WEBSITE TERMS AND CONDITIONS

§1 GENERAL PROVISIONS

These terms and conditions (hereinafter referred to as the Terms and Conditions) set out the rules and technical conditions for the provision of electronic services via the website https://practicorr.org and the general rules and conditions for purchases (orders) made on this website or its tabs or subpages.

§2 DEFINITIONS

The terms used in these Terms and Conditions shall have the following meanings:

1. Registration form – Electronic Service, an interactive form available on the Website enabling registration for participation in the conference or submission of an abstract, in particular by adding an abstract, entering personal data and specifying the terms of the Agreement, including the method of payment;

2. Civil Code – Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);

3. Consumer – a consumer within the meaning of Article 221of the Civil Code;

4. Buyer – Consumer, Individual Entrepreneur or Business Entity purchasing Products via the Website.

5. Business Entity – any natural person, legal person or organisational unit without legal personality, conducting business or professional activity on its own behalf and performing a legal transaction directly related to its business or professional activity, which is not a Consumer or an Individual Entrepreneur;

6. Product – the possibility of registering for a conference or submitting an abstract available on the Website, which is the subject of the Agreement between the Buyer and the Seller;

7. Individual Entrepreneur – means a natural person who concludes a contract with the Seller directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that 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 Economic Activity;

8. Terms and Conditions – means these Terms and Conditions of the Website;

9. Website or Shop – the website operated at the internet address https://practicorr.org, constituting an online sales platform operated by the Seller;

10. Seller or Service Provider – Polskie Stowarzyszenie Korozyjne (Polish Corrosion Society) with its registered office in Gdańsk, ul. Tarcice 11, 80-718 Gdańsk, entered in the register of associations and for which the registration files are kept by the District Court Gdańsk - Północ in Gdańsk, 7th Commercial Division of the National Court Register under                                                       KRS number: 0000053936, NIP: 5251920108, REGON: 001270291,

11. Agreement – an agreement for registration for participation in a conference or for submission of an abstract, concluded or entered into between the Buyer and the Seller via the Website;

12. Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Website;

13. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 of 24 June 2014, as amended); 

14. Service Recipient – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service;

15. Order - a declaration of will made by the Buyer via the Website and aimed directly at concluding a Product Sales Agreement with the Seller.

§ 3 SUBJECT OF THE TRANSACTION

1. Through the Website, the Seller provides the Buyer with the opportunity to conclude a contract for participation in the Practicorr conference or to submit an abstract to the Practicorr conference organised by the Seller, as described in detail on the Website. 

3. The information presented on the Website, including the prices displayed on the Website, as well as the descriptions of the Products or information in the case of placing orders using other means of distance communication, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Buyers, and not an offer within the meaning of the Civil Code. In particular, sending an abstract does not guarantee participation in the conference and the opportunity to speak.

3. The Buyer places an Order on the Website by submitting an offer to purchase a specific Product on the terms specified in the Order. The conclusion of a Sales Agreement between the Buyer and the Seller takes place after the Buyer has placed an order on the Website in the manner described in § 4(1) of the Terms and Conditions, upon confirmation of the acceptance of the order for execution in the manner described in § 4(4) of the Terms and Conditions. 

§ 4  CONDUCTING TRANSACTIONS

1. Orders on the Website can be placed via the Store's website by selecting a Product (registration or abstract submission) and confirming the purchase. In order to submit an offer to purchase Products, the Buyer should also provide identification details, the scope of the service, indicate the method of payment and information about the need to receive a VAT invoice when placing the order.

2. When placing an order, the Buyer is obliged to provide correct identification data. The Seller shall not be liable for the consequences of the Buyer providing incorrect data, including, in particular, an incorrect e-mail address of the Buyer.

3. In response to an order placed in the manner specified in section 1 above, the system will automatically generate a confirmation of receipt of the order. 

4. After the electronic message confirming receipt of the order, the acceptance of the order for processing will be confirmed by the Seller electronically after the payment for the order has been credited. The contract is considered concluded only upon confirmation of the acceptance of the order for processing by the Seller.

5. After sending confirmation of acceptance of the order for execution by the Seller, the Seller shall send the Buyer confirmation of participation in the conference or acceptance of the abstract and, if applicable, information on whether it will be possible to present at the conference with this abstract.

§ 5 PERFORMANCE OF THE AGREEMENT

1. Due to the fact that the Products offered by the Seller on the Website have the character of participation in an event or information about the inability to present an abstract, the contract is performed by enabling such participation or providing information about the inability to present an abstract.

2. Due to their nature, the use of the Products is limited in time.

3. If the Seller grants access to any other platform (including, in particular, one that allows comments to be added and opinions to be exchanged with other people), the Buyer is obliged to use the platform in a manner consistent with the law, the Terms and Conditions and good manners, and in particular:

a. use the platform in a manner that does not interfere with the use of the platform by other users, does not violate any rights, property or interests of third parties, and does not adversely affect the functioning of the platform, in particular through the use of malicious software,

b. not disclose access data to the platform to any third parties, nor disseminate the content of the platform or its individual fragments. 

c. If the platform is used in a manner contrary to paragraph 3 above, the Seller reserves the right to block the Buyer's access to the content made available on the platform.

§ 6 PAYMENT

1. The available payment methods for the order are described on the Website and presented to the Buyer at the stage of placing the order.

2. Payments are handled by PayPro S.A. – with its registered office in Poznań, at ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of  PLN 4,737,100.00, paid in full, and in the register of national payment institutions kept by the Financial Supervision Authority under number UKNF IP24/2014.

3. If the Buyer has requested an invoice, it will be delivered to the Buyer electronically to the e-mail address provided in the order form.

§ 7 WITHDRAWAL FROM THE CONTRACT

1. Pursuant to Article 27 of the Consumer Rights Act, the Consumer and/or Individual Entrepreneur has the right to withdraw from the contract without giving reasons within 14 days from the date of conclusion of the contract. The declaration of withdrawal from the contract should be delivered to the Seller in electronic form to the address practicorr@practicorr.org or in writing to the address of the registered office: ul. Tarcice 11, 80-718 Gdańsk. In such a case, the Buyer may submit a declaration of withdrawal from the contract using the template available in Appendix 1 to the Regulations.

2. The Seller shall refund all payments made by the Consumer or Individual Entrepreneur immediately after receiving the statement of withdrawal, but no later than within 14 days. The Seller shall refund the payment using the same method of payment as used by the Consumer or Individual Entrepreneur, unless these persons have expressly agreed to a different method of refund which does not involve any costs for the Consumer or Individual Entrepreneur.

3. The right to withdraw from the contract does not apply to contracts for the supply of digital content that is not recorded on a physical storage medium, if the performance of the service began with the express consent of the Consumer or Individual Entrepreneur before the expiry of the withdrawal period and after the Seller informed them about the loss of the right to withdraw from the contract, and also in relation to contracts for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer or Individual Entrepreneur, who was informed before the commencement of the performance that after the performance by the Seller, they will lose the right to withdraw from the contract.

4. In the case of digital content, the moment of commencement of performance is when the Consumer and/or Individual Entrepreneur is sent an e-mail with access to the digital content or a link referring to it or to online training or to a website enabling its download or granting access to a package containing the content ordered by the Buyer.

§ 8 COMPLAINTS

1. The Seller is obliged to deliver the Product without defects.

2. The Seller is liable to the Consumer and/or Individual Entrepreneur if the Product has a physical or legal defect (warranty).

3. The warranty does not apply to Buyers other than Consumers and Individual Entrepreneurs.

4. In the event of defects in the Products delivered by the Seller, the Consumer and/or Individual Entrepreneur may submit complaints in electronic form to practicorr@practicorr.org or in writing to the registered office address: ul. Tarcice 11, 80-718 Gdańsk. 

5. The Seller shall respond to the complaint of the Consumer and/or Individual Entrepreneur within 14 (fourteen) calendar days and notify them of the further course of action.

6. The Seller does not use out-of-court settlement of consumer disputes.

§9 PROVISION OF SERVICES BY ELECTRONIC MEANS

1. The Service Provider provides the following services to Service Recipients free of charge by electronic means:

a) conference participation or abstract submission form;

b) content sharing.

2. Conference registration form or abstract submission form:

2.1. The conference registration or abstract submission form service enables contact with the Service Provider by sending a registration for participation in a conference organised by the Service Provider or an abstract submission via the form available on the Website.

2.2. The form service is available to any Service Recipient who, via the form available on the Website, provides the type of participation, the Service Recipient's company e-mail address, telephone number, first name, surname and any other voluntary information and services, as well as information about the need for an invoice or, when submitting an abstract, the type of session, topic, title of the paper, identification of the author(s) presenting and content.

3. Sharing content:

3.1. The use of the content made available on the Website does not imply the acquisition of any rights to this content by the Service Recipient. Unless otherwise specified in the Terms and Conditions, the following is prohibited in particular:

a) copying, modifying or transmitting electronically or otherwise the content or fragments thereof, in particular for commercial purposes,

b) distributing (including distribution for informational purposes in the press, radio, television and in such a way that everyone has access to the content at a place and time of their choosing) the content made available on the Website,

c) downloading content and reusing it in whole or in part.

3.2. Service Recipients may use the content within the scope of fair use, as defined by the provisions of the Act on Copyright and Related Rights and the Act on the Protection of Databases, provided that such use does not interfere with the normal use of the content by other  Service Recipients or prejudice the legitimate interests of the Service Provider and entities which, on the basis of cooperation with the Service Provider, have made the content available to it.

3.3. Any use of the content made available on the Website other than that specified in this paragraph 3, points 3.1. and 3.2., without the prior express consent of the Service Provider, given in writing or in an electronic message sent to the Service Recipient, is prohibited, and any infringement of the rights of the Service Provider (or entities which, on the basis of cooperation with the Service Provider, have made the content available to it) to the protected content will result in liability under the law. 

3.4. The content provided on the Website is for informational purposes only and is based on sources that the Service Provider considers reliable and verified. Due to the possibility of errors or omissions caused by circumstances beyond the Service Provider's control, the Service Provider shall not be liable, to the extent permitted by law, for the timeliness, accuracy, completeness of such content, or its usefulness or effectiveness for specific actions of the Service Recipients. The risk associated with the use and utilisation of the content shall be borne by the Service Recipient. To the extent permitted by law, the Service Provider shall not be liable to Service Recipients or third parties for any direct or indirect damages related to the use and utilisation of the content. 

4. The  Service Recipient has the right to:

4.1. use the Website in accordance with these Terms and Conditions,

4.2. submit complaints in the event of observing malfunctioning of the Website,

4.3. report errors, suggestions, observations and other comments related to the functioning of the Website,

4.4. protect personal data.

5. The  Service Recipient has the obligation to:

5.1. read and accept the content of these Terms and Conditions,

5.2. inform the Service Provider of any changes affecting the implementation or enforceability of the provisions of these Terms and Conditions,

5.3. provide true data when filling in the forms referred to in section 2 above. The data provided will be used for the proper performance of the Electronic Service,

5.4. use the Electronic Services in accordance with applicable law and these Terms and Conditions,

5.5. using the Website in a manner that does not infringe the rights of third parties, personal rights, copyrights, good manners and legal regulations,

5.6. to respect the copyrights to the materials and content posted on the Website, which are subject to full legal protection under the relevant copyright laws.

6. The Service Provider:

6.1. shall make every effort to ensure that the Electronic Services are provided at the highest level,

6.2. reserves the right to perform scheduled downtime related to system maintenance, installation of updates or corrections to the Website or introduction of new functionalities, and such downtime may involve temporary disconnection of access to the Website. If the downtime or temporary unavailability takes place between 10 p.m. and 6 a.m. and does not exceed 6 hours, it may be carried out without prior notice,

6.3. reserves the right, to the extent permitted by law, to block or otherwise prevent the Service Recipient from using the Website in the event of a breach of these Terms and Conditions by the Service Recipient.

7. The Website is intended for viewing its content by the Service Recipient without any interference with the content of the Website. Any actions of the Service Recipient that may cause any changes to the Website or that could have an effect on other users of the Website without the express consent of the Service Provider are prohibited.

8. The content of the Website, as well as its graphic design, are protected by copyright law. Without prior and express permission, copying, distribution, reproduction or further use of all materials and content or fragments thereof posted on the Website is prohibited. This does not limit the Service Recipient's right to use the materials posted on the Website for their own use.

9. Complaints procedure:

9.1. The Service Recipient has the right to lodge a complaint, in particular with regard to errors or malfunctions of the Website, as well as in the event of the Service Provider providing Electronic Services in a manner inconsistent with these Terms and Conditions.

9.2. Complaints may be submitted electronically to practicorr@practicorr.org or in writing to the registered office address: ul. Tarcice 11, 80-718 Gdańsk, no later than 21 days after the occurrence of the event to which the complaint relates. In the complaint, the Service Recipient should, in particular, indicate the subject of the complaint, the date of detection of the irregularity and include all data necessary for its proper identification and formulation of a response. 

9.3. The Service Provider shall consider the complaint without undue delay, if possible, no later than within 14 days from the date of its receipt. The Service Recipient shall be notified of the outcome of the complaint in the same manner in which the complaint was submitted. 

9.4. If the complaint does not contain information that allows for its unambiguous consideration, the Service Provider reserves the right to request additional information. In such a case, the deadline for considering the complaint shall be counted from the date of delivery of the additional information.

10. The conclusion of a contract for the provision of any free service related to the use of the Website takes place at the moment of performing any action on the Website by the Service Recipient, in particular by reading the content posted on the Website or using the free tools offered by the Service Provider. The Service Recipient may at any time submit a request to delete their identification data by sending a request to practicorr@practicorr.org with data enabling unambiguous identification of the Service Recipient. The deletion of identification data is tantamount to the cessation of services related to the use of the Website by the Service Recipient.

11. The Service Provider ensures that the Service Recipient's use of the Website and any other services provided electronically and offered on the Website prevents unauthorised persons from accessing the content of the message constituting these services, and, moreover, enables the Service Recipient to unambiguously identify the parties to the services, confirm the fact of making declarations of will and their content, necessary to conclude an electronic contract for the provision of these services.

12. The Service Provider ensures the possibility of terminating the use of the Website at any time, and in the case of using the forms available on the Website, immediately after the Service Provider receives an e-mail from the Service Recipient with such information to the address practicorr@practicorr.org or resignation from this Service in another manner provided for in these Terms and Conditions.

§10 TECHNICAL CONDITIONS FOR USING THE WEBSITE AND PRODUCTS

1. Use of the Website requires the Service Recipient to have a device enabling access to the Internet and optimally equipped with one of the following web browsers (in the indicated or newer versions): Mozilla Firefox version 58.0 and higher or Microsoft Edge 41.0 and higher, Opera version 51.0 and higher, Google Chrome version 63.0 and higher, Safari version 10.0 and higher, supporting JavaScript and enabling the saving of cookies.

2. Proper use of the Website may also require the Service Recipient to:

a) install auxiliary software (e.g. Java or similar),

b) have an e-mail account;

c) ensure prior acceptance of cookies,

3. No specific technical requirements need to be met by the Buyer's computer or other device in order to purchase and use the Products purchased through the Website. It is sufficient to meet the conditions referred to in section 1 above, as well as to have an email account and a file viewer in .pdf, .doc or .docx format. It may also be necessary to have file viewers in other formats, e.g. .mp3, mp4, JPG, PNG, but if the use of the Product requires additional technical conditions to be met, these conditions are indicated in the Product description on the Website.

§11 EXTERNAL LINKS

1. To the extent permitted by law, the Service Provider shall not be liable for the content of other websites, in particular those through which the Service Recipient gained access to the Website, as well as those to which the Service Recipient may gain access through this Website. The Service Provider shall not be liable for any of the above-mentioned websites or for any links contained therein.

2. If the Website refers (contains a link) to a third party's website, such a reference is made in good faith by the Service Provider and is based on the belief that what such a website contains or may contain is related to the Website. References (links) do not mean that the Service Provider has evaluated (reviewed) and/or approved the third-party website to which it refers.

3. The Service Recipient acknowledges that when using a specific link referring to another website external to the Website, they should familiarise themselves with the terms of use of that website, as they may shape the rights and obligations of the Service Recipient related to the use of content, services or products offered by entities other than the Service Provider.

§12 RESPONSIBILITY FOR THE OPERATION OF THE WEBSITE

1. The Service Provider undertakes to ensure the proper quality of the Electronic Services provided, however, it shall not be liable to  Service Recipients for temporary inability to use the Website or disruptions in its functioning caused by force majeure, i.e. sudden events that could not have been objectively foreseen or as a result of actions that the Service Provider could not have prevented despite exercising due diligence. 

2. To the fullest extent permitted by law, the Service Provider shall not be liable to the Service Recipient for any restrictions or exclusions of access to the Website at any time in order to make improvements or carry out necessary repairs and maintenance work. The work referred to in the preceding sentence shall, as far as possible, be carried out in the evening or on public holidays. Such restrictions or lack of access to the Website shall not be treated as a failure or malfunction and shall not constitute grounds for any claims against the Service Provider.

3. The Service Provider declares that it will exercise due diligence in securing the Website against unauthorised access by third parties (obtained as a result of breaking or circumventing the Website's IT security measures), however, it shall not be liable to the  Service Recipients for unauthorised access to the Website by third parties and the obtaining of  Service Recipients' data in this way if it could not prevent this due to force majeure or while exercising due diligence resulting from the nature of its business.

§13 GENERAL RULES FOR THE PROCESSING OF PERSONAL DATA

The Service Recipient's personal data is processed by the Service Provider in accordance with the rules set out in the Privacy Policy.

§14 FORCE MAJEURE

The Service Provider shall not be liable for non-performance or improper performance of Electronic Services under these Terms and Conditions, if such non-performance or improper performance is caused by circumstances beyond the Service Provider's ability to exercise control, despite exercising due diligence (force majeure). The circumstances referred to in the above sentence shall include, in particular: server failures, acts of nature, disturbances in public life, including strikes and riots, official actions, unfulfilled cooperative deliveries from the Service Provider's suppliers and other unforeseeable, unavoidable and serious events. The occurrence of such events shall release the Service Provider from the obligation to fulfil its obligations regarding the Electronic Services specified in the Terms and Conditions for the duration of the disruption and to the extent of its impact. The Service Provider undertakes to inform the Service Recipient of the situation as soon as possible and to do everything in its power to fulfil its obligations in good faith, to the extent permitted by the circumstances.

§15 FINAL PROVISIONS

1. In order to place an order on the Website, it is necessary to accept these Terms and Conditions.

2. The titles of the paragraphs in these Terms and Conditions have only a reference value and do not affect the interpretation of these Terms and Conditions.

3. The Service Provider informs that in connection with the provision of electronic services referred to in these Terms and Conditions:

a. it does not apply codes of ethics within the meaning of Article 661 § 2(6) of the Civil Code or codes of good practice within the meaning of the provisions on counteracting unfair market practices;

b. it does not use alternative dispute resolution methods (out-of-court complaint handling and redress procedures), unless such an obligation arises from mandatory provisions of law;

c. the language of contracts concluded with the Service Provider is Polish.

4. In matters not covered by these Terms and Conditions, the provisions of law generally applicable in the Republic of Poland shall apply.

5. If one or more provisions of these Terms and Conditions are found to be invalid, unlawful or unenforceable for any reason, such invalidity, unlawfulness or unenforceability shall not affect the other provisions of these Terms and Conditions, and these Terms and Conditions shall be interpreted as if the invalid, unlawful or unenforceable provision had never been included therein, and shall be enforced to the extent possible in accordance with the original intention.

6. Any disputes arising from these Terms and Conditions shall be settled by the parties amicably in the first instance.

7. If it proves impossible to resolve the dispute in accordance with paragraph 6 above, the parties agree that the court in Wrocław shall have jurisdiction to settle all disputes arising in connection with these Terms and Conditions. 

8. The Seller reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods, changes in the scope of services provided or technical conditions and the manner of providing services - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. 

In the event of concluding continuous contracts on the basis of these Terms and Conditions, the amended Terms and Conditions shall be binding on the Buyer if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Buyer has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Buyer who is a consumer has the right to withdraw from the agreement.

In the event of concluding agreements of a nature other than continuous agreements (e.g. Agreement) on the basis of these Terms and Conditions, changes to the Terms and Conditions shall in no way affect the acquired rights of Buyers, and in particular, changes to the Terms and Conditions shall not have any effect on orders already placed or submitted and agreements concluded, performed or executed before the changes to the Terms and Conditions come into force.

Appendix 1 to the Terms and Conditions of the Website

 


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