GENERAL TERMS OF USE OF THE FROGUM WEBSITE
(STATUTE)
I. PREAMBLE
1. This document defines the conditions of access and use of the website, hereinafter referred to as: “General terms”.
2. Each User, upon taking steps to use the website, is obliged to read, comply and accept the General Terms and Conditions, without restrictions and reservations.
3. If you do not agree to all the General Terms and Conditions, you must stop using the website and leave it immediately.
4. All trade names, company names and logos used on the website belong to their owners and are used only for identification purposes. They may be registered trademarks.
5. Unauthorized use of the website content, works or information, as well as their unauthorized reproduction, retransmission or other use of any element of the website, is prohibited, as such action may violate, inter alia, copyrights or protected trademarks.
6. Questions or comments regarding the website may be submitted to the following e-mail address: trade@frogum.com.
II. DEFINITIONS
1. CONTACT FORM – a questionnaire available on the website that allows you to immediately send a message to the owner of the website;
2. REGISTRATION FORM – a questionnaire available on the website that allows you to register and create an Account on the website
3. ACCOUNT – a collection of resources on the website, marked with an individual name or login and password, in which the User’s data is collected;
4. NEWSLETTER – an Electronic Service that allows the User to place an order to receive free information from the Owner regarding the website to the e-mail address or telephone number provided;
5. APPLICABLE LAW – Polish law shall apply to the implementation of the General Terms and Conditions;
6. WEBSITE – a tool named: www.frogum.com, used to provide electronic services;
7. USER – a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity, using electronic services available on the website;
8. CONDITIONS – a set of all provisions, incl. these General Terms, Privacy Policy, Cookies, Terms of Use of the Online Store and any other terms on the website that relate to specific functions, properties or promotions, as well as customer service;
9. OWNER – The entity providing this website, namely: Mirosław Frontczak based at: ul. CIESZYŃSKA 22 05-825 GRODZISK MAZOWIECKI, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th NATIONAL ECONOMIC DEPARTMENT Court Register in Warsaw, 14th Commercial Division, under the KRS number: 0000572839, NIP: 5291807370;
III. SCOPE OF TERMS
1. The owner provides access to the content of the website in accordance with the following General Terms and Conditions.
2. The content and data published on the website are intended for information for interested persons and may only be used for information purposes.
3. Users may use the access and services offered on the website, subject to prior consent to the General Terms and Conditions.
V. COOKIES
1. The website uses cookies (cookies) or similar technology (hereinafter collectively referred to as “cookies”) to collect information about the User’s access to the website (eg via a computer or smartphone) and his preferences. They are used, inter alia, for advertising and statistical purposes and to adapt the website to the individual needs of the User.
2. Cookies are pieces of information that contain a unique reference code that the website sends to the User’s device in order to store and sometimes track information about the device used. Usually they do not allow the identification of the User. Their main task is to better match the website to the User.
3. Some of the cookies appearing on the website are available only for the duration of a given internet session and expire after closing the browser. Other cookies are used to remember the User who is recognized on the website after returning to the website. They are then retained for a long time.
4. All cookies appearing on the website are set by the Owner.
5. All cookies used by this website are compliant with applicable European Union law.
6. Most Users and some mobile browsers automatically accept cookies. If these settings remain unchanged, cookies will be saved in the device’s memory.
7. The user may change the preferences regarding the acceptance of cookies or change the browser in order to be able to receive an appropriate notification each time the cookie function is set. To change the cookie acceptance settings, you must adjust the settings in your browser.
8. It is worth remembering that blocking or deleting cookies may prevent the full use of the website.
9. Cookies will be used for the necessary session management, including:
a. Creating a special login session for the User of the website so that the website remembers that the User is logged in and that his requests are delivered in an effective, secure and consistent manner;
b. Recognizing a User who has previously visited the website, which allows for the identification of the number of unique users who have used the website and makes it possible to make sure that the website has sufficient capacity for the number of new users;
c. Identifying whether a website visitor is registered on the website;
d. Registering information from the User’s device, including: cookies, IP address and information about the browser used, in order to be able to diagnose problems, administer and track the use of the website;
e. Customizing the layout elements of the graphic design or website content;
f. Collecting statistical information on how the User uses the website in order to improve the website and determine which areas of the website are the most popular for Users.
VI. PLUGIN FACEBOOK
1. The website contains a plugin for the social networking site Facebook.
2. The Facebook plugin is marked with the Facebook logo.
3. This plugin will connect directly to the Owner’s profile on the Facebook server. Facebook can then obtain information that the User has visited the website from his IP address.
4. If the User visits the website while logged in to his Facebook profile, Facebook will register information about the visit. Even if the User is not logged in to Facebook, Facebook is able to obtain information about the IP address.
5. Facebook does not provide the Owner with information about the collected data and the manner of their use. The purpose and scope of the data collected by Facebook are not known to the Owner. For additional information on privacy on Facebook, please contact Facebook directly or read the portal’s privacy policy at: https://www.facebook.com/about/privacy/.
6. If the User does not want Facebook to be able to obtain information about browsing the website, it is good for the User to log out of his Facebook account beforehand.
VII. PLUGIN OF OTHER SOCIAL NETWORKS
1. The owner may also use other social plugins (eg Twitter, Google+ or LinkedIn).
2. Plugins for social networks can be identified by the icons used to share information on a given platform.
3. Plugins enable the users of these platforms to link to the website in their posts on these social media platforms.
4. The plugins will directly connect to the Owner’s profile on the server of a given social networking site. This portal may then obtain information that the User has visited the website from his IP address.
5. During the User’s visit to the profile, the administrator of the social network site uses cookies and other similar technologies to monitor the behavior and actions taken by the User. This information is collected, inter alia, for the purposes of creating the so-called page statistics. The statistics contain only anonymised statistical data about users visiting the profile and it is not possible to link them to a specific person. The owner does not have access to personal data used by social networking sites for the purposes of preparing, inter alia, page statistics.
6. Thanks to the website statistics generated by the social network, the Owner has information on how Users use the Owner’s profiles and which of the published content are the most popular. Thanks to this information, the Owner can optimize their profiles by better matching the published content to the interests and behaviors of Users. The entity responsible for the processing of Users’ data for the purposes of generating website statistics is the administrator of each of the above-mentioned. social networking sites. Therefore, administrators are obliged to inform Users about all matters related to the processing of personal data for the purpose of creating website statistics and about the possibility of exercising the right to protect privacy, in accordance with applicable law.
VIII. EXTERNAL CABLES
1. Links on this website to other websites are provided for information purposes only.
2. The website owner is not responsible for the content of other websites or for any damages resulting from their use.
IX. NEWSLETTER
1. It is possible to subscribe to the newsletter by providing an e-mail address or telephone number and consenting to the processing of the User’s personal data in order to receive commercial and marketing information from the Owner, by e-mail or via SMS.
2. Through the newsletter, sent by e-mail or by SMS, the Owner informs the User about the latest offers, such as new products, promotions or sales.
3. The User may unsubscribe from the newsletter at any time by clicking on the link contained in the newsletter received or by sending an e-mail to the following address: handl@frogum.com.
X. CONTACT FORM
1. The User may enter his contact details by filling in a special form provided for contacting the Owner, the content of the message and accepting their shipment to the Owner.
2. Leaving the contact details means that the User has consented to the processing of personal data provided in the Contact Form by the Owner. The owner will be able to use the provided contact details in order to send offers or establish contact with the User.
XI. REGISTRATION FORM
1. As part of the registration form, the User may enter his personal data to register as an identified User on the website and create his Account.
2. After registration, when the User visits the website again, he will be able to log in as an identified User to his Account.
3. After logging in to the Account, the website will have the User’s personal and contact details provided during registration or later, which will enable more efficient contact, data transfer or payment for the service or goods available on the website.
4. Registering the User and, as a result, saving his personal data means that the User has consented to the processing of the User’s personal data provided in the Registration Form by the Owner.
XII. RESPECT FOR INTELLECTUAL PROPERTY
1. The website and its content may be protected by copyright, trademark law and other regulations related to the protection of intellectual property.
2. The Owner’s marks, logos and other personalized emblems appearing on the website (collectively: “Marks”) are trademarks of the Owner.
3. With the exception of separate, individual, written authorizations, the User may not use the Owner’s Marks: separately or in combination with other verbal or graphic elements, especially in press releases, advertisements, promotional and marketing materials, in the media , in written or oral material, in electronic form, in visual form or in any other form.
XIV. LIMITATION OF LIABILITY
1. The website contains general information. It is not intended to be an intermediary in the provision of any professional counseling services. Before taking any action that has an impact on the User’s financial situation or business, it is necessary to contact a professional advisor.
2. The website does not provide any guarantees regarding its content, in particular guarantees of security, error-free, no viruses or malicious codes, guarantees of proper operation or quality.
3. The website provides no warranty, express or implied, including the warranty of merchantability or fitness for a particular purpose, non-infringement of copyright, adaptation, security and accuracy of information.
4. The user uses the website at his / her own risk and assumes full responsibility for damages related to or resulting from its use, both direct and indirect, incidental, consequential, moral, or other damages due to contractual, tort, negligence. including for loss of data or services.
5. The website assumes no responsibility for any links posted on the website, especially if they lead to websites, resources or tools maintained by third parties.
6. The owner is not responsible if the website is temporarily or long-term unavailable for any reason.
7. The owner is not responsible for the information provided on the website, nor can he ensure the total security of transactions or communications carried out via the website.
8. Despite the Owner’s best efforts to ensure the accuracy and timeliness of the website, errors may appear unintended by the Owner, which the User, upon detection, is asked to report to the Owner.
9. All the above-mentioned exclusions and limitations of liability are valid to the fullest extent permitted by law, including all types of existing liability, including contractual, tort and any other liability provided for in Polish or foreign legal order.
XV. VALIDITY
1. Should any provision of the General Terms be or should become invalid or ineffective under any jurisdiction, the remainder of the Terms shall remain valid and unaffected. The parties will replace the invalid or ineffective provision with others that reflect the intended purpose as faithfully as possible. This also applies accordingly to any gaps in the General Terms and Conditions.
2. Should any provision of the General Terms and Conditions be or should become invalid or ineffective in one or more jurisdictions, all provisions of the General Terms and Conditions shall remain valid in any other jurisdiction.
XVI. RELATIONSHIP TO CONTRACTS CONCLUDED
Unless otherwise stated, the General Terms and Conditions constitute a complete and exhaustive agreement between the User and the Owner regarding the use of the website in terms of the content contained therein and supersede any other agreements, arrangements and agreements regarding the subject (content) of these General Terms and Conditions.
XVII. CHANGING THE TERMS OF THE WEBSITE
1. The website owner reserves the right to modify these General Terms and Conditions at any time by posting their updated version on the website, which shall apply to Users from the moment of their publication, unless otherwise stated in the modified General Terms and Conditions.
2. The User is obliged to read the modifications to the General Conditions, about which the Owner will inform him by sending him a message or a notification of changes to the General Conditions to be accepted.
3. By continuing to use the website, you accept the modified Website Terms and Conditions.
XVIII. DISPUTE RESOLUTION
1. Any disputes that arise, the Parties agree to resolve in the first place by way of an amicable settlement of the case, before a competent arbitration court (arbitration clause).
2. If an amicable settlement of the matter proves impossible, the dispute resulting from this agreement will be settled by the court in whose district the Owner’s seat is located.
XIX. LEGAL BASIS
1. In matters not covered by these General Terms and Conditions, the following acts shall apply as appropriate:
a. the Telecommunications Law of July 16, 2004 (i.e. Journal of Laws of 2019, item 2460, as amended);
b. the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2019, item 123, as amended);
c. the Act on Copyright and Related Rights of February 4, 1994 (i.e. Journal of Laws of 2019, item 1231, as amended);
d. the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended);
and other relevant provisions of Polish law.