1. General Provisions
- These regulations shall determine:
- types and scope of services provided by electronic means;
- the conditions of the provision of services by electronic means;
- the conditions for concluding and terminating agreements for the provision of services by electronic means;
- complaints procedure.
- rules for the processing of personal data of the Users, including naming the personal data administrator (Hotel Warszawianka Centrum Kongresowe Sp. z o.o. with its registered office in Serock, 05-140 Jachranka 77), the method of data collection, the purpose and scope of data collected, information about the right of access to the content of one’s data, the possibility of their transmission and correction, as well as the voluntary provision of data;
- 2. Definitions
For the purposes of these Regulations, the terms contained in §2 shall have the following meaning:
|1.||Personal data||shall mean information about an identified or identifiable natural person, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to their name, surname, e-mail address, telephone number.|
|commercial communication||any information intended directly or indirectly to promote the goods, services or image of the entrepreneur or of a person whose right to exercise the profession is subject to the requirements specified in separate acts of law, with the exception of information enabling communication by electronic means with a specific person and information on goods and services which is not intended to achieve commercial effect desired by the entity ordering its distribution, in particular without remuneration or other benefits from manufacturers, sellers and service providers;|
|Customer||potential or actual purchaser of the Products and/or Services presented by the Service Provider using the Online Store;|
|Consumer||a natural person performing a legal act with the Service Provider which is not related directly to its business or professional activity;|
|5.||Product||Goods presented in the Online Store, which can be purchased by the Customer on the basis of Sale Agreement|
|Regulations||shall mean these Regulations and any amendments thereto;|
|GDPR||Regulation (EU) 2016/679 of the European Parliament and of the Council 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 repealing Directive 95/46/EC (General Data Protection Regulation);|
|Regulations of the Online Store||Regulations of the Online Store is available on the website www.kupprezent.warszawianka.pl;|
|Website||shall mean a system of websites made available on a web server www.warszawianka.pl, constituting a collection of static and dynamic documents, containing graphic files, scripts and other elements of the collection connected with mutual relations;|
|Online Store||an online store operated by the Service Provider on its website www.kupprezent.warszawianka.pl offering the possibility to order and purchase Products and/or Services;|
|Parties||User and Service Provider;|
|Providing services by electronic means||the performance of a service provided without the simultaneous presence of the parties (remotely), through the transfer of data at the individual request of the User, transmitted and received by means of devices for electronic processing, including digital compression and data storage, which is entirely transmitted, received or transmitted over a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law;|
|13.||Sale Agreement||contractual obligation relationship between Hotel Warszawianka Centrum Kongresowe Sp. z o.o., hereinafter referred to as the Service Provider (being the Seller) and the Customer (being the Buyer) in the form of a sale agreement of the Products and/or Services, concluded in the Online Store as a result of an Order placed by the User.|
|14.||Service||a Service presented in the Online Store, which can be purchased by the Customer on the basis of Sale Agreement;|
|15.||Services||services provided by electronic means by the Service Provider, specified in §3 if the Regulations;|
|16.||User||an entity, using the Website, for whom, according to the Regulations and legal regulations may be provided services by electronic means or with whom an agreement for the provision of services by electronic means may be concluded;|
|17.||Service Provider||Hotel Warszawianka Centrum Kongresowe Sp. z o.o. with its registered office in Serock, 05-140 Jachranka 77, entered into the Register of Entrepreneurs under KRS (National Court Register) number: 0000168537, for which the register files are kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, NIP (Tax Identification Number): 536-15-79-231, REGON (National Business Registry Number): 013035422;|
|18.||Order||a declaration of will of the Customer, aiming directly at concluding the Agreement remotely via the Online Store, constituting an offer to purchase Products and/or Services, specifying the type and/or number of Products and/or Services, and other content provided for by law.|
- 3. Types and scope of services provided by electronic means
- The Service Provider shall in particular provide the following services by electronic means:
- information services – consisting in sharing information placed within the Website by displaying a website with a specific URL, containing information data individually requested by the User, as well as information data offered by the Service Provider, including data tailored to the interests of the User;
- communication services – consisting in enabling the Parties to communicate, in particular at the individual request of the User, enable the contact with the Service Provider (including via a contact form), submission of complaints, as well as sending commercial information by electronic means by the Service Provider to the User;
- services related to the sale of Services via the Online Store. Detailed rules of concluding and executing Sale Agreements concluded in the Online Store are regulated by the following provisions of the Regulations of the Online Store kupprezent.warszawianka.pl.
- Receipt by the User of the communication services referred to in section 1, item 1.2. shall be subject to the prior consent to receive commercial information, which may be withdrawn by the User at any time.
- The User may withdraw his/her consent to receive commercial information by sending to the Service Provider:
- e-mail on: firstname.lastname@example.org; or
- a note of withdrawal of a consent to the address: Hotel Warszawianka Centrum Kongresowe Sp. z o.o., Jachranka 77, 05-140 Serock
- The services specified in section 1 are provided through the Service.
- 4. The conditions of the provision of the Services
- The Service Provider shall provide Services to the User to the extent and under the conditions set forth in these Regulations.
- In order to use the Website the User has to previously read and accept the terms and conditions of these Regulations. User undertakes to comply with these Regulations.
- The possibility of using a part of the Services referred to in § 3 section 1 item 1.3. may also depend on prior introduction to and acceptance of the terms and conditions of the Regulations of the Online Store. Detailed rules of using the Services referred to in § 3 section 1 item 1.3. The Parties may settle in its entirety or in part also in the form of a written agreement.
- User is obliged to comply with the ban on the misuse of electronic means of communication and to provide the following content by/or to the Service Provider’s ICT systems:
- resulting in work disruption or overloading of the Service Provider’s or other entities’ ICT systems, directly or indirectly involved in the provision of services by electronic means;
- inconsistent with generally applicable legal regulations;
- violating the interests of third parties, generally accepted social and moral standards or violating good manners, offensive or violating anyone’s dignity.
- In special cases, affecting the security or stability of the ITC system, the Service Provider has the right to temporarily cease or limit the provision of Services, without prior notice, and to carry out maintenance works aimed at restoring the security and stability of the ICT system.
- The Service Provider shall not be liable for interruptions in the provision of the Services resulting from failure or malfunction of ICT systems beyond the Service Provider’s control.
- Notwithstanding the above, the Service Provider has the right to discontinue the provision of the Services at any time, if such a justified request is made in relation to it by the Internet provider or other authorised entity.
- The Service Provider reserves the right to interrupt the provision of the Services in the event of the breach by the User of these Regulations, applicable law or generally accepted social and moral standards.
- For security reasons, the Service Provider reserves the right to interrupt the connection with the User after a period not less than 2 minutes from the moment of the last action undertaken by the User.
- In order to use the Website correctly, the User must have computer hardware and software that meet the following minimum requirements: the latest available version of Microsoft Edge, Chrome, Firefox, Opera or Safari; 1280×720 px screen; Cookies and Java Script enabled.
- If the User uses hardware and software that does not meet technical requirements specified in section 10, the Service Provider does not guarantee correct functioning of the application, and stipulates that it may have a negative impact on the quality of the Services provided.
- The provision of services by electronic means referred to in § 3.1. the Service Provider is free of charge. Sale agreements, however, concluded as a result of orders for Services made with the help of the Online Store are payable, and are connected with the obligation to pay for the ordered Services.
- 5. The conditions for concluding and terminating agreements for the provision of services by electronic means
- These Regulations constitute an integral part of the agreements concluded by the Parties for the provision of services by electronic means.
- Starting to use the Service by the User is tantamount to concluding an agreement for the provision of the Services listed in § 3.1. without the need to draw up a separate agreement.
- The Parties to the Cooperation Agreement may specify separate rules for concluding Services Agreements listed in § 3 section 1 item 1.3.
- The User may terminate the use of the Service at any time. If the User leaves the Website, the agreements for the provision of Services by electronic means referred to in § 3.1. shall be terminated automatically without the need to submit additional declarations of the Parties. In the case of Sale Agreements concluded with the use of the Services listed in § 3 section 1 item 1.3., the rules and conditions for concluding and terminating Services Sale Agreements are regulated by the Regulations of the Online Store.
- Closing the browser as well as a termination of the agreements for the provision of Services by electronic means (by closing the website) shall not terminate the Sale Agreements concluded through the Website.
- A User who is a Consumer has the right to withdraw from an agreement for the provision of services by electronic means without giving any reason within 14 days from the date of conclusion of the agreement. In order to exercise the right of withdrawal, the Customer shall send an unambiguous notice of withdrawal to the address of the Service Provider (Hotel Warszawianka Centrum Kongresowe Sp. z o.o. with its registered office in Serock, 05-140 Jachranka 77), with a content, e.g.: “I hereby inform of my withdrawal from the agreement for the provision of electronic services; Date of conclusion of the agreement; Consumer’s full name; Consumer’s address; Date; Signature”.
- In order to meet the deadline for withdrawal from the agreement, it is sufficient for the User to send a notice of withdrawal before the expiry of the deadline indicated above. After receiving it, the Service Provider will immediately send a confirmation of receipt of information on withdrawal from the agreement.
- Pursuant to Article 38(3) and (13) of the Act of 30 May 2014 on Consumer Rights (Dz. U. [Journal of Laws] 2014, item 827), the Consumer has no right to withdraw from the agreement for the provision of electronic services on the Website concluded remotely, if the performance of the service began with his/her express consent before the expiry of the 14-day period for withdrawal and after the Service Provider has informed him/her of the loss of the right to withdraw from the agreement. The User has also no right to withdraw from an agreement in which the object of performance is an unprocessed item, manufactured in accordance with the Consumer’s specifications or intended to satisfy his/her individual needs.
- Effects of withdrawal from this Agreement: in the event of withdrawal from this Agreement, the User shall be reimbursed the amount due under the concluded agreement immediately, and in any case not later than 14 days from the day on which the Service Provider was informed of the withdrawal from the agreement and indication of the method of reimbursement.
- 7. Processing of personal data
- Hotel Warszawianka Centrum Kongresowe Sp. z o.o. with its registered office in Serock, 05-140 Jachranka 77, entered into the Register of Entrepreneurs under KRS (National Court Register) number: 0000168537, for which the register files are kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, NIP (Tax Identification Number): 536-15-79-231, REGON (National Business Registry Number): 013035422, is the Controller of the personal data (hereinafter referred to as the “Controller”).
- Contact with the Controller regarding the processing of your personal data is possible by means of traditional mail to the address: Hotel Warszawianka Centrum Kongresowe Sp. z o.o., Jachranka 77, 05-140 Serock, or via e-mail at: email@example.com
- The processing of your personal data is carried out in accordance with the requirements of generally applicable legal regulations, including the regulations of the GDPR, and its storage takes place on secure servers.
- We respect your right to privacy and take care of the security of your personal data. Among other things, a secure encryption protocol for communication (SSL) is used for this purpose. We also have access control in place, thanks to which we minimize the effects of possible data security breaches.
- We make every effort to provide all possible means of physical, technical and organizational protection of personal data against accidental or deliberate destruction, accidental loss, alteration, unauthorised disclosure, use or access, in accordance with all applicable laws, including the GDPR.
- The personal data provided in the contact form on the website, i.e. name, telephone number, e-mail address, are treated as confidential and are not visible to unauthorised persons.
- 8. Data management
- Providing your personal data is voluntary. The Controller does not verify the authenticity and correctness of the personal data provided.
- For the proper performance of the Services and for marketing purposes, we process the following personal data: name; surname; residential address; email address; telephone number; technical information about the devices you use to access our services and other technical information; information about your use of our services; any other information you provide to us through our services; any other information you provide to us when you contact us;
- Personal data shall be processed:
- in accordance with the provisions on the protection of personal data, including GDPR;
- to the extent and for the purpose necessary to establish, shape the content of the Agreement, amend or terminate it and correctly perform the Services provided by us electronically,
- to the extent and for the purpose necessary to fulfil legitimate interests (legally justified goals) and the processing shall not adversely affect the rights and freedoms of the person who is data subject.
- Any data subject (if we are their Controller) shall have the right to access, rectify, erase or limit the processing, to transfer and to object and to lodge a complaint with the supervisory authority. We will process your request immediately.
- The complaint referred to in point 4 above shall be made to the Bureau of the Inspector General for Personal Data (Biuro Generalnego Inspektora Danych Osobowych), ul. Stawki 2 00-193 Warszawa.
- In order to exercise the rights referred to in §8.3. you should contact us. Contact with the person supervising the processing of personal data in our company is possible via e-mail: firstname.lastname@example.org.
- The provision of personal data for marketing purposes is entirely voluntary. However, providing such information is necessary for the performance of the Service Agreement. If you refuse to do so, you will not be able to use our services.
- Your personal data will be processed as long as it is necessary for the proper performance of the Service Agreement or for the period for which we have obtained your consent for its processing.
- The removal of personal data may occur as a result of the withdrawal of consent or filing a legally admissible objection to the processing of personal data.
- We reserve the right to process your data after termination of this Agreement or withdrawal of your consent only to the extent that we are able to pursue any legal claims or if we are required by national, EU or international law to retain your data. In this case, we may refuse to comply with your request to delete your personal data. As a Controller, we may share your personal data with entities authorised by applicable law (e.g. law enforcement authorities).
- The Controller may disclose your personal data to entities other than those authorised under the relevant provisions of law, if they are trusted entities of the Controller, and if they ensure the protection of processed personal data. These are mainly entities that help us to provide our services in the best possible way.
- Personal data are processed only by persons authorised by us who are familiar with the obligations arising from the protection of your personal data.
The information we collect includes your IP address, browser type, language, operating system, Internet service provider, time and date information, location, and information we send to you through the contact form.
- Collected data is used to monitor and verify how users use our websites to improve the performance of the service by providing more efficient and trouble-free navigation. We monitor information about the users using Google Analytics, which records their behaviour on the website.
- We use the following cookies on our website:
- “necessary” cookies enabling the use of services available within the website, e.g. authentication of cookies used for services requiring authentication within the website;
- security cookies, e.g. used to detect authentication fraud within the website;
- “performance” cookies, enabling the collection of information on the use of website web pages;
- “functional” cookies, which allow to “remember” and personalise settings chose by the user and personalisation of the interface, for example, with regard to the language or region chosen, the font size, the design of the website, etc.,
- “advertising” cookies, which make it possible to provide users with advertising content more suited to their interests.
- At any time the user has the possibility to disable or restore the option of collecting cookies by changing the settings in the web browser.
- This Policy may be amended. We will notify you about any changes by means of a notice on our website.
- 9. Method of communication
- If the User places an Order via the Website, the Service Provider may, in order to facilitate the process of service, contact the User via e-mail address provided by the User, or contact the User by phone using the telephone number provided by the User, as well as contact the User in another form by means of remote communication in order to:
- answer the User’s messages and questions;
- provide the User with information regarding the Order or the performance of the Agreement;
- clarify any payment issues;
- clarify and correct any errors or ambiguities.
- If the User consents to receive commercial information, the Service Provider may provide the User with ordered commercial information at the e-mail address provided by the User.
- 10. Complaints
- The Users have the right to lodge complaints in matters related to the issues regulated by these Regulations and the functioning of the Website. Complaints may be submitted in writing to the address of the Service Provider: Hotel Warszawianka Centrum Kongresowe Sp. z o.o., Jachranka 77, 05-140 Serock, or via e-mail at: email@example.com.
- Complaints will be considered immediately, not later than within 30 days from their receipt. The deadline specified in the preceding sentence shall not apply to complaints covering the Consumer’s claims referred to in Article 561(5) of the Civil Code – such complaints regarding Sale Agreements shall be governed by the Online Store Regulations.
- Acceptance and processing of complaints is free of charge.
- 11. Final Provisions
- The Service Provider has the right to block access to the Service or its part for important reasons, in particular in the event of finding irregularities in the use of the Service, including the occurrence of circumstances that could put the Service Provider or its Users at risk.
- These Regulations are made available through the Website in a form enabling its downloading, recording and printing. In particular, the text of these Regulations may be saved on disk and printed.
- The Service Provider does not give any guarantee that the use of the Website will be free of errors, defects or interruptions, or that the information provided within the Website will meet the expectations of the User regarding the content, accuracy or usefulness of the information obtained.
- The Service Provider is not responsible for the use of the Service by the User in a manner contrary to the law and the provisions of these Regulations.
- The User shall be fully liable for any consequences resulting from improper filling in of the Website forms, and in particular for providing the incorrect or untrue data.
- The Service Provider reserves the right to unilaterally amend these Regulations.
- In matters not regulated in these Regulations, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 – Civil Code, the Act of 18 July 2002 on the provision of services by electronic means, the Act of 29 August 1997 on the protection of personal data and the GDPR.