TERMS AND CONDITIONS OF RELATED PROVISION ON THE web-s-design.de SERVICES
The terms used in the Regulations mean:
Service e-mail address
Article – a concise written statement on dietary supplements or medical devices available for sale in Poland, containing in particular such elements as a description of the composition, description of properties, description of operation, method of use, evaluation of performance, information on the place where the product can be purchased, and also a reference (link) to the website where you can purchase the product,
Form – the application form available on the Website, enabling the User to register on the Website and set up a User Account,
Consumer – a natural person who, in the Agreement for the provision of the Service, acts for purposes not directly related to his business or professional activity;
Account – User profile created with registration, by means of which he can post Articles with graphic content using a special form, for automatic publication on the Website;
Third party – a natural person, legal person, as well as an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which is not a User;
Regulations – these Regulations for the provision of remote services;
Service – website available at www.web-s-design.de, through which the User may use the Service;
Page / s – Website Administrator and User;
Service page – website www.web-s-design.de;
Agreement for the provision of the Service – a contract under which the Website Administrator undertakes to provide the Service for the User free of charge, concluded remotely, i.e. as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the Parties, with the sole use of one or more means of distance communication (via the website) up to and including the conclusion of the contract;
Service – the service provided by the Website Administrator free of charge to set up and maintain a User Account on the Website, by means of which the User may post Articles, together with any graphic content provided, which are automatically published on the Website;
User – a natural person who has an Account, who is 18 years of age and has full legal capacity (including the Consumer), as well as a legal person or an organizational unit that is not a legal person, whose special provisions grant legal capacity;
Website administrator – web-s-design.de
Graphic content – photos or graphics provided with the Article by the User presenting the product to which the Article relates.
The Regulations define the rules of providing the Service at a distance.
Intellectual property rights to the content not provided by the User on the Website, in particular copyrights and industrial property rights in the field of the name, domain and logotype of the Website, as well as its graphic, verbal and verbal-graphic elements (eg layout), Website software and database rights are legally protected and are vested in the Website Administrator or entities with which the Website Administrator has concluded appropriate agreements.
The Website Administrator takes steps to ensure that the Website works properly, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities in an appropriate manner that have been properly reported by Users, Third Parties or identified by the Website Administrator .
The User guarantees that any content he provides provided to the Website Administrator does not infringe the rights of third parties, including any exclusive rights.
Rules for using the Website
The user is obliged in particular to:
use the Website in a way that does not interfere with its functioning, including through the use of specific software or devices,
use any content posted on the Website in such a way that there is no copying or duplication, in part or in whole, of the elements of the Website, protected by exclusive rights, in particular information, content, data, photographs, pictures, drawings , icons, descriptions, Articles and signs freight.
Conclusion of the Agreement for the provision of Services and the rules for the provision of Services
The User may publish an Article provided by the User on the Website, to which graphic Content may be attached. The publication of the Article takes place without the participation of the Website Administrator, i.e. the Website Administrator provides only the tools and server surface within the User Account, with the use of which the User independently enters the content and graphic content, which are then automatically displayed on the Website.
The contract for the provision of the Service will be concluded when the User receives the e-mail referred to in paragraph 8 below.
In order to conclude the Agreement for the provision of the Service through the Website, you must enter the Website, and then fill in the Form at least to the extent indicated by the instructions in the Form, taking further technical steps based on the information available in the Form.
The form for the conclusion of the Agreement for the provision of the Service may be completed 24 hours a day, all days of the week.
You can contact the Website Administrator using the contact form on the Website page 24 hours a day, 7 days a week.
The sending of the data contained in the Form (sending the Form) and the conclusion of the Service Agreement are possible only after the acceptance of these Regulations and the User’s consent to make the Account available to him before the expiry of the 14-day period for withdrawal from the Service Agreement.
A prerequisite for the conclusion of the Service Agreement is the correct provision of the data in the Form. In case of any doubts of the Website Administrator as to the correctness of the data provided by the User, the Website Administrator verifies this data, for example by contacting the User. If it is impossible to contact the User or verify the data provided by the User for reasons attributable to the User, the Website Administrator does not conclude the Service Agreement.
Immediately after considering and verification of the Form, the User receives an e-mail confirming all the essential elements of the concluded Service Agreement. Upon sending the message referred to in the preceding sentence, the User Account is activated.
The article (together with any graphic content) posted by the User using a special form provided as part of the User Account is displayed on the Website within 7 days from its introduction by the User to the form on the Account and approval by the User.
The User may terminate the Service Agreement at any time by submitting an appropriate statement to the Website Administrator (a letter sent by post, courier or e-mail) by e-mail to the Website’s e-mail address or by correspondence to the Website Administrator’s address.
Information on withdrawal from the contract by the Consumer
The User who is a Consumer has the right to withdraw from the Agreement for the provision of the Service within 14 days without giving any reason.
The deadline for withdrawing from the Agreement for the provision of the Service shall expire after 14 days from the date of the Agreement for the provision of the Service.
In order to exercise the right to withdraw from the Service Agreement, the User who is a Consumer is obliged to inform the Service Administrator by e-mail or by correspondence to the Service Administrator’s address about his decision to withdraw from the Service Agreement by way of an unequivocal statement (a letter sent by post, courier or by e-mail).
The User who is a Consumer may use the model withdrawal form from the Agreement for the provision of the Service posted on the Website, but it is not obligatory.
To meet the deadline to withdraw from the Service Agreement, it is enough for the User who is a Consumer to send information regarding the exercise of his right to withdraw from the agreement before the deadline to withdraw from the Agreement for the provision of the Service.
The User may submit a complaint or claim to the Website Administrator regarding the provision of the Service, while the Website Administrator will only consider complaints or complaints:
delivered by post to the address of the Website Administrator,
received via e-mail at the e-mail address of the Service Administrator [email protected]
The user may file a complaint or claim by proxy, but the power of attorney should be made in writing, unless there are specific factual conditions that require a written form with notarized or official signature confirmation.
The user is obliged to:
in the complaint or complaint, indicate your name and surname, e-mail address (failure to indicate the e-mail address will prevent the Website Administrator from contacting the complainant and considering the complaint or complaint) and information indicating the subject of the complaint or complaint, as well as your position on the matter covered by the complaint or complaint,
the complaint or claim should be accompanied by the originals or copies of documents relating to the subject of the claim or claim, if this is necessary to clarify the relevant circumstances of the case.
The user should strive to submit the complaint or claim immediately after being informed about the circumstances justifying its submission.
The Website Administrator leaves complaints or complaints that do not contain data allowing the identification of the User without consideration.
The Website Administrator, in the course of considering a complaint or complaint, in order to clarify all the relevant circumstances to which the complaint or complaint relates, may request the complainant to provide additional information, explanations or documents if:
the content of the complaint or claim cannot properly determine its object or position of the complainant or
it is necessary for the reliable examination of the complaint or claim,
under the pain of leaving the complaint or complaint without examination if the complainant fails to take actions or actions enabling the examination of the complaint or complaint.
The Website Administrator immediately, but not later than within 21 days from the date of receipt of the complaint or complaint, shall respond to the complaint submitted, which is forwarded to the complainant at the e-mail address from which the Website Administrator received the complaint or complaint.
The User may at any time request that the issue constituting the subject of the complaint procedure be resolved by a third party and for this purpose:
apply to the mediator or institutions before which the mediation proceedings will take place with a request to conduct mediation,
apply to the institution before which the arbitration proceedings will take place with a request for consideration of the case by the arbitration court,
if he is a consumer, ask for help from the appropriate consumer ombudsman or other entity performing similar functions.
At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online contract for the provision of services.
In order to remove all doubts, the instruction referred to in sec. 8 or 9 above does not constitute an arbitration clause or an automatic consent of the Website Administrator to participate in mediation or amicable proceedings.
Upon receipt of the message referred to in § 4 para. 8 of the Regulations, the User grants the Website Administrator a non-exclusive license to the Article and Graphic Content free of charge in the following fields of use:
in the field of recording and reproducing works – fixation and reproduction of copies of works in any format and using any digital technique;
within the scope of trading in the original or copies on which the works were recorded – marketing the original or copies through the Website;
in the scope of disseminating works in a manner other than specified in point 2 above – public display on the Website, as well as public sharing of the works in such a way that everyone can have access to them at the place and time chosen by them on the Website,
entering into computer memory,
combine each of the works in whole or in part with other works for the purpose of joint distribution,
The license referred to in paragraph 1. 1 above, occurs without territorial and time restrictions (it is indefinite).
The Website Administrator is not responsible for technical problems or technical limitations in the computer equipment, end device, ICT system and telecommunications infrastructure used by the User, which prevent the User from properly using the Website and the services offered through it.
The Website Administrator is not responsible for:
loss of data by the User due to hardware or system failure or other circumstances arising for reasons not attributable to the Website Administrator;
the effects of using the Website by the User in a manner inconsistent with applicable law, the provisions of the Regulations or the customs adopted in this regard,
speed of data transmission and related restrictions, resulting from technical, technological or infrastructural circumstances not attributable to the Website Administrator,
infringement of the rights of third parties through content (including graphics) provided by the User.
Settlement of any disputes arising between the Website Administrator and a User who is not a Consumer is subject to the court having jurisdiction over the address of the Website Administrator.
Recognition of individual provisions of these Regulations in the manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and all of these Regulations will be applied.
For the avoidance of any doubts, the Website Administrator who is only an entity that enables, through the Website tools and server surfaces, automatic publication and display of Articles and Graphic Content on the Website, reserves that it is not intended to suggest in any way a connection with trademarks, trade names, signs producers and companies that have been used on the Website.
It is prohibited to copy or duplicate, in part or in whole, the elements of the Website, which are protected by exclusive rights, in particular information, content, data, photos, images, drawings, icons, product and brand descriptions, and any content of the Website.
The current Regulations are published on the Website in a way that allows its storage and multiple retrieval in the ordinary course of activities.
The administrator of this website makes every effort to ensure that the content contained therein is fully correct, however, bearing in mind that some content may be translated from a language other than the website language, any inaccuracies or irregularities may result from the translation.