This is a translation provided for convenience. In case of discrepancies, the Polish version prevails.

General Terms of Use of the Website (Terms and Conditions)

I. PREAMBLE

  1. This document sets out the terms of access to and use of the Website and shall hereinafter be referred to as the "General Terms".
  2. Each User, upon taking any steps towards using the Website, is obliged to read, comply with and accept the General Terms, without limitation or reservation.
  3. If you do not agree to all of the General Terms, 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 trade marks.
  5. Any unauthorised use of the content of the Website, works or information, as well as any unauthorised reproduction, retransmission or other use of any element of the Website, is prohibited, as such conduct may infringe, among other things, copyright or protected trade marks.
  6. Questions or comments concerning the Website may be submitted to the following e-mail address: hurt@baxtan.com.

II. DEFINITIONS

  1. CONTACT FORM - a form available on the Website which enables a message to be sent immediately to the Owner of the Website;
  2. REGISTRATION FORM - a form available on the Website which enables registration and the creation of an Account on the Website
  3. ACCOUNT - a set of resources on the Website, designated by an individual name or login and a password, in which the User's data are stored;
  4. NEWSLETTER - an Electronic Service enabling the User to place an order to receive, at the e-mail address or telephone number provided, free-of-charge information from the Owner concerning the Website;
  5. GOVERNING LAW - for the purposes of performance of the General Terms, Polish law shall apply;
  6. WEBSITE - the tool named https://baxtan.com/, used for the provision of electronic services;
  7. USER - a natural person, a legal person or an organisational unit without legal personality to which statute grants legal capacity, using the electronic services available on the Website;
  8. TERMS - the set of all provisions of, among others, these General Terms, the privacy policy, the cookies policy, the online shop terms and conditions and any other terms found on the Website which relate to specific functions, features or promotions, as well as to customer service;
  9. OWNER - the entity making this Website available, namely: Baxtan sp. z o.o., with its registered office at: Ofiar Katynia 7, entered in the Register of Entrepreneurs maintained by the District Court (Sąd Rejonowy) in: Przemyśl, Commercial Division, under KRS number: 0000862792, NIP (tax identification number): 7952560721, e-mail: hurt@baxtan.com;
  10. SEARCH ENGINE - a free-of-charge Electronic Service made available to Service Recipients by the Service Provider, enabling specific listings or content to be searched for on the basis of criteria specified by the Service Recipient (using filters).

III. SCOPE OF THE TERMS

  1. The Owner provides access to the content of the Website in accordance with the General Terms below.
  2. The content and data published on the Website are intended as information for interested persons and may be used for information purposes only.
  3. The Owner has the right to place advertising content, which forms an integral part of the service and of the materials presented therein.
  4. Users may use the access and services offered on the Website provided that they have first agreed to the General Terms.

IV. RULES FOR USING THE WEBSITE

  1. The Website is supported by all types of web browsers. No particular characteristics of the User's terminal equipment are required.
  2. Upon acceptance of the Terms, the User has the right to view, copy, print and distribute the content of this Website, without making any changes to it, provided that:
  • a) such content is used solely for information purposes and for non-commercial purposes;
  • b) each copy made contains copyright information or details of the author of the content.
  1. The use and copying of software, processes and technologies forming part of the Website is prohibited.
  2. Users may use the Website only in compliance with the provisions of the Electronic Communications Law (ustawa Prawo komunikacji elektronicznej), the Act on the provision of electronic services (ustawa o świadczeniu usług drogą elektroniczną) and the relevant provisions of civil law.
  3. It is prohibited to use the Website:
  • a) in a manner that leads to a breach of applicable law;
  • b) in any unlawful or fraudulent manner, or in a manner intended to achieve an unlawful or fraudulent purpose;
  • c) for purposes connected with causing harm to children or attempting to cause them any harm;
  • d) to send, knowingly receive, upload or use content that does not comply with the General Terms;
  • e) to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material, or any similar form of material falling within the collective category of SPAM;
  • f) to knowingly transmit any data, or send or upload any material, containing viruses, Trojan horses, spyware, adware or any other harmful program or similar computer code designed to adversely affect or endanger the operation of any software or computer hardware, or to adversely affect or endanger 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. by means of a computer or smartphone) and about the User's 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 containing a unique reference code which the Website sends to the User's device in order to store, and sometimes track, information about the device used. As a rule, they do not make it possible to identify the User personally. Their main purpose is to tailor the Website better to the User.
  3. Some of the cookies on the Website are available only for the duration of a given browsing session and expire when the browser is closed. Other cookies are used to remember the User, who is then recognised on returning to the Website. Such cookies are stored for a longer period.
  4. All cookies on the Website are set by the Owner.
  5. All cookies used by this Website comply with applicable European Union law.
  6. Most Users and some mobile browsers accept cookies automatically. If these settings remain unchanged, cookies will be stored in the device's memory.
  7. The User may change their preferences regarding the acceptance of cookies or change the browser settings so as to receive an appropriate notification each time the cookie function is set. To change the cookie acceptance settings, the settings in the browser must be adjusted.
  8. Please note that blocking or deleting cookies may prevent full use of the Website.
  9. Cookies will be used for necessary session management, including:
  • a) Creating a specific login session for the User of the Website, so that the Website remembers that the User is logged in and the User's requests are delivered effectively, securely and consistently;
  • b) Recognising a User who has previously visited the Website, which makes it possible to identify the number of unique users who have used the service and to ensure that the service has sufficient capacity for the number of new users;
  • c) Recognising whether a person visiting the Website is registered on the Website;
  • d) Recording information from the User's device, including cookies, the IP address and information about the browser used, in order to make it possible to diagnose problems and to administer and track use of the site;
  • e) Customising elements of the layout, graphic design or content of the Website;
  • f) Collecting statistical information about how the User uses the Website, in order to make it possible to improve the site and to determine which areas of the Website are most popular with Users.

VI. FACEBOOK PLUGIN

  1. The Website contains a plugin for the social network Facebook.
  2. The Facebook plugin is marked with the Facebook logo.
  3. This plugin connects directly to the Owner's profile on the Facebook server. Facebook may then obtain information that the User has visited the Website from their IP address.
  4. If the User visits the Website while logged in to their Facebook profile, Facebook will record information about the visit. Even where 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 or the manner in which they are used. The purpose and scope of the data collected by Facebook are not known to the Owner. For further information on privacy on Facebook, please contact Facebook directly or consult its privacy policy at: https://www.facebook.com/about/privacy/.
  6. If the User does not wish Facebook to be able to obtain information about their browsing of the Website, the User is advised to log out of their Facebook account beforehand.

VII. PLUGINS OF OTHER SOCIAL NETWORKS

  1. The Owner may also use other social plugins (e.g. Twitter, Google+ or LinkedIn).
  2. Social network plugins can be identified by the icons used to share information on the given platform.
  3. The plugins enable users of these platforms to link to the Website in their posts published on those social platforms.
  4. The plugins connect directly to the Owner's profile on the server of the given social network. That network may then obtain information that the User has visited the Website from their IP address.
  5. When the User visits the profile, the administrator of the social network uses cookies and other similar technologies to monitor the User's behaviour and actions. This information is collected, among other things, for the purpose of creating so-called page statistics. The statistics contain only anonymised statistical data about users visiting the profile, and it is not possible to link them to a specific person. The Owner has no access to the personal data used by the social networks for the purpose of preparing, among other things, page statistics.
  6. Thanks to the page statistics generated by the social network, the Owner has information on how Users use the Owner's profiles and which of the published content is the most popular. On the basis of this information, the Owner may optimise its profiles by better matching the published content to Users' interests and behaviour. The entity responsible for processing Users' data for the purpose of generating page statistics is the administrator of each of the above-mentioned social networks. Accordingly, the administrators are obliged to inform Users of all matters relating to the processing of personal data for the purpose of creating page statistics and of the possibility of exercising the right to privacy protection available under applicable law.

VIII. EXTERNAL LINKS

  1. Links on this Website to other websites are provided for information purposes only.
  2. The Owner of the Website shall not be liable for the content of 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 consenting to the processing of the User's personal data in order to receive commercial and marketing information from the Owner by e-mail or by SMS.
  2. By means of the newsletter, sent by e-mail or by SMS, the Owner informs the User of the latest offers, e.g. new products, promotions or sales.
  3. The User may unsubscribe from the newsletter at any time by clicking the link contained in the newsletter received or by sending an e-mail to: hurt@baxtan.com.

X. CONTACT FORM

  1. The User may enter their contact details by completing a dedicated form intended for contacting the Owner, including the content of the message and agreeing to it being sent to the Owner.
  2. Leaving contact details means that the User has consented to the processing by the Owner of the personal data provided in the Contact Form. The Owner may use the contact details provided in order to send offers to or contact the User.

XI. REGISTRATION FORM

  1. By means of the Registration Form, the User may enter their personal data in order to register as an identified User on the Website and create their Account.
  2. After registration, when the User visits the Website again, they will be able to log in to their Account as an identified User.
  3. Once the User has logged in to the Account, the Website will hold the User's personal and contact data provided during registration or at a later date, which will enable more efficient contact, data transfer or payment for services or goods available on the Website.
  4. Registration of the User, and the resulting storage of the User's personal data, means that the User has consented to the processing by the Owner of the User's personal data provided in the Registration Form.

XII. SEARCH ENGINE

The User may search the Website for information by entering the term they are looking for in the search engine located on the Website. The search engine function enables the User to filter information more quickly than by reading the content of the entire Website in search of what the User came to the Website for.

XIII. RESPECT FOR INTELLECTUAL PROPERTY

  1. The Website and its content may be protected by copyright, trade mark law and other legislation relating to the protection of intellectual property.
  2. The marks, logos and other personalised emblems of the Owner appearing on the Website (collectively referred to as the "Marks") are trade marks of the Owner.
  3. Except under separate, individual, written authorisations, the User may not use the Marks belonging to the Owner, either on their own or in combination with other word or figurative elements, in particular in press releases, advertisements, promotional or marketing materials, in the media, in written or oral materials, in electronic form, in visual form or in any other form.

XIV. PROTECTION OF USER DATA

The Owner fully respects the privacy of Users. Detailed information on how the User's personal data or other information are collected and processed, as well as on the circumstances in which the Owner may disclose them, can be found in the Privacy Policy section.

XV. LIMITATION OF LIABILITY

  1. The Website contains information of a general nature. It is not intended to act as an intermediary in the provision of any professional advisory services. Before taking any action affecting the User's financial situation or business activity, the User should consult a professional adviser.
  2. The Website provides no guarantees of any kind regarding its content, in particular no guarantees of security, freedom from errors, absence of viruses or malicious code, or guarantees regarding correct operation or quality.
  3. The Website provides no warranty (rękojmia), whether express or implied, including any warranty of merchantability or fitness for a particular purpose, non-infringement of copyright, adaptation, security or reliability of information.
  4. The User uses the Website at their own risk and assumes full liability for damage connected with or resulting from its use, whether direct or indirect, incidental, consequential, non-material or other damage, arising in contract, in tort or from negligence, including, among other things, for loss of data or services.
  5. The Website accepts no liability whatsoever for links placed on the Website, in particular where they lead to websites, resources or tools maintained by third parties.
  6. The Owner shall not be liable if the Website is, for any reason, unavailable temporarily or for an extended period.
  7. The Owner shall not be liable for information transmitted on the Website, nor can it guarantee the complete security of transactions or communications conducted by means of the Website.
  8. Despite the Owner's best efforts to ensure the accuracy and currency of the Website, errors not intended by the Owner may occur, and the User is requested to report any such errors to the Owner upon detecting them.
  9. All of the above exclusions and limitations of liability apply to the fullest extent permitted by law and cover every type of existing liability, including contractual liability, liability in tort and any other liability provided for under Polish or foreign law.

XVI. VALIDITY OF PROVISIONS

  1. Should any provision of the General Terms be or become invalid or ineffective in any legal system, the remainder of the Terms 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. The same shall apply accordingly to any gaps in the General Terms.
  2. Should any provision of the General Terms be or become invalid or ineffective in one or more legal systems, all provisions of the General Terms shall remain valid in every other legal system.

XVII. RELATIONSHIP TO AGREEMENTS CONCLUDED

Unless otherwise provided, the General Terms constitute the complete and exhaustive agreement between the User and the Owner concerning use of the Website within the scope of their content and supersede all other arrangements, understandings and agreements relating to the subject matter (content) of these General Terms.

XVIII. AMENDMENT OF THE WEBSITE TERMS

  1. The Owner of the Website reserves the right to amend these General Terms at any time while they are in force by publishing an updated version on the Website, which shall become binding on Users from the moment of its publication, unless otherwise stated in the amended General Terms.
  2. The User is obliged to read the amendments to the General Terms, of which the Owner will inform the User by sending a message or notice of the changes to the General Terms for acceptance.
  3. Continued use of the Website constitutes acceptance of the amended Terms of the Website.

XIX. DISPUTE RESOLUTION

  1. The Parties agree that any disputes arising shall first be resolved amicably before a competent court of arbitration (sąd polubowny) (arbitration clause – zapis na sąd polubowny).
  2. If amicable settlement proves impossible, any dispute arising from these General Terms shall be resolved by the court within whose district the Owner's registered office is located.

XX. LEGAL BASIS

In matters not governed by these General Terms, the following acts shall apply accordingly:

  • a) the Act of 12 July 2024 – Electronic Communications Law (ustawa Prawo komunikacji elektronicznej) (Journal of Laws (Dz.U.) of 2024, item 1221, as amended);
  • b) the Act of 18 July 2002 on the provision of electronic services (ustawa o świadczeniu usług drogą elektroniczną) (consolidated text: Journal of Laws (Dz.U.) of 2020, item 344, as amended);
  • c) the Act of 4 February 1994 on copyright and related rights (ustawa o prawie autorskim i prawach pokrewnych) (consolidated text: Journal of Laws (Dz.U.) of 2022, item 2509, as amended);
  • d) the Act of 23 April 1964 – Civil Code (Kodeks cywilny) (consolidated text: Journal of Laws (Dz.U.) of 2024, item 1061, as amended);

and other applicable provisions of Polish law.