Terms of use

Terms of use www.mains.pl

Definitions.

 §1.

  1. Owner of the website available at www.mains.pl (hereafter Online Service) is MAINS S.C. Elżbieta Wosińska Mirosław Wosiński established in Brzeziny (95-060) Juliusza Słowackiego street 12, entered in the register of business activity, tax ID 8331323876, Business Reg. No. 472861854.
  2. User - a person visiting the website.
  3. Information – information about products posted on a website. Description of products posted on a website does not constitute an offer in respect of the Civil Code.
  4. Personal data – information relating to identified or making possible to identify natural person, including: its name, surname, address, IP address.
  5. Terms of use – these Online Service Terms of use  www.mains.pl. Terms of use are  available at www.mains.pl/Terms of use.php
  6. Teleinformatic System – set of cooperating IT devices and software that provide processing and storage as well as sending and receiving of data via telecommunication networks by the use of terminal device appropriate for the certain network type in respect of the Law 16 July 2004. Telecommunication Law (Journal of Laws 2004, 171, item 1800 as amended).
  7. Means of electronic communication – technical solutions, telecommunication devices and related software tools, enabling remote individual communications by the use of data transmission between IT systems, in particular by e-mail.
  8. The Agreement – Agreement on electronically supplied services is being concluded between Service Provider and Customer at the moment of actual use of Services, the provisions of Agreement are equal to the ones of the Terms of use.
  9. Services  – service provided by the Service Provider for Customer through Online Service.
  10. The Customer – natural person, legal person or unincorporated organisation, which use the services provided by Online Service under Agreement.
  11. Service Provider - MAINS S.C. Elżbieta Wosińska Mirosław Wosiński established in Brzeziny (95-060) Juliusza Słowackiego street 12, entered in the register of business activity, tax ID 8331323876, Business Reg. No.  472861854.


General provisions

§ 2

  1. These Terms of use regulate:
    a. rights and duties of Service Provider and Customer related to electronically supplied services,
    b. the rules of Online service use,
    c. rules for protection of data of persons using the electronically supplied services by means of Online service.
  2. The Customer is required to comply with the provisions of Terms of use from the moment when he/she performed actions in order to receive Online Services.
  3. All the data and characteristics posted on the website are provided for reference only and their actual parameters may vary; in order to receive particular data we recommend to contact the Service Provider, otherwise they cannot give rise to claims against Service Provider.
  4. Information posted on the website does not constitute an offer of MAINS-branded products. The purchase of any MAINS-branded products may occur subject to the terms agreed between the parties in individual sales contract.

 
Terms of Services

§ 3.

  1. In order to use the Online Service, the User should have a device enabling access to the Internet, among others a program used for browsing its resources, that accepts cookie files and e-mail account.  

 
Services provided by Online Service  

§ 4

  1. Service Provider supplies services electronically according to the Terms of use.
  2. All the Services provided via Online service are free of charge.
  3. The Online service contains information related to MAINS products and promotion programs of Service Provider.
  4. Online service is divided into following functional sections:
    a. information on MAINS company products
    b. information for manufactures
    c. information for maintenance providers
    d. information on MAINS company history
    e. information on innovations and technologies used in MAINS products
    f. information on MAINS products certificates
    g. information saved in electronic form related to MAINS products operating and maintenance.
  5. To obtain informational materials the Customer is required to provide the following personal data: name, surname, tel. number or email address.
  6. Customer's authorisation of Service Provider for processing of his personal details for marketing purposes and distribution of information by means of electronic communication is voluntary and is not necessary for providing Services by Service Provider.
  7. When providing his Personal data the Customer declares, that:
  • they are complete and consistent with the actual status,
  • they do not affect the rights of the third parties,
  • he is entitled to conclude an agreement,
  • he familiarized himself with the Terms of use and commits himself to comply with its provisions.

 
Rights and Duties

§ 5.

  1. Service Provider commits himself to render services in a continuous manner, reserving the right for:
    a. cessation of Services under the reasons of maintenance or modification of Online Service,
    b. modification of supplied service and the way it operates.
  2. It is prohibited to use the Online Service for the purposes inconsistent with universally applicable regulations or to the detriment of a third party, such as: defamatory contents, infringing personality rights and other third party rights.
  3. Service Provider is not responsible for the damage arising from cessation of Services.
  4. Service Provider is not responsible for the damage incurred by the third parties arising from Customer's use of services in conduct contrary to the Terms of use.
  5. Service Provider is not responsible for data loss of Customer arising from external factors or other circumstances outwith the control of Service Provider, including damage resulted from no continuity of services provision caused by the circumstances, the Service Provider is not responsible for, such as: force majeure, acts or omissions of the third parties.
  6. Service Provider is not responsible for wrong or incomplete personal data provided by the Customer.
  7. Service Provider is not responsible for Customer's actions contrary to provisions of the Terms of use.
  8. Online Service may contain links to other external websites; in this case Service Provider gives no guarantee as to the correctness of information of those websites; the Customer browses those websites at his own risk.

 
Protection of personal data

§ 6

  1. In order to protect Customers personal data from loss, misuse or alteration the Online service is provided with safety tools, required by Regulation of the Polish Minister of Internal Affairs and Administration of 29 April 2004 on documenting personal data, processing, and the technical and organizational requirements to be met by IT devices and systems used for the processing of personal data (Journal of Laws 2004 No 100, pos. 1024 as amended. Service Provider is required to protect processed information disclosed by Customers in accordance with the standards of safety protection and confidentiality. Access to the Customers personal data is limited in a restrictive manner, to protect the information from unauthorized access.
  2. Access to the Customers personal and address data is restricted to a minimum number of Service Provider employees.
  3. Service Provider does not collect any information about his Customers - they stay anonymous until they decide to disclose their personal data. In accordance with the Act of  29.08.1997 On protection of personal data.
  4. Service Provider enables Customer to use the Services provided by  the website anonymously or using pseudonym  with regard  of Services, where it is technically possible and customary.
  5. Providing of personal data is voluntary but necessary for Services performance, according with the Terms of use.
  6. Service Provider processes Customers Personal data to the extent necessary to establish and shape the content of Agreement, to change, terminate and supply correctly the Services, handle the sale transactions, to archive data, to settle the accounts with Customers, as well as for other purposes, provided that appropriate consent is  obtained.
  7. The rights of user are subject to the provisions of abovementioned Act, i.e. he is entitled to inspect Personal Data being processed at any time, to correct them or require deletion of.
  8. Personal data are not shared with other entities – including marketing purposes.

 
Intellectual and industrial property

§ 7.

  1. The content on the Website is protected by industrial and Intellectual Property rights.
  2. Information, illustrations and graphics posted on the Online Service may not be used for commercial purposes, as well as in materials infringing rules of proper conduct or inconsistent with universally applicable regulations.
  3. Information, illustrations and graphics posted on the Online Service may not be reproduced, alliterated, shared or published in whole or in part without prior written consent of Service Provider.
  4. Mains s.c. name and company logo constitute the registered trademarks, protected by provisions of Act of June 30th, 2000.  Act on industrial property law (Journal of Laws 2003, No 119, pos. 1117 as amended).
  5. The name of Online service, its concept, design, logo, graphics, trademarks, content, software and data base are protected by law.
  6. Service Provider declares, that he has full unlimited copyright to graphics and illustrations posted on Online Service.
  7. The Customer bears all responsibility for violation of the above provisions. The Customer committed to release Service Provider from any claims of the third parties arising from possible infringement of the rights of such a parties.

 
Conclusion and termination of the Agreement


§ 8.

  1. The Agreement is being concluded at the moment of actual use of service.
  2. The Agreement may be terminated by Customer and/or  Service Provider .
  3. The Agreement is terminated at the moment of actual finishing of service execution.
  4. Service Provider is entitled to terminate the Agreement in case when:
  • the Customer infringes the essential provisions of Terms of use,
  • the Customer provides wrong, fictitious or outdated personal data, or data infringing the third party’s goods,
  • Online service is used for the purpose other than those for which it is intended or to the detriment of third parties,
  • posting on Service the contents inconsistent with universally applicable regulations, including defamatory contents, infringing rules of proper conduct, personality rights and other third party rights,
  • hindering or offending Online service.

 
Complaint proceedings

§ 9.

  1. The Customer is entitled to address a complaint regarding the Services.
  2. The complaint can be submitted electronically using the Service Provider email address: biuro@manis.pl, complaint should contain at least the name, the surname, e-mail address and description of submitted objections.
  3. Complaints are examined by the Service Provider within 14 days from the delivery date.
  4. As soon as complaint is received the Customer shall be informed immediately about this to e-mail address provided by him.
  5. The Customer shall be informed by e-mail or postal mail about resolving the complaint.

 
Final provisions.

§ 10.

  1. The use of Seller's name, shop logo, shop components (including shop graphic elements and shop design, products description) by the Customers is prohibited unless it is expressly mentioned in Terms of use or if the use of afore mentioned subject matters of copyright and industrial property right is possible pursuant to express written consent of the Seller.
  2. Service Provider reserves the right to change contents posted in Online Service at any time.
  3. Terms of use entered into force on the 13.03.2015.