Regulations

Before using the website www.hbpremium.pl the Customers are obliged to familiarise themselves with the content of the Regulations.

TERMS AND CONDITIONS OF THE WEBSITE SERVICE
WWW.HBPREMIUM.PL

I. General provisions
II. Definitions
III. Type and scope of electronic services
IV. Conditions for providing and concluding contracts for electronic services
V. Conditions for terminating contracts for electronic services
VI. Complaint procedure
VII. Intellectual Property
VIII. Liability
IX. Final Provisions

I. GENERAL PROVISIONS

The website operating at www.hbpremium.pl is operated by HB PREMIUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDTOWA, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000632920. Piłsudskiego 5/64, 05-500 Piaseczno, electronic mail (e-mail): kontakt@hbpremium.pl, phone: + 48 603 053 534.
The www.hbpremium.pl website operates under the principles laid down in these Regulations.
Through the Website, the Service Provider presents investment properties and enables their booking. The www.hbpremium.pl website is designed for both Users who are Consumers and Entrepreneurs. The Regulations define the types and scope of services provided electronically by the www.hbpremium.pl website, the rules for the provision of these services, the conditions for entering into and terminating agreements on the provision of services electronically, as well as the complaint procedure. Each User is obliged to comply with the provisions of these Regulations as soon as he starts using the Electronic Services of the www.hbpremium.pl website. The Service Provider is obliged to ensure that the content of real estate advertisements presented on the Website and their availability are up-to-date and consistent with the actual state of affairs. In matters not regulated by these Rules the provisions of: Civil Code,
Consumer Rights Act of May 30, 2014,
Act on Copyright and Related Rights of February 4, 1994,
Act on the provision of electronic services of July 18, 2002,
and other relevant provisions of Polish law.

II. DEFINITIONS

CONTACT FORM - a form available on the Website that allows you to send a message to the Service Provider and to make a Reservation of a particular property. RESERVATION - the Customer's declaration of will constituting an offer, made via the Contact Form or by telephone.
CLIENT - a Client who intends to make or has made a Reservation of a property presented by the Service Provider.
CONSUMER - a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
ENTREPRENEUR - a natural person, legal person and organisational unit referred to in article 331 § 1 of the Civil Code, conducting business or professional activity in its own name.
USER - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity, using the Electronic Service.
SERVICE PROVIDER - HB PREMIUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, KRS No.: 0000632920, NIP: 5223069557, REGON: 365208309, ul. Sikorskiego 5/64, 05-500 Piaseczno.
SERVICE - Provider's website operating at www.hb2.freeline.pl.
TERMS AND CONDITIONS - these Terms and Conditions of the Website.
PRODUCT - real estate available on the Website, which is the subject of Reservation between the Client and Service Provider.
ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Client via the Site.
NEWSLETTER - Electronic Service which enables the Client to subscribe to and receive at the e-mail address provided by the Client free information from the Service Provider concerning the Site.
SEARCH ENGINE - Electronic Service made available to Service Recipients by the Service Provider, enabling the search for specific announcements or content on the basis of data provided by the Service Recipient.
LICENCE - a licence agreement within the meaning of Chapter 5 of the Act on Copyright and Related Rights of 4 February 1994.

III. TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables through the Website the use of Electronic Services such as: Search Engine,
Newsletter,
Sending messages via the Contact Form.
The provision of Services to Service Recipients on the Site is subject to the conditions set out in the Regulations.
The Service Provider is entitled to place advertising content on the Website. Such content constitutes an integral part of the Site and the materials presented therein.

IV. CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Provision of Electronic Services specified in Chapter III point 1 of the Regulations by the Service Provider is free of charge. The period for which the agreement is concluded:
The agreement for the provision of the Electronic Service consisting of the use of the Search Engine is concluded for a fixed period and is terminated when the User ceases to use this Service. The agreement for Electronic Service provision consisting in using the Newsletter is concluded for an indefinite period of time.
The agreement on provision of Electronic Services consisting in sending messages via the Contact Form is concluded for an indefinite period of time and terminates at the moment of sending the message or cessation of use of this Service by the User.
Technical requirements necessary to work with the ICT system used by the Service Provider:
Computer or mobile device with access to the Internet,
access to e-mail,
Internet browser,
enable Cookies and Javascript in the web browser.
The Client is obliged to use the Site in a manner consistent with the law and good practice, taking into account respect for personal rights and intellectual property rights of third parties.
The customer must enter factually correct information.
The recipient is prohibited to provide unlawful content.

V. CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Termination of an agreement for provision of Electronic Services:
An agreement for the provision of an Electronic Service of a continuous and perpetual nature (e.g. Newsletter) may be terminated.
The Customer may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement by e-mail to the following address: kontakt@hbpremium.pl.
The Service Provider may terminate a contract for the provision of continuous and uninterrupted Electronic Services in the event that the Client breaches the Terms and Conditions, in particular if the Client provides illegal content, after an ineffective prior request to cease the breach by setting an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a declaration of intent to terminate it (notice period). Termination shall lead to termination of the legal relationship with effect for the future. The Service Provider and the Client may terminate the contract for the provision of Electronic Services on the Website at any time by mutual agreement.

VI. COMPLAINT PROCEDURE

Complaints relating to the provision of Electronic Services by the Service Provider:
Complaints related to the provision of Electronic Services via the Website may be submitted by the Client via e-mail to the following address: kontakt@hbpremium.pl.
In the above-mentioned e-mail message, please provide as much information and circumstances concerning the subject matter of the complaint as possible, in particular the type and date of occurrence of the irregularity and your contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider. The Service Provider shall investigate the complaint immediately, no later than within 14 days.
The Service Provider's response to the complaint shall be sent to the Client's e-mail address specified in the complaint or in any other way specified by the Client.

VII. INTELLECTUAL PROPERTY

All content posted on the website at www.hbpremium.pl is protected by copyright and (with the exception of content posted by Service Recipients and elements used under licence, transfer of copyright or permitted use) is the property of HB PREMIUM Spółka z ograniczoną odpowiedzialnością Sp.K. entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number: 0000632920, NIP: 5223069557, REGON: 365208309. The User is fully liable for any damage caused to the Service Provider as a result of using any content of the www.hbpremium.pl website without the Service Provider's consent. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the website www.hbpremium.pl constitutes an infringement of copyright vested in the Service Provider and results in civil and criminal liability.
All trade names, product names, company names and their logos used on the Website at www.hbpremium.pl belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Website at www.hbpremium.pl are used for information purposes.

VIII. RESPONSIBILITY

The Service Provider shall take all available measures to protect the Users' data.
The Service Provider is obliged to make every effort to ensure that the data available on the Site are complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits permitted by law and with full respect for the rights of the Consumer. Users are fully responsible for breaking the law or causing damage by their actions on the Website, in particular by providing false data, disclosing classified information or other legally protected secrets, violating personal rights or copyrights and related rights, and processing Users' personal data inconsistently with the purpose of the Website or in breach of data protection regulations. The Service Provider undertakes, if possible, to inform the Users in advance about possible disruptions in the functioning of the Site, in particular about access interruptions.
The service provider shall not be liable to non-consumers: for any direct or indirect damages and losses (including damages for loss of business profits, business interruption or loss of business information and other property damage) arising from the use, inability to use or malfunction of the Site software, damages resulting from the shutdown or failure of the data communication system, power failures
in connection with improper use of the Site by a Client who is not a Consumer and the improper functioning of computer equipment, computer software or communication systems through which the Client connects to the Site system,
for any damage resulting from errors, failures and interruptions in the functioning of the Site, or caused by incorrect recording or reading of data downloaded by Clients,
for disturbances in the proper functioning of the Site, as well as loss of data of Clients who are not Consumers, resulting from force majeure or third parties,
the inability to log on to the Site due to, in particular, the quality of the connection, the breakdown of the data communication system or the power grid, incorrect software configuration of Service Recipients who are not Consumers,
for the consequences associated with the loss of the password.

IX. FINAL PROVISIONS

Contracts concluded through the Site are governed by Polish law.
Changes made by Service Provider to the Terms and Conditions of the Site shall be binding on the Client provided that he has been correctly informed of the changes and has not terminated the agreement for provision of services by electronic means within 14 days from the date of notification of the changes to the Client by the Site.
Any disputes arising between the Service Provider and the Clients will be settled primarily through negotiations, with the intention of settling the dispute amicably. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court in accordance with point 4 of this chapter.
Judicial settlement of disputes:
Any disputes arising between the Service Provider and the Customer who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964. Any disputes arising between the Service Provider and the Customer who is not a Consumer shall be submitted to the competent court for the place of the Service Provider's registered office.
A Customer who is a Consumer may also use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be considered by an arbitration court (application may be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Province Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596). A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.  Out-of-court settlement of claims after the complaint procedure is free of charge.
In order to resolve a dispute amicably, the consumer may in particular file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.