Account Terms

at the LORGAR shop

These Terms are a translation of the Polish document "Regulamin konta". The agreement for the maintenance of the Account is concluded in Polish and the Polish version is the binding one (see § 9 section 2). This English version is provided for information.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal from the contract
§ 7 Personal data
§ 8 Changes to the Terms or to the Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and who, on the basis of the Terms, has concluded an agreement for the maintenance of an Account or is taking steps to conclude one, where this is not directly connected with their business or professional activity.

Account – a digital service within the meaning of the Consumer Rights Act, supplied free of charge by electronic means by the Service Provider to the Service Recipient, through which the Service Recipient can use additional functions in the Shop.

Privileged Entrepreneur – a Service Recipient who is a natural person concluding, on the basis of the Terms, an agreement for the maintenance of an Account (or taking steps to conclude one) that is directly connected with their business activity but is not of a professional character for them.

Terms – these Account Terms.

Shop – the LORGAR online shop operated by the Service Provider at https://lorgar.pl

Service Recipient – any entity that has concluded an agreement for the maintenance of an Account or is taking steps to conclude one.

Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.

Service Provider – ASBC POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at ul. Słowikowskiego 81C/BUD. H4, 05-090 Raszyn, Poland, entered in the National Court Register – Register of Entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 14TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS no. 0000966060, NIP 5342649628, REGON no. 521746101, share capital PLN 1,100,000.00, paid-up capital PLN 1,100,000.00.

Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACTING THE SERVICE PROVIDER

Postal address: ul. Słowikowskiego 81C/BUD. H4, 05-090 Raszyn, Poland
E-mail address: info@lorgar.pl
Telephone: +48 501 867 434

The cost of a telephone call or data transmission made by the Service Recipient follows the standard tariff of the telecommunications operator or internet service provider whose services the Service Recipient uses. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff applied by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

For the Account to be created and to work correctly, the following are required:

• an active e-mail account,
• a device with internet access,
• a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the will of the Service Recipient.
2. The Account gives the Service Recipient additional options, such as: viewing the history of orders placed by the Service Recipient in the Shop, checking the status of an order, or editing the Service Recipient's own data.
3. To create an Account, the relevant form in the Shop must be completed.
4. When the Account is created, an agreement for the maintenance of the Account is concluded between the Service Recipient and the Service Provider for an indefinite period, on the terms set out in the Terms.
5. The Service Provider begins to supply the Account service on the terms set out in the Terms immediately after the agreement for the maintenance of the Account is concluded.
6. The Service Recipient may resign from the Account at any time, free of any charge.
7. Deleting the Account results in termination of the agreement for the maintenance of the Account. To have the Account deleted by the Service Provider, the Service Recipient should send their resignation from the Account to the Service Provider's e-mail address given in § 2 of the Terms, which will result in the immediate deletion of the Account and termination of the agreement for the maintenance of the Account.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider asks that complaints concerning the Account be sent to the postal or electronic address given in § 2 of the Terms.
2. The Service Provider will respond to a complaint within 14 days of receiving it.

II PRIVILEGED SERVICE RECIPIENTS

1. The Service Provider is liable to the Privileged Service Recipient for the conformity of performance with the contract, as provided for by generally applicable law, in particular by the provisions of the Consumer Rights Act.
2. Where the Service Provider performs the agreement for the maintenance of the Account improperly, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
3. If the Service Provider has not supplied the digital service, the Privileged Service Recipient may call on it to do so. If, despite this, the Service Provider does not supply the digital service immediately or within an additional period expressly agreed between the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the agreement for the maintenance of the Account.
4. The Privileged Service Recipient may withdraw from the agreement for the maintenance of the Account without calling for the digital service to be supplied if:
   1. it is clear from the Service Provider's statement or from the circumstances that it will not supply the digital service, or
   2. the Privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances in which the agreement for the maintenance of the Account was concluded, that a specific date for supplying the digital service was of material importance to the Privileged Service Recipient, and the Service Provider did not supply it by that date.
5. The Service Provider is liable for any lack of conformity with the agreement for the maintenance of the Account of a digital service supplied continuously, which occurred or became apparent during the period in which the service was to be supplied under that agreement.
6. If the digital service does not conform to the agreement for the maintenance of the Account, the Privileged Service Recipient may demand that it be brought into conformity with that agreement.
7. Where the digital service does not conform to the agreement for the maintenance of the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the technical means least burdensome for them, in order to establish whether the lack of conformity of the digital service with the agreement for the maintenance of the Account at the relevant time results from the characteristics of the Privileged Service Recipient's digital environment.
8. In addition, if the digital service does not conform to the agreement for the maintenance of the Account, the Privileged Service Recipient may declare withdrawal from that agreement where:
   1. bringing the digital service into conformity with the agreement for the maintenance of the Account is impossible or would entail excessive costs under Article 43m(2) and (3) of the Consumer Rights Act;
   2. the Service Provider has not brought the digital service into conformity with the agreement for the maintenance of the Account within a reasonable time from the moment it was informed by the Privileged Service Recipient of the lack of conformity, and without significant inconvenience to the Privileged Service Recipient, taking into account the nature of the digital service and the purpose for which it is used;
   3. the lack of conformity of the digital service with the agreement for the maintenance of the Account persists even though the Service Provider has tried to bring the digital service into conformity with that agreement;
   4. the lack of conformity of the digital service with the agreement for the maintenance of the Account is so significant that it justifies withdrawal from the agreement for the maintenance of the Account without first using the remedy provided for in Article 43m of the Consumer Rights Act (i.e. demanding that the digital service be brought into conformity with the agreement);
   5. it is clear from the Service Provider's statement or from the circumstances that it will not bring the digital service into conformity with the agreement for the maintenance of the Account within a reasonable time or without significant inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

1. The Service Provider informs the Consumer about the possibility of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available at the offices or on the websites of the bodies authorised to settle disputes out of court.

   The Consumer may, among other things, use the help of the relevant European Consumer Centre from the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. Help from the European Consumer Centres is as a rule free of charge. A list of the Consumer Centres competent for each country is available at: https://konsument.gov.pl/eck-w-europie/

   In addition, the following forms of support are available within the territory of the Republic of Poland:

   • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule the procedure is free of charge. A list of the inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
   • assistance from the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for the case to be heard before the arbitration court should be submitted. As a rule the procedure is free of charge. A list of the inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
2. The preceding provision is for information only and does not constitute an undertaking by the Service Provider to use out-of-court dispute resolution methods.
3. Using out-of-court complaint and redress procedures is voluntary for both the Service Provider and the Consumer.
4. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Privileged Service Recipient has the right to withdraw from the agreement for the maintenance of the Account concluded with the Service Provider within 14 days without giving any reason.
2. The period for withdrawal from the agreement for the maintenance of the Account expires 14 days after the day on which that agreement was concluded.
3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider of their decision to withdraw by an unequivocal statement (for example a letter sent by post or by e-mail). For this purpose the Privileged Service Recipient may use the Service Provider's contact details given in § 2 of the Terms, or use the withdrawal function referred to in section 4.
4. The Privileged Service Recipient may exercise the right of withdrawal from a contract concluded online using the withdrawal function available under Complaints and Returns. Where this function is used, the Service Provider will without undue delay send the Privileged Service Recipient confirmation of receipt of the withdrawal notice on a durable medium (for example by e-mail), including its content and the date and time of submission.
5. The Privileged Service Recipient may use the model withdrawal form set out at the end of the Terms, although this is not obligatory.
6. To meet the withdrawal deadline it is sufficient for the Privileged Service Recipient to send the information concerning the exercise of their right of withdrawal before the withdrawal period expires.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the Service Recipient in connection with the conclusion of the agreement for the maintenance of the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including the other purposes and legal bases for processing, as well as the recipients of the data – is set out in the privacy policy available in the Shop, in line with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
2. The purpose of processing the Service Recipient's data is the maintenance of the Account. The legal basis for processing personal data in this case is the agreement for the maintenance of the Account or steps taken at the Service Recipient's request with a view to concluding it (Article 6(1)(b) GDPR), as well as the legitimate interest of the Service Provider consisting in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6(1)(f) GDPR).
3. Providing data is voluntary for the Service Recipient, but at the same time necessary for the agreement for the maintenance of the Account to be concluded and for the services covered by it to be supplied. If the data is not provided, the agreement for the maintenance of the Account cannot be concluded and the Service Provider will not be able to supply the services covered by it.
4. The Service Recipient's data will be processed until:
   1. the agreement for the maintenance of the Account ceases to be in force;
   2. it is no longer possible for the Service Recipient or the Service Provider to pursue claims connected with the Account;
   3. an objection by the Service Recipient to the processing of their personal data is upheld – where the basis for processing was the legitimate interest of the Service Provider

   – whichever applies in a given case.

5. The Service Recipient has the right to request:
   • access to their personal data,
   • its rectification,
   • its erasure,
   • restriction of processing,
   • transfer of the data to another controller

   and the right to:

   • object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
6. To exercise these rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient considers that their data is being processed unlawfully, they may lodge a complaint with the authority competent for personal data protection. In Poland this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS OR TO THE ACCOUNT

1. The Service Provider reserves the right to amend the Terms only for important reasons. An important reason means the need to amend the Terms caused by:
   1. a change in the functionality of the Account requiring the Terms to be modified, or
   2. a change in the law affecting the performance of the agreement for the maintenance of the Account by the Service Provider, or the adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or decisions of the competent public authorities, or
   3. a change in the Service Provider's contact or identification details.
2. Information about a planned change to the Terms will be sent to the Service Recipient's e-mail address assigned to the Account at least 7 days before the changes take effect.
3. If the Service Recipient does not object to the planned changes before they take effect, it is deemed that they accept them, which is no obstacle to terminating the agreement in the future.
4. If the Service Recipient does not accept the planned changes, they should send information to that effect to the Service Provider's e-mail address given in § 2 of the Terms, which will result in termination of the agreement for the maintenance of the Account at the moment the planned changes take effect.
5. The Service Provider may make a change to the Account that is not necessary to maintain its conformity with the agreement for the maintenance of the Account, for the reason indicated in section 1(b) or because of a change in the functionality of the Account. Making a change referred to in the preceding sentence will not involve any cost for the Privileged Service Recipient. Sections 2-4 apply accordingly.
6. If a change referred to in section 5 materially and adversely affects the Privileged Service Recipient's access to or use of the Account, the Service Provider will send to the Privileged Service Recipient's e-mail address, sufficiently in advance and on a durable medium, information about the characteristics and the date of that change and about the rights the Privileged Service Recipient has in connection with it.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing content of an unlawful nature.
2. The agreement for the maintenance of the Account is concluded in Polish.
3. An agreement concluded on the basis of these Terms is governed by Polish law, subject to section 4.
4. The choice of Polish law for an agreement concluded on the basis of the Terms with a Consumer does not repeal or limit the Consumer's rights under mandatory provisions of law applicable to that Consumer in a situation where no choice of law is made. This means in particular that if the national provisions applicable to a given Consumer provide broader protection than that resulting from these Terms or from Polish law, that broader protection applies.
5. In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, connected with the agreement for the maintenance of the Account, the competent court will be the court having jurisdiction over the Service Provider's registered office.
6. The Website Terms available in the Shop apply to the use of the Shop's website and the functions available on it.