THE STAROWIEJSKA3.PL PLATFORM TERMS & CONDITIONS

1. INTRODUCTORY PROVISIONS

• 1. GENERAL INFORMATION

1. These Terms & Conditions of the platform available at: https://starowiejska3.pl/ set out the basic rules for the use of the platform, as well as the way of supplying services electronically and the principles of operation of the tools available on this platform.
2. The platform and tools functioning on the platform belong to and are operated by the Company STAROWIEJSKA ATELI MANAGEMENT spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Kraków, address: ul. Pilotów 2E, 31-462 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the KRS number: 0001012324, NIP (Tax Identification Number): 9452266882, REGON (National Business Registry Number): 524139287.
3. All rights to the platform, the content contained therein and the content made available through it, including in particular intellectual property rights, rights to the name of the platform, the Internet domain, the software and the databases (except for those elements that are part of open source libraries), are subject to legal protection. While using the platform, the User agrees not to make any changes to it and to use it only in accordance with the provisions of the Terms & Conditions.
4. Enabling the use of the platform is a service supplied electronically by STAROWIEJSKA ATELI MANAGEMENT spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Kraków to the Users, within the meaning of the Act of 18 July 2002 on electronically supplied services (consolidated text: Dz.U.2020.344), which takes place under an agreement concluded between the Company and the User and on the basis of these Terms & Conditions.

• 2 DEFINITIONS

Terms used in the following section of the Terms & Conditions have the meanings as follows:

1. User Email Address - the electronic mail address of which the User is the sole holder;
2. ATELI Group - the group comprising the Companies indicated here: https://starowiejska3.pl/pl/kontakt;
3. Civil Code - the Act of 23 April 1964 - Civil Code.
4. Consumer - a party that is a consumer within the meaning of the Civil Code.
5. Contact Form - an electronic form on the Platform used to contact the Administrator on a specific matter;
6. Privacy Policy - the Privacy Policy of the starowiejska3.pl platform available at: https://starowiejska3.pl/pl/polityka-prywatnosci;
7. Entrepreneur - a party that is not a Consumer, including a natural person carrying out unregistered activities;
8. Terms & Conditions - this document, setting out the rights and obligations of the Users and the Company; with regard to electronically supplied services, these Terms & Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on electronically supplied services (consolidated text: Dz.U.2020.344);
9. Platform - the online platform operated by STAROWIEJSKA ATELI MANAGEMENT spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Kraków, available at: https://starowiejska3.pl/;
10. Company/Administrator - STAROWIEJSKA ATELI MANAGEMENT spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Kraków, address: ul. Pilotów 2E, 31-462 Kraków, KRS (National Court Register Number): 0001012324, NIP (Tax Identification Number): 9452266882, REGON (National Business Registry Number): 524139287, as the entity providing the service of access to the resources of the Platform available at: https://starowiejska3.pl/;
11. Agreement - an agreement for the provision of a specific type of Services offered by the Company on the Platform, concluded between the Company and the User via means of remote communication;
12. Services - the services provided by the Company to the User through the Platform or pursuant to an appropriate agreement with the User based on the Terms & Conditions;
13. User - a natural person, a legal person or an organisational unit that is not a legal person, to which specific provisions grant legal capacity, using specific, dedicated Services of the Platform; a User may be any of the above-mentioned persons who meets the terms and conditions of using the Platform, as specified in these Terms & Conditions.

 

• 3. TYPES OF SERVICES PROVIDED

1. The Terms & Conditions set out the rules for the provision of electronically supplied Services to Users by the Company to the extent provided for in the Terms & Conditions.
2. The Services provided by the Company in accordance with the provisions of the concluded Agreement constitute electronically supplied services within the meaning of the Act of 18 July 2002 on electronically supplied services (consolidated text: Dz.U.2020.344).
3. On the Platform, each User may use certain electronically supplied Services, whereby they may, in particular:
   1. use the Platform, i.e. browse and read the content and data on its pages;
   2. communicate with the Administrator, which includes receiving answers to their questions (via the Contact Form, email, WhatsApp messaging, Google forms or other communication tools).
4. Access to the Platform requires no formalities, in particular no registration or login. Contact details are required only if the User wishes to contact the Administrator by filling in the Contact Form.
5. The User is obliged to read these Terms & Conditions before using the Platform. Sending an enquiry via the Contact Form on the Platform requires the User to accept the provisions of these Terms & Conditions and the Platform's Privacy Policy.
6. The Terms & Conditions are made available to Users free of charge via the Platform in a form that allows them to download, save and print them.
7. The Platform is operated in connection with the Administrator's activities for information and marketing purposes. The Platform does not enable transactions, in particular the purchase of flats, houses or premises. All information available on the Platform is for information purposes only and does not constitute an offer within the meaning of the Civil Code.

• 4. TECHNICAL REQUIREMENTS FOR USING THE PLATFORM
  1. In order to use the Platform, it is necessary for the User to meet the minimum technical requirements, in particular to have a device with software enabling access to the Internet and to browse its resources. The minimum technical requirements of the User's ICT system are a web browser (at least the following versions: Internet Explorer 11 or Chrome 39 or Firefox 34 or Opera 26 or Safari 5 or later) with Javascript enabled, accepting cookies, and an Internet connection with the speed of at least 256 kbit/s.
  2. The Company is not liable for the correct operation of the Platform if the User's computer equipment and software do not meet the above technical requirements.
  3. The Company is not liable for any malfunction of the Platform resulting from: the use of an outdated version of the Platform or its components; misuse by the User, including unauthorised modifications; faulty operation of the User's hardware or other computer software; the actions of third parties who are not subcontractors of the Company; or from force majeure events.
  4. Beyond the above, the Company also indicates that errors may occur in the digital processing of data. In particular, the use of different browsers and individual software settings may result in differences in the display of content.
  5. In the event that maintenance work needs to be carried out or in the event of equipment failure, the Company reserves the right to temporarily suspend the Platform. Users will be notified of planned technical interruptions and their expected duration by means of an appropriate announcement published on the Platform.
  6. All questions, opinions and requests concerning the functioning of the Platform and declarations to be made to the Company in electronic form should be sent by the User to the following email address: zgloszenia@ateli.pl.

1. SERVICES

• 5. PROVISION OF SERVICES - GENERAL TERMS AND CONDITIONS

1. The Services are provided on the basis of an Agreement for electronically supplied services concluded between the Company and the User.
2. Through the Platform, the User may:
3. obtain information on properties presented by the Company through the Platform, including but not limited to residential premises, commercial premises and houses offered for sale by the Administrator and optionally other Companies belonging to the ATELI capital group, subject to the provisions of § 3(7) above;
4. obtain information regarding the activities of the Administrator and the Companies belonging to the ATELI capital group, promotions and competitions organised;
5. send a message to the Administrator via the Contact Forms, including dedicated forms (general contact form, form for a specific offer, form to download a pdf sheet of the premises).
6. Using the Platform exclusively by browsing and reading the information and data on its pages, does not require registration and is free of charge and unlimited in time. At the time of accessing the Platform, an agreement for electronically supplied services is concluded, covering the use of the Platform.
7. The Company oversees the technical aspects of the operation of the Platform on an ongoing basis, ensuring that it operates correctly and taking liability for the correctness of the services provided.
8. The company is liable in the event of defects, especially those of a physical or legal nature.
9. The User is obliged to respect these Terms & Conditions and to use the Platform in accordance with its intended purpose, and is obliged to refrain from any activities that could interfere with its proper functioning, including in particular by using a specific type of software and hardware.
10. The User is also obliged to use the Platform with respect for social and moral norms, and in accordance with the law. In particular, it is not permitted to provide content that violates the rights of the Company, other Users or third parties or infringes their personality rights or intellectual property rights, including copyrights. It is also prohibited to post any content that incites violence, hatred, contains vulgar, pornographic, obscene, hateful, aggressive, discriminatory elements or similar material. It is also prohibited to send or post unsolicited commercial information (spam) on the Platform.
11. The Company is not liable for any prohibited content posted on the Platform. The above applies subject to Article 14 of the Act of 18 July 2002 on electronically supplied service (consolidated text: Dz.U.2020.344).
12. In the event of receipt of an official notice or plausible information on the unlawful nature of content published on the Platform, the Company may block access to such content or remove it.
13. The User is obliged to inform the Company immediately of any incidents that violate the provisions contained in these Terms & Conditions.

• 6. TERMS OF USE OF CONTACT FORMS

1. The Company provides Platform Users with the possibility to contact it using electronic Contact Forms. The use of the Form requires the provision of personal data necessary to contact the User back and respond to the enquiry. The User may also provide other data in order to facilitate contact or the handling of an enquiry. The provision of data marked as mandatory is required in order to accept and handle the enquiry, and failure to provide them will render the service impossible. The provision of other data is voluntary.
2. The use of the Contact Form via the Platform is only available to Users who meet the following conditions:
3. are natural persons with full legal capacity or, if the User is a minor and/or lacks full legal capacity, subject to the consent of the statutory representative;
4. send the message by completing the steps set out in paragraph 3 below.
5. Using the Contact Form, i.e. successfully sending a message to the Administrator, requires:
6. completing the Form by providing at least the data marked as mandatory ("*");
7. confirmation of having read and accepted the Terms & Conditions and the Platform's Privacy Policy by clicking the relevant checkbox;
8. sending a message by clicking a dedicated button ("SEND" or similar).
9. It is prohibited to provide false personal data in the Form, as well as to provide personal data or contact details (including telephone number and email address) of another person.
10. The User bears sole liability for the content of the data they provide, including liability for any infringement of third party rights.

• 7. CONCLUSION OF THE AGREEMENT FOR ELECTRONICALLY SUPPLIED SERVICES

1. The conclusion of the Agreement for electronically supplied services between the Company and the User occurs at the time of the commencement of the provision of this Service by the Company, that is:
   1. in the event of the Service that involves providing access to the content of the Platform - as soon as the Platform is accessed;
   2. in the event of Services provided at the User's request, in particular Services made available through the Contact Forms on the Platform - upon the completion and submission of the relevant Form (being the User's expression of a wish for the Service to be provided) or at the time of any other expression of the User's wish for a specific Service to be provided ("Agreement").
2. These Terms & Conditions constitute the content of the Agreement.
3. The Agreement is concluded for an indefinite period and either party may terminate the Agreement with immediate effect.
4. The Agreement for electronically supplied services will be terminated, respectively: (a) in the event of the Service that involves providing access to the content of the Platform - when the User leaves the Platform, (b) in the event of Services provided at the User's request, in particular Services made available through the Contact Forms on the Platform - when the relevant form has been completed, or upon the Service Provider's decision to terminate the Agreement, which may be based on:
   1. a breach by the User of any of the provisions of the Terms & Conditions;
   2. deletion, at the request of the User, of any of the personal data necessary for the provision of the Services on the Platform;
   3. the User's refusal to disclose to the Service Provider any data necessary to provide the Service;
   4. technical problems that cannot be rectified, preventing the Service Provider from providing the Service to the User;
5. The User may terminate the Agreement for electronically supplied services at any time, without notice.
6. A User who is a consumer may withdraw from the Agreement for electronically supplied services within 14 days of its conclusion by sending a statement of withdrawal from the Agreement for electronically supplied services in writing to the Company's address indicated in the Terms & Conditions.
7. The User may not withdraw from the Agreement for electronically supplied services if, with the User's consent, the Service Provider has begun to provide the Service before the lapse of 14 days from the conclusion of the Agreement for electronically supplied services.

• INTELLECTUAL PROPERTY RIGHTS

• 8 COPYRIGHT
  1. By using any of the services offered by the Company or visiting the Platform, the User does not acquire any copyright in the content or materials available on the Platform, which are protected by the copyright of the Company, its subcontractors and the copyright of producers of other third parties.
  2. It is prohibited to copy the content and material available on the Platform, reproduce it or in any way exploit it for commercial purposes. Only personal use is permitted. Furthermore, the use, reproduction and distribution of any text, graphic or music elements, as well as elements of the code or structure of the website for the creation of derivative works for purposes other than the permitted personal use is not allowed.
  3. Any possible action of the nature described above requires the User to first contact the Company at the email address: zgloszenia@ateli.pl and obtain the Company's consent.

1. COMPLAINTS PROCEDURE AND OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES

• 9. COMPLAINTS PROCEDURE

1. The User may submit complaints to the Company regarding non-performance or improper performance of the services referred to in § 3 of the Terms & Conditions (complaints regarding the functioning of the Platform and the electronically supplied Services). For this purpose, the User may contact the Company by email at: zgloszenia@ateli.pl.
2. A complaint about an irregularity in the provision of electronically supplied services should, although this is not a requirement for the consideration of the complaint, include: data enabling the Company to contact the complainant, including at least an email address; a description of the irregularity with the circumstances, date of occurrence and, if possible, the content of the error message; indication of the name and version of the Internet browser and the name and version of the service recipient's operating system.
3. The Company will consider the complaint without undue delay, but no later than within 14 days from the date of its correct submission, informing the complainant about the results.

• 10. OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES
  1. Any User who is a Consumer may engage in out-of-court ways of dealing with complaints and pursuing claims. Detailed information concerning the possibility for the User who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available in the offices and on the websites of district (city) consumer advocates, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Commercial Inspection and at the following www addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php;

http://www.uokik.gov.pl/wazne_adresy.php.

2. In the event of a dispute involving a User who is a consumer, an out-of-court solution may also be provided by the online ODR platform, which is available at: http://ec.europa.eu/consumers/odr/. The use of out-of-court complaint and claim procedures is voluntary and can only take place if both parties to the dispute agree to it. The above provision is for information purposes only and does not imply the Company's consent to participate in out-of-court complaint and claim procedures (dispute resolution).

1. PERSONAL DATA

• 11. PROTECTION OF PERSONAL DATA
  1. The Controller of the personal data of Users who are natural persons, including those engaged in business activities and persons acting on their behalf, is STAROWIEJSKA ATELI MANAGEMENT spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Kraków, address: ul. Pilotów 2E, 31-462 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the KRS no.: 0001012324, NIP (Tax Identification Number): 9452266882, REGON (National Business Registry Number): 524139287, with the stipulation that, due to the fact that the aforementioned Company belongs to the ATELI capital group of undertakings within the meaning of Article 4(19) GDPR, which, apart from the aforementioned Company, comprises the following Companies:
     • ATELI MANAGEMENT sp. z o.o. (KRS: 0000775510);
     • ATELI HOLDING sp. z o.o. (KRS: 0001007189);
     • ATELI INVESTMENTS sp. z o.o. (KRS: 0001005937);

all with their registered offices in Kraków, address: ul. Pilotów 2E, 31-461 Kraków (hereinafter collectively referred to as the "ATELI Group") - specific personal data collected in connection with the use of the Platform may also be processed by the aforementioned Companies on the basis of (i) the transfer of personal data within the group of companies for internal administrative purposes (in the event of a legitimate interest underlying such action), (ii) joint processing (iii) or as part of sub-processing of personal data on the basis of relevant agreements.

2. All information regarding the processing of personal data in connection with the use of the Platform is provided in the Platform's Privacy Policy available at: https://starowiejska3.pl/pl/polityka-prywatnosci.

1. FINAL PROVISIONS

• 12. FINAL PROVISIONS

1. The Company has the right to amend these Terms & Conditions at any time due to changes in applicable law, the nature of the Platform, the Services offered or technical requirements. Amendments will enter into force as soon as the amended text of the Terms & Conditions is posted on the Platform.
2. The Company will ensure that the content of these Terms & Conditions is permanently available to Users via the relevant link on the Platform, and guarantees the possibility to download and print them. The material provisions of the agreement for the provision of the Service are recorded, secured, provided and confirmed to the User by including the content of the Terms & Conditions on the Platform.
3. Any matters not covered by these Terms & Conditions will be governed by the applicable provisions of Polish law, in particular the provisions of the Civil Code, the Act of 18 July 2002 on electronically supplied services and the Act of 04 February 1994 on copyright and related rights. Any disputes arising out of or in connection with these Terms & Conditions or using the Platform, including the performance of the Agreement, will be resolved amicably and, if an amicable resolution of the dispute is not possible, will be referred to the court of proper jurisdiction for the Company's registered office.
4. If individual provisions of these Terms & Conditions are found to be invalid or ineffective, this will not affect the validity or effectiveness of the remaining provisions of the Terms & Conditions.
5. These Terms & Conditions do not exclude or limit any of the rights of the Consumer under mandatory legal provisions. In the event of any conflict between the provisions of the Terms & Conditions and mandatory legal provisions, the latter will prevail. Contractual provisions less favourable to the Consumer than the provisions of the Act on consumer rights will be invalid, and the provisions of the Act on consumer rights will apply instead.
6. The Terms & Conditions come into force on 1 May 2024.