§ 1. Definitions
The following terms used in the Terms and Conditions shall have the following meanings:
- E-mail – an electronic mail address,
- Consumer – a natural person not engaged in economic activity, as referred to in the Act of May 30, 2014, on consumer rights,
- Pro-Logis – Pro-Logis Limited Liability Company, address: Bardowskiego 10, 03-888 Warsaw, entered in the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000832336, REGON: 145844990, NIP: 5272667502, email address: biuro@pro-logis.waw.pl,
- Privacy and Cookies Policy – a document specifying, in particular, the purposes and principles of collecting data by the Website necessary for the provision of services by Pro-Logis, as well as storing and accessing information on the User’s devices using cookies, aimed at providing services electronically by Pro-Logis, available at: https://pro-logis.waw.pl/en/privacy-policy/
- Terms and Conditions – this document,
- Website – a system of web applications comprising a collection of static and dynamic documents, including files, graphics, scripts, and other elements of the collection interconnected and made available under the domain https://pro-logis.waw.pl/,
- Services – services provided by Pro-Logis using electronic data processing and storage devices via the Website, as referred to in these Terms and Conditions,
- User – an entity using Pro-Logis Services via the Website, who is either a natural person not engaged in economic activity or an entrepreneur.
§ 2. General Provisions
- The administrator of the Website is Pro-Logis.
- These Terms and Conditions are addressed to Users of the Website and define the terms of providing Services via the Website by Pro-Logis, as well as the rules of using the Website and the complaint procedure.
- The Terms and Conditions are available on the Website in a form allowing their downloading, recording, saving, printing, or reproducing.
- It is prohibited for the User to provide content other than specified in the Terms and Conditions, advertising, or unlawful content, and to take actions that may cause the improper functioning of the Website. If Pro-Logis receives notice or credible information about the unlawful nature of data provided by the User, Pro-Logis may restrict access to such data.
§ 3. Type and Scope of Activities
- Pro-Logis conducts business activities in the fields of warehousing, logistics, and co-packing.
- The Services referred to in the preceding paragraph may be provided via the Website, in the form of content transmitted and received using devices and software enabling remote communication, content transmitted and received using the Internet.
§ 4. User Rights and Obligations
- The User is obliged to:
- use the Website in a manner that does not disrupt its functioning and in accordance with the law applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions, and the Privacy and Cookies Policy,
- refrain from actions that violate good manners and the rules of fair competition, in particular, from placing unsolicited commercial information on the Website or taking actions aimed at obtaining legally protected information to which the User was not the intended recipient,
- not provide or transmit content prohibited by applicable law,
- not infringe the proprietary rights or personal rights of Pro-Logis or third parties, including other Users.
- The User is entitled to:
- notify Pro-Logis of any violation of their rights or any violation of the rules set out in the Terms and Conditions,
- notify Pro-Logis of any irregularities, defects, or interruptions in the functioning of the Website.
- The User may receive automatically generated messages from Pro-Logis’s IT systems, labeled with information such as “Automatically generated message. Please do not reply.” or similar. The User acknowledges that Pro-Logis is unable to review the content of any feedback sent by the User in response to such automatically generated messages.
§ 5. Technical Requirements
- In order to use the Website, it is necessary to:
- have access to the Internet,
- use a web browser that enables access to online content, e.g., Microsoft Edge or Internet Explorer version 11.0 or later, Chrome or Firefox version 15.0 or later,
- enable cookies and JavaScript.
- If the User uses hardware or software that does not meet the technical requirements specified in the preceding paragraph, Pro-Logis does not guarantee the correct functioning of the Website.
§ 6. Complaints Regarding the Provision of Services by Electronic Means
- Pro-Logis undertakes efforts to ensure the correct functioning of the Website and commits to resolving any irregularities reported by Users.
- The User is obliged to immediately notify Pro-Logis in writing or electronically of any irregularities or interruptions in the functioning of the Website.
- The User has the right to submit complaints to Pro-Logis regarding the use of the Website, particularly concerning the lack of access to the Website.
- Complaints should be submitted:
- electronically to the Pro-Logis email address mentioned in § 1 point 3 of the Terms and Conditions, or
- in writing by mail to the Pro-Logis headquarters address: Bardowskiego 10, 03-888 Warsaw, with the annotation “Complaint.”
- The User’s complaint should include their first and last name, the details of the entity on whose behalf the complaint is submitted, the User’s email address, mailing address, and a description of the factual situation and reported objections.
- Pro-Logis will respond to the complaint within 30 days of its submission. If the complaint is submitted by a Consumer and Pro-Logis does not respond to the complaint within 30 days, it shall be deemed that the complaint has been recognized as unfounded.
§ 7. Privacy and Cookies Policy
Information on the principles of personal data protection, the privacy policy, and the cookies used by Pro-Logis on the Website are regulated in a separate document – the Privacy and Cookies Policy, referred to in § 1 point 4 of the Terms and Conditions.
§ 8. Intellectual Property
- Pro-Logis declares that all content provided to the User is protected by intellectual property rights, in particular, copyright. All rights not expressly granted to the User under the provisions of the Terms and Conditions are reserved.
- The User may use works and databases contained on the Website only within the scope of permitted use, as referred to in the Act of February 4, 1994, on copyright and related rights. In particular, it is prohibited to copy, reproduce, transmit, modify, or publicly play the available content without the written consent of Pro-Logis unless it results from separate agreements or mandatory provisions of law.
- In relation to the provided Services, Pro-Logis grants the User a non-exclusive, time-unlimited, and non-transferable license to use the Services for the User’s personal needs.
- Pro-Logis grants the User permission to print copies or extracts from the Website exclusively for the User’s personal, non-business, or professional use.
§ 9. Final Provisions
- The Terms of Service come into effect on August 28, 2020.
- The content of the Terms of Service is made available to Users of the Website in such a way that the User can access, reproduce, preserve, and store the content of the Terms of Service before using the Website, by means of the telecommunication system used by the User.
- Pro-Logis reserves the right to block access to the Website or part of it for important reasons, particularly in cases of improper use of the Website or the occurrence of circumstances that could harm the User or Pro-Logis.
- If any individual provisions of the Terms of Service are deemed invalid or unenforceable, such invalidity or unenforceability does not affect the validity or enforceability of the remaining provisions of the Terms of Service. Pro-Logis will endeavor to replace the invalid or unenforceable provisions with new, legally valid ones.
- Pro-Logis is not responsible for the timeliness, accuracy, completeness, or usefulness of the information presented on the Website that has been posted or provided by third parties, nor for its suitability for any activities undertaken by the User.
- Furthermore, Pro-Logis is not responsible for the User’s use of the Website in violation of the Terms of Service, applicable legal regulations, or agreements between Pro-Logis and the User.
- The User is responsible for any consequences arising from the incorrect completion of forms available on the Website, particularly in the case of providing inaccurate or false information.
- The provisions of the Terms of Service do not affect the rights of Users who are Consumers to invoke the mandatory provisions of law governing Consumer protection.
- A User who is a consumer has the right to use out-of-court complaint and redress procedures. In particular, the User may submit a complaint via the European Union online platform available at: https://ec.europa.eu/consumers/odr/.
- In matters not regulated by the Terms of Service, the provisions of Polish law shall apply, including the Act of April 23, 1964 – Civil Code and the Act of July 18, 2002 on the provision of electronic services, as well as other applicable provisions of Polish law.
- Disputes arising from the interpretation or execution of the Terms of Service will be resolved by the competent Polish common courts.
- Pro-Logis reserves the right to amend the Terms of Service. Pro-Logis will inform Users of any planned changes to the Terms of Service by posting information about the planned changes on the Website at least 7 days before the changes come into effect.
- These Terms of Service replace all previous regulations regarding the provision of electronic services.