Beditom

TERMS AND CONDITIONS

Thank you for visiting our website provided at https://beditom.pl (here in after:WebsiteorService).

These Terms and Conditions set out the general rules of use of the Website. These terms and conditions govern your use of the functionality and resources of the Website, including our liability issues.

We strongly recommend reading the Terms and Conditions.

The beditom.pl team

TERMS AND CONDITIONS OF BEDITOM.PL

TABLE OF CONTENTS:

PRELIMINARY PROVISIONS
GENERAL TERMS AND CONDITIONS OF USE
ELECTRONIC SERVICES ON THE WEBSITE
ENQUIRY FORM, REQUEST FOR QUOTATION
ACCOUNT, PRODUCT REGISTRATION, USE OF THE RMA PANEL
PRODUCT CONFIGURATOR
SEARCH
CONTACT US
COMPLAINTS REGARDING THE WEBSITE
OUT-OF-COURT COMPLAINT AND ENFORCEMENT PROCEDURES
STATUTORY RIGHT OF WITHDRAWAL
PROVISIONS REGARDING BUSINESS ENTITIES
INTERRUPTIONS IN OPERATION AND TECHNICAL FAILURES
WEBSITE COPYRIGHT
ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES
FINAL PROVISIONS

§ 1 PRELIMINARY PROVISIONS

The owner of the Website is BEDITOM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its registered office in Gdynia (registered and correspondence address: ul. Północna 1d, 81-029 Gdynia), entered in the Register of Entrepreneurs of the National Court Register under KRS no.: 0000948691; register court where the company's documentation is kept: District Court Gdańsk - Północ in Gdańsk, VIII Economic Division of the National Court Register; share capital of : PLN 772 800.00; NIP: 5861030703, REGON: 190832322, e-mail address: biuro@beditom.pl, contact number: +48 58 667 37 10 (here in after:Service Provider).
These Terms and Conditions and all the provisions contained herein are addressed to and thus binding on all persons using the Website, unless a particular provision states otherwise. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers (or Entrepreneurs with Consumer Rights) entitled to them under mandatory provisions of law. In case of any discrepancies of the provisions of the Terms and Conditions with the legal provisions mentioned above, priority is given to the latter.
These Terms and Conditions of the Website constitute rules and regulations within the meaning of Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204 as amended). The subject matter of these Terms and Conditions is to define the regulations for the use of the Electronic Services available on the Website. The Website is not an online store and does not enable the purchase of the BEDITOM Products presented therein. The conclusion of the sales contract may take place at one of the Service Provider's showrooms, via an ordering page for B2B customers separate from this Website or by placing an order remotely after contact with the Service Provider, including, for example, contact from the Service Provider after the User has previously sent an enquiry via the Enquiry Form. These Terms and Conditions also o not govern the Service Provider’s complaints and warranty liability for BEDITOM Products. The warranty conditions can be found in the relevant Warranty Card enclosed with the BEDITOM Product.
Terms used in these Terms and Conditions have the following meanings:
1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Single Market for digital services and amending Directive 2000/31/EC (Digital Services Act) (Journal of Laws L 277, 27.10.2022, pp. 1-102).
2. INQUIRY FORM – Electronic Service, an interactive form available on the Website, enabling the User to send a message directly to the Service Provider.
3. REGISTRATION FORM – Electronic Service, an interactive form available on the pages of the Website, enabling the User to register a BEDITOM Product in order to obtain or extend the warranty protection from the Service Provider under the terms of the Warranty Card.
4. WARRANTY CARD – the warranty document attached to the BEDITOM Product, which sets out the terms and conditions of the Service Provider's warranty for the Product and the buyer's rights under the warranty.
5. CIVIL CODE CYWILNY – Act of 23 April 1964. - Civil Code (Journal of Laws No. 16, item 93 as amended).
6. PRODUCT CONFIGURATOR – Electronic Service, an interactive tool used to create a visualisation (design) of a Product by selecting individual Product features and elements by the User. Product designs created in the Product Configurator are for information purposes only and do not constitute an offer within the meaning of Art. 66 §1 of the Civil Code.
7. CONSUMER – a natural person for whom the use of the Website is not directly related to their economic or professional activity.
8. USER ACCOUNT, ACCOUNT – Electronic Service, a set of the User's resources marked with an individual name (login) and password in the ICT system of the Website, in which the data provided by the User, information about registered BEDITOM Products, complaints submitted by the User via the RMA Panel and other activities on the Website are collected.
9. ILLEGAL CONTENT – information which, either in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State which is in conformity with European Union law, irrespective of the specific subject matter or nature of that law
10. RMA PANEL – Electronic Service being a functionality of the User's Account, i.e. an interactive module enabling the User to submit a warranty claim to the Service Provider.
11. COPYRIGHT – Act of 4 February 1994 on copyright and related rights (Journal of Laws No. 24, item 83 as amended).
12. PRODUCT BEDITOM, PRODUCT – gate, door or other BEDITOM branded goods belonging to the Service Provider. BEDITOM Product catalogues available on the Website are for information purposes only and do not constitute an offer within the meaning of Art. 66 §1 of the Civil Code.
13. ENTREPRENEUR UNDER CONSUMER RIGHTS – a natural person for whom the use of the Website is directly connected with their business activity, when the circumstances indicate that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
14. TERMS AND CONDITIONS – these Terms and Conditions of the Website.
15. WEBSITE, SERVICE – the website operated by the Service Provider and available at the Internet address https://beditom.pl.
16. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the User via the Website in accordance with the Terms and Conditions.
17. SERVICE PROVIDER – company BEDITOM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Gdynia (registered office and correspondence address: ul. Północna 1d, 81-029 Gdynia), entered in the Register of Entrepreneurs of the National Court Register under KRS no.: 0000948691; register court where the company's documentation is kept: District Court Gdańsk - Północ in Gdańsk, VIII Economic Division of the National Court Register; share capital of: PLN 772 800.00; NIP: 5861030703, REGON: 190832322, e-mail address: biuro@beditom.pl, contact number: +48 58 667 37 10.
18. ACT ON CONSUMER RIGHTS – Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).
19. USER – (1) a natural person carrying out a business or professional activity (i.e. not being a consumer in this case); (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law; - who uses or intends to use the Website and its Electronic Services.
20. SEARCH ENGINE – Electronic Service, an interactive search engine available on the pages of the Website, enabling the User to search for and browse partner points of sale distributing BEDITOM Products.

§ 2 GENERAL TERMS AND CONDITIONS OF USE

All advertisements, price lists, catalogues and other information about BEDITOM Products placed on the Website are for information purposes only and do not constitute an offer within the meaning of Art. 66 § 1 of the Civil Code. The conclusion of the sales contract may take place at one of the Service Provider's showrooms, via an ordering page for B2B customers separate from this Website or by placing an order remotely after contact with the Service Provider, including, for example, contact from the Service Provider after the User has previously sent an enquiry via the Enquiry Form.
The User is obliged to use the Website in a manner consistent with its purpose, subject matter and these Terms and Conditions, and in particular in compliance with the applicable law, rules of social conducts and good morals, with due respect for personal rights, copyrights and intellectual property of the Service Provider, other Users and third parties.
The User is obliged to enter data that are factually correct. The User is prohibited from providing unlawful content. The User is prohibited from sending unsolicited commercial information (spam) via the Website. The User shall refrain from any action which has the purpose or effect of interfering with the proper functioning of the Website. The User is obliged to use the functionalities and resources of the Website in a manner that is not onerous for other Users.
In order to use the Website correctly, it is necessary for the User to meet the following technical requirements: (1) a computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) a web browser in the current version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; and (4) the inclusion of cookies and JavaScript support in the web browser.
The Service Provider shall comply with Art. 6 sec. of the Digital Services Act, according to which: In the case of the provision of an information society service involving the storage of information provided by the recipient of the service, the service provider shall not be liable for the information stored at the request of the recipient of the service, provided that the provider: a) does not have actual knowledge of the illegal activity or illegal content and, in relation to claims for damages, does not know of a state of facts or circumstances which clearly demonstrates the illegal activity or illegal content; or: b) takes appropriate action without delay to remove or prevent access to the illegal content when it obtains such knowledge or knowledge.
The use of the Website involves standard risks found on the Internet. The main threat to any User, including those using Electronic Services, is the possibility of the ICT system being "infected" by various types of malware created mainly to cause damage or gain unauthorised access to User data. In order to avoid the risks associated with this, the Service Provider recommends that each User equips their equipment, which he or she uses to connect to the Internet, with anti-virus software and keeps it updated by installing the latest versions.
The Controller of the personal data processed in connection with the use of the Website is the Service Provider. Personal data are processed for the purposes, for the period and on the basis of the grounds and principles indicated in the polityce privacy policy https://beditom.pl/polityka-prywatnosci/ published on the Website. The Privacy Policy primarily contains rules regarding the processing of personal data by the Service Provider on the Website, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools on the Website. The use of the Website is voluntary. Likewise, the related provision of personal data by the user of the Website is voluntary,
subject to the exceptions indicated in the Privacy Policy (e.g. use of Electronic Services and statutory obligations of the Service Provider).

§ 3 ELECTRONIC SERVICES ON THE WEBSITE

Any User may use the Electronic Services under the conditions indicated in the Terms and Conditions.
The use of Electronic Services is free of charge.
In particular, the Service Provider shall make the following Electronic Services available to Users:
1. Enquiry Form,
2. Account (within the account also: Product Registration Form, RMA Panel),
3. Product Configurator,
4. Search engine.
A detailed description of the Electronic Services and how they operate is available in these Terms and Conditions and on the Website.
Any information, content and data sent, stored, disseminated or made available by the User through the Website shall be accurate, lawful and contain truthful information. It is forbidden to send content that violates the rules of netiquette, content that is offensive, vulgar, inciting hatred, racism or xenophobia, and content that contains information that is untrue or may mislead the Service Provider or other persons, as well as containing content advertising or promoting directly or indirectly other sites, companies, products and services, in particular those competing with the Service Provider and its Website.

§ 4 ENQUIRY FORM, REQUEST FOR QUOTATION

The Enquiry Form allows you to submit an enquiry to the Service Provider. The Enquiry Form does not enable you to place an order, but only to request a quotation from the Service Provider.
The Enquiry Form can be used by navigating to the relevant tab or from the page of the specific BEDITOM Product on the Website. Sending a message using the Enquiry Form requires the User to complete two consecutive steps - (1) filling in the Enquiry Form with the data indicated as mandatory and (2) clicking on the action field on the Website page after filling in the Enquiry Form - until this point, the User can modify the data entered. In the Enquiry Form, it is necessary for the User to provide at least the content of the message to be addressed to the Service Provider, as well as the User's contact details (i.e. name and e-mail address), which will enable a response to the enquiry. The User can also provide a contact number.
The Electronic Enquiry Form Service is provided free of charge and is provided on a one-time basis and shall terminate upon the sending of a message through it, or upon the User's early cessation of sending messages through it. The message sent via the Enquiry Form is solely in the nature of an enquiry and does not create any obligation on the part of the User towards the Service Provider.

§ 5 ACCOUNT, PRODUCT REGISTRATION, USE OF THE RMA PANEL

The use of an Account is possible after the User has completed a total of four consecutive steps - (1) navigating to the customer area on the Website completing the registration form, (2) clicking on the action field and (3) confirming the wish to create an Account by clicking on the confirmation link sent to the email address provided. In the registration form, it is necessary for the User to provide the following User data: user name, e-mail address and password.
Each user is obliged to keep their data provided within the framework of the Account up-to-date in the event of any changes. The User may only have one Account on the Website at any one time without the consent of the Service Provider.
The User is obliged to keep the access data to the Account secret from third parties. The User is not entitled to grant access to the Account to other persons, including by renting or lending the Account.
The Website allows Users to register a BEDITOM Product purchased at one of the Service Provider's showrooms, its partners' points of sale or via an ordering page for B2B customers separate from this Website. The registration of the Product on the Website may be a condition for granting or extending the warranty protection for the BEDITOM Product in accordance with the provisions of the Warranty Card received by the User.
Registration of the Product is possible after the use of the Registration Form and follows a total of two consecutive steps by the User - (1) filling in the Registration Form available on the Website and (2) clicking on the action box - at this point the Product is registered on the Website. In the Registration Form, it is necessary for the User to provide the following data concerning the User: data concerning the Product: name of the Product, serial number of the Product and date of purchase, and data concerning the assembly of the Product: assembly address (town, street number of the building/location, postal code).
The RMA panel is designed to efficiently handle warranty claims for BEDITOM Products distributed by the Service Provider or partner outlets. The RMA panel makes it possible, among other things, to lodge a claim based on the guarantee provided for the Product, as well as to track the status of the claim and be informed of the guarantor's decision. The RMA panel is not used to make a complaint about a Product on the basis of a statutory warranty. Complaints on the basis of warranty should be made directly to the seller of the Product in question.
A claim via the RMA Panel should be submitted in accordance with the terms and conditions of the warranty granted, in particular the Warranty Card enclosed with the Product will specify the possible claims relating to the Product in question.
The Guarantor will respond to the complaint submitted in accordance with the terms and conditions indicated in the Warranty Card.
Information about complaints submitted via the RMA Panel, their status and the guarantor's decision regarding the complaint in question is indicated in the RMA Panel next to the complaint in question and, in addition, information about any change in status and the guarantor's decision is sent to the e-mail address assigned to the User Account.
The RMA Panel Electronic Service is provided free of charge and for an indefinite period of time, i.e. as long as the User has an active Account on the Website.
The Electronic Account Service is provided free of charge and for an indefinite period of time. The User has the possibility, at any time and without stating any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: biuro@beditom.pl. The deletion of the Account by any means shall be without prejudice to the User's rights and obligations arising from complaints already made, pursued or performed.
The Service Provider reserves the right to suspend and ultimately to delete the User's Account in the following cases: (1) the actions of the User in question damage the reputation of the Service Provider or the Website; (2) the User uses the Website contrary to its purpose and subject matter; (3) the User's actions pose a threat to the security of the Service Provider's ICT system and the Website or to the security of other Users during their use of the Website; (4) the User provides within the Website unlawful, vulgar and offensive content, content violating other's personal rights and copyrights or other intellectual property rights, content violating good customs and rules of social coexistence as well as content promoting directly or indirectly other websites, companies, products and services competing with the Service Provider and the Website; (5) the User provides incomplete (where mandatory) or false data on the Website; or (6) the User otherwise grossly or persistently violates the provisions of these Terms and Conditions.
The Account may be suspended for a specific period indicated by the Service Provider or indefinitely - until the reason for its suspension ceases. During the suspension, it is not possible to log in to the Account and use its functionality and resources. During the suspension of the Account, the User is obliged to take action to remove the reasons for the suspension and, once removed, is obliged to inform the Service Provider immediately. The Service Provider shall immediately unblock the Account once it has received information that the reason underlying its suspension has ceased to exist.
Before deciding to suspend the Account, the Service Provider shall, as far as possible, call on the User by email (e-mail) to cease the infringement, and only if the call proves ineffective or impossible - the Service Provider may suspend the User's Account.
If the suspension of the User's Account lasts for at least 30 calendar days and the reasons for the suspension have still not ceased, the Service Provider is entitled to terminate the User's contract for the use of the Account with 7 days' notice by sending a relevant statement to the User's e-mail address. On expiry of the notice period, the Account shall be deleted irretrievably.
The deletion of the Account by any means shall be without prejudice to the Service Provider's ability to continue to store the User's personal data for the period of time necessary for the other purposes of processing (other than the use of the Account) in accordance with the Website's privacy policy.

§ 6 PRODUCT CONFIGURATOR

The Product Configurator enables the creation of a visualisation (design) of the Product by the User's selection of individual features and elements of the Product.
Use of the Product Configurator requires the User to complete a total of three consecutive steps - (1) navigating to the relevant tab on the Website; (2) selecting or specifying the options available under the BEDITOM Product features indicated in the Configurator; and (3) clicking the action box. The User is then able to send the Service Provider a request for the BEDITOM Product created using the Configurator.
The Product Configurator Service is provided free of charge and has a one-time nature and terminates when the BEDITOM Product design is created using the Configurator.

§ 7 SEARCH

The search engine can be used by clicking on the relevant tab on the Website. The search engine is linked to an interactive map that displays the locations of BEDITOM Products' partner outlets. The User has the option to search for specific outlets by entering a location of interest or by enabling geolocalisation on their terminal device. When using the search engine, the user is presented with search results, including a list of outlets that correspond with the location selected by the User.
The Electronic Search Service is free of charge, non-recurring and terminates upon use by the User or upon early exit from the Website.

§ 8 CONTACT US

The main forms of ongoing remote communication with the Service Provider are: e-mail (e-mail address: biuro@beditom.pl) and the Enquiry Form, through which Users may exchange information with the Service Provider regarding the use of the Website. Users may also contact the Service Provider in other legally permissible ways, using the details indicated at the beginning of the Terms and Conditions.

§ 9 COMPLAINTS REGARDING THE WEBSITE

The basis and scope of the Service Provider's liability towards the User for the operation of the Electronic Services are determined by the generally applicable provisions of Polish law. The basis and scope of the Service Provider's liability towards the User when the Electronic Service is provided in a manner incompatible with the contract are defined by the generally applicable legal regulations, in particular the Civil Code, the Consumer Rights Act or the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 no. 144, item 1204 as amended). In the case of a complaint from a Consumer or Entrepreneur on Consumer Rights involving digital content or services, the provisions of the Consumer Rights Act as in force from 1 January 2023 shall apply, in particular Art. 43h – 43q of the Consumer Rights Act.
Complaints related to the Electronic Services and other notifications regarding the operation of the Website should be sent by the User to the Service Provider, e.g. via e-mail to: biuro@beditom.pl.
It is recommended that the User provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the User's expectations; and (3) the contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements stated in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
The Service Provider shall respond to the User's complaint immediately, but no later than within 14 calendar days of receipt.

§ 10 OUT-OF-COURT COMPLAINT AND ENFORCEMENT PROCEDURES

Methods of resolving disputes out of court include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g. through arbitration (arbitration court). Detailed information about the possibility for consumers to use out-of-court complaint and redress procedures, as well as rules of access to these procedures and a user-friendly search engine for amicable dispute resolution entities are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
There is also a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on matters concerning out-of-court settlement of consumer disputes. The consumer can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
The Consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; and (3) the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and by the consumer helpline number 801 440 220 (helpline open weekdays, 8:00 - 18:00, call charge at operator's tariff).
Important - The possibility to submit complaints via the ODR platform expires on 20 March 2025 and the platform itself will be abolished on 20 July 2025. a sama platforma zostanie zlikwidowana 20 lipca 2025 r. At http://ec.europa.eu/odr , the EU online consumer dispute resolution platform (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

§ 11 STATUTORY RIGHT OF WITHDRAWAL

The provisions of clause 11 of the Terms and Conditions shall apply to distance contracts concluded by Consumers with the Service Provider.
The Consumer, in accordance with Art. 27 of the Consumer Rights Act, may withdraw from a distance contract within 14 calendar days, without stating a reason and without incurring costs. At the same time, the Service Provider indicates that it does not enter into any paid contracts with Consumers via the Website. Consumers may unsubscribe from the Website and the Electronic Services at any time and at no cost as described in the Terms and Conditions below.
To meet the deadline for withdrawal it shall be enough to send a statement before its expiration. The declaration of withdrawal may be submitted in accordance with the Service Provider's contact details provided at the outset and in clause 8 of the Terms and Conditions. A sample withdrawal form is available as Annex 2 to the Consumer Rights Act. The Consumer may use the template form but is not obliged to do so.
The right of withdrawal from a contract concluded at a distance does not apply to the Consumer with regard to, inter alia, service contracts, if the Service Provider has performed the service in full with the Consumer's express consent, who has been informed prior to the performance that he will lose his right of withdrawal after the Service Provider's performance.
In the case of service contracts, the withdrawal period shall run from the day of conclusion of the contract.
The provisions of clause 11 of the Terms and Conditions concerning the Consumer shall also apply to the Entrepreneur under Consumer Rights.

WITHDRAWAL FORM (this form should be completed and returned only if you wish to withdraw from the contract)
BEDITOM sp. z o. o. ul. Północna 1d, 81-029 Gdynia e-mail: biuro@beditom.pl tel.: +48 58 667 37 10 I, __________________________, hereby give notice of my withdrawal from the contract for the provision of the __________________________ service within the beditom.pl website. The date of conclusion of the contract is __________________________.____________________________ (place, date, signature)

§ 12 PROVISIONS REGARDING BUSINESS ENTITIES

Clause 12 of the Terms and Conditions and the provisions contained therein are addressed to and thus binding only on the User who is not a Consumer and who is also not an Entrepreneur under Consumer Rights.
The Service Provider has the right to withdraw from the contract concluded with the User within 14 calendar days of its conclusion. Withdrawal from the contract in this case may take place without stating any reason and shall not give rise to any claims on the part of such User against the Service Provider.
The Service Provider shall have the right to terminate the contract for the use of Electronic Services with the User at any time and without giving any reason, which shall not give rise to any claim on the part of such User against the Service Provider.
The Service Provider is entitled at any time to take steps to verify the truthfulness, reliability and accuracy of the information provided by the User, in particular that provided when sending a complaint via the RMA Panel or messages via the Enquiry Form. In terms of verification, the Service Provider shall be entitled, among other things, to request the User to send a scan of his or her certificates, attestations or other documents necessary for verification. During the verification referred to in the preceding sentence, the Service Provider is entitled to suspend the Account and withhold the processing of the complaint submitted by the User via the RMA Panel for the duration of the verification.
The Service Provider shall not be liable to the User for damages and non-fulfilment of obligations resulting from force majeure events (e.g. hacking attacks, natural disasters, epidemics, riots, wars, riots, floods, fires, earthquakes, acts of the executive or legislative authorities, border and port blockades) or any other causes beyond the Service Provider's control.
The Service Provider shall be liable to the User, irrespective of its legal basis, up to the amount of the costs incurred by the User for the use of the Website for the period of the last year, and in the absence thereof - up to the amount of PLN 500.00 (five hundred zlotys). The limitation of the amount referred to in the preceding sentence shall apply even in the absence of any paid contract between the User and the Service Provider or in the case unrelated to this contract. The Service Provider shall only be liable to the User for typical and actual damage foreseeable at the time of conclusion of the contract, excluding lost profits.
Any disputes arising between the Service Provider and the User shall be submitted to the court having jurisdiction over the seat of the Service Provider.

§ 13 INTERRUPTIONS IN OPERATION AND TECHNICAL FAILURES

The Service Provider shall make reasonable efforts to ensure the correct and uninterrupted functioning of the Website. However, due to the complexity and sophistication of the Website and its Electronic Services, as well as due to external factors beyond the Service Provider's control (e.g. DDOS - distributed denial of service), it is possible that errors and technical failures may occur which prevent or limit the functioning of the Website in any way. In such an event, the Service Provider will take all possible and reasonable measures to ensure that the negative effects of such events are reduced to the greatest extent possible.
The Service Provider shall inform the Users immediately of any errors and technical failures referred to above and of the expected timeframe for their rectification.
In addition to interruptions due to errors and technical failures, other technical interruptions may also occur, during which the Service Provider takes measures to develop the Website and to protect it against errors and technical failures.
The Service Provider plans technical interruptions in such a way that they are as little as possible onerous for the Users, in particular that they are planned for times with reduced traffic on the Site (e.g. night hours) and only for the time necessary for the Service Provider to perform the necessary actions. The Service Provider shall inform Users of planned technical interruptions well in advance, also stating the expected duration of the planned interruption.
The Service Provider shall not be liable to the Users for damages and non-fulfilment of obligations resulting from any errors and technical failures and interruptions referred to in clause 13 of the Terms and Conditions. This section of the Terms and Conditions is not intended to exclude or limit any of the rights of the Consumer or Entrepreneur under Consumer Rights provided for by generally applicable law, in particular with regard to the Service Provider's liability for improper performance.

§ 14 WEBSITE COPYRIGHT

Copyright and intellectual property rights in the Website as a whole and in its individual elements, including content, graphics, works, designs and signs available within it, belong to the Service Provider or other authorised third parties and are protected by the provisions of the Copyright Law and other generally applicable laws. The protection of the Website extends to all forms of expression.
The Website is to be treated like any other work subject to copyright protection. The User is not entitled to copy the Website except in cases permitted by mandatory law. The User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Website, except as permitted by mandatory law.
Trademarks of the Service Provider and third parties should be used in accordance with applicable laws.

§ 15 ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES

This clause of the Terms and Conditions contains provisions resulting from the Digital Services Act insofar as they apply to the Website and the Service Provider. Whenever the User provides content, they are obliged to comply with the rules contained in these Terms and Conditions.
POINT OF CONTACT - The Service Provider designates the email address biuro@beditom.pl as the single point of contact. The Point of Contact enables the Service Provider to communicate directly with Member State authorities, the European Commission and the Digital Services Board and, at the same time, enables users of the Website to communicate with the Service Provider electronically, in a fast and user-friendly manner, for the purposes of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
Procedure for reporting Illegal Content and acting in accordance with Art. 16 of the Digital Services Act:
1. At the email address biuro@beditom.pl , any person or any entity may report to the Service Provider the presence of specific information that the person or entity considers to be Illegal Content.
2. The notification should be sufficiently precise and adequately justified. To this end, the Service Provider shall allow and facilitate reports to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, according to the type of content and the specific type of service; (3) the name and e-mail address of the person or entity making the report, with the exception of a report concerning information deemed to be related to one of the offences referred to in Art. 3–7 of Directive 2011/93/EU; and (4) a statement attesting to the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
3. The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Art. 6 of the Digital Services Act in relation to the information to which it relates, if it enables the Service Provider acting with due diligence to ascertain – without detailed legal analysis – the illegal nature of the activity or information in question.
4. If the notification contains electronic contact details of the person or entity that made the notification, the Service Provider shall send such person or entity an acknowledgement of receipt of the notification without undue delay. The Service Provider shall also, without undue delay, notify such person or entity of its decision with regard to the reported information, providing information on how to appeal the decision taken.
5. The Service Provider shall process all reports it receives under the mechanism referred to above and shall make decisions with regard to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it shall include relevant information in the notification referred to in the previous clause.
Information on the restrictions that the Service Provider imposes in connection with the use of the Website, in relation to the information provided by the User:
1. The User is bound by the following rules when providing any content on the Website:
  1. the obligation to use the Website, including the posting/uploading of content, in accordance with its purpose, these Terms and Conditions and in a manner consistent with the law and good morals, bearing in mind respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
  2. an obligation to enter content that is factually correct and not misleading;
  3. prohibition of the provision of unlawful content, including the provision of Illegal Content;
  4. prohibition on sending unsolicited commercial communications (spam) via the Website;
  5. prohibition of providing content violating generally accepted principles of netiquette, including content containing vulgar or offensive content;
  6. the obligation to hold, where necessary, all required rights and permissions to provide such content on the Website, in particular copyrights or the required licences, authorisations and consents to use, distribute, make available, or publish it, in particular the right to publish and distribute it in the Online Shop, and the right to the use and dissemination of an image or personal data in the case of content which includes an image or personal data of a third party.
  7. the obligation to use the Website in a manner that does not pose a security risk to the Service Provider's ICT system, the Website or third parties.
2. The Service Provider reserves the right to moderate the content provided by Users on the Website. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or on a notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with European Union law and national law compatible with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
3. The moderation process can be done manually by a human being or rely on automated or semi-automated tools to facilitate the Service Providers to identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider will make a decision regarding the content. The Service Provider will inform the User who provided the content (if it has their contact details) in a clear and easily understandable manner of its decision, the reasons for the decision and the options available to appeal the decision.
4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
Any comments, complaints, grievances, appeals or objections relating to decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or a decision of the Service Provider taken in accordance with the provisions of these Terms and Conditions may be made in a manner analogous to the complaint procedure indicated in clause 8 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the complaint’s procedure shall be without prejudice to the right of the person or entity concerned to institute proceedings before a court and shall be without prejudice to their other rights.
The Service Provider shall deal with any comments, complaints, complaints, appeals or objections regarding a decision or other action or inaction taken by the Service Provider on the basis of a notification received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information complained of is not illegal and does comply with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility, or take such other action as it deems necessary.
Users, persons or entities who have made a report of Illegal Content to whom the Service Provider's decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved through the Service Provider's internal complaint handling system.

§ 16 FINAL PROVISIONS

The language of communication between the Service Provider and the User is Polish.
Amendments to the Terms and Conditions:
1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in the law; becoming subject to legal or regulatory obligations; changing the scope or form of the Electronic Services provided; adding or removing Electronic Services; changes in payment methods and deadlines; the need to counteract an unforeseen and imminent threat related to the protection of the Website, including the Electronic Services and Users against fraud, malware, spam, data breaches or other cyber security threats; the introduction or change of fees for the use of the Website; improvements in the quality of service to Users; changes to the Service Provider's data - to the extent that these changes affect the implementation of these Terms and Conditions.
2. The period of notice of the proposed changes prior to their implementation shall be at least 15 days from the date of notification, subject to clause. 16.2(d) and (e) of the Terms and Conditions. The User has the right to terminate the contract with the Service Provider before the expiry of the notification period. Such termination shall take effect 15 days after receipt of the notice.
3. In the case of the conclusion of a contract of a continuous nature (e.g. an agreement for the use of an Account), the amended Terms and Conditions are binding on the User, if the User has been duly notified of the changes in accordance with the notification period prior to their introduction and has not terminated the agreement during this period. In addition, at any time after receipt of the notification of changes, the User may accept the changes made and thus waive the continuation of the notification period. In the event that an amendment to the Terms and Conditions would result in the introduction of any new charges or an increase in the current (if any charges had previously been introduced), the User who is a Consumer or Entrepreneur with Consumer Rights has the right to withdraw from the contract.
4. In the case of the conclusion of a contract of a different nature than a continuing contract, the amendments to the Terms and Conditions shall in no way affect the User's acquired rights prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect contracts already performed and being performed.
5. The Service Provider may amend the Terms and Conditions without observing the 15-day notice period referred to in clause 16.2 of the Terms and Conditions, in the event that the Service Provider:
  1. is subject to a legal or regulatory obligation under which it is obliged to amend the Terms and Conditions in a way that prevents them from complying with the 15-day notification period;
  2. must exceptionally amend its Terms and Conditions to counteract unforeseen and imminent threat to protect the Website, including the Electronic Services and Users from fraud, malware, spam, data breaches or other cyber security threats.
6. In the circumstances referred to in clause 16.2 (e) of the Terms and Conditions, the implementation of changes takes place with immediate effect unless it is possible or necessary to apply a longer deadline for the implementation of changes, which the Service Provider.
In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 no. 144, item 1204, as amended); Act on Consumer Rights and other relevant provisions of the generally applicable laws.
These Terms and Conditions do not exclude the provisions in force in the Consumer's country of habitual residence, which cannot be excluded by contract. In such a case, the Service Provider guarantees the Consumer the protection afforded to him or her on the basis of provisions that cannot be excluded by means of an agreement.