 2460, as amended);
b. the Act on the Provision of Electronic Services of 18 July 2002 (i.e. Journal of Laws 2019, item 123, as amended);
c. the Act on Copyright and Related Rights of 4 February 1994 (i.e. Journal of Laws 2019, item 1231, as amended);
d. the Civil Code Act of 23 April 1964 (i.e. Journal of Laws 2019, item 1145, as amended);
and other relevant provisions of Polish law.
