Regulations define rules of using the A&K Luxury Expo Internet Portal – an online information service A&K Luxury Expo at the www.LuxuryExpo.pl web address by entities that meet the criteria specified in the definitions of the User, the Client and the Contractor.
§ 1. DEFINITIONS
A&K Luxury Expo – an online information service, presenting Entries of the Clients’ Companies at the www.LuxuryExpo.pl web address, under which the Contractor provides services.
Regulations – mean this very Regulations.
GTC – General Terms and Conditions of the Agreement regarding the Entry of the Client’s Company in the Companies’ Catalogue in the A&K Luxury Expo online information service at the www.LuxuryExpo.pl web address.
Administrator – Aleksandra Macek running the business under the name A&K Luxury Expo, as an entity managing and running the A&K Luxury Expo Internet Portal at the www.LuxuryExpo.pl web address.
Contractor – Aleksandra Macek running the business under the name A&K Luxury Expo, based in Sosnowiec 41-200, 49/VI Jana Kiepury Street, who owns the A&K Luxury Expo Internet Portal at the www.LuxuryExpo.pl web address.
Portal User – every entity using the Portal and browsing the Portal’s resources published by the Contractor.
Client – a natural person with the status of an entrepreneur within the meaning of the Act of Law of the 16th of February 2007 on Competition and Customer Protection (Official Gazette 2007, No. 50, Item. 331 with amendments), a legal person, a business person or an organizational unit having capacity to incur obligations on their own behalf and to acquire rights through the use of services provided electronically by the Internet Portal on terms specified in the Regulations and the GTC (General Terms and Conditions of the Agreement). The Client may also be an artist or a creator running their own business within the meaning of the Act of Law of the 13th of October 1998 on Social Insurance System (Official Gazette 1998, No. 137, Item. 887 with amendments), who orders promotional and other marketing activities on the A&K Luxury Expo Portal from the Portal’s Owner.
Entry – the entry of Client’s Company in the Companies’ Catalogue in the A&K Luxury Expo online information service at the www.LuxuryExpo.pl web address, being a text and graphic presentation of the Client’s Company and of goods and services He/She offers, including information about the Client’s Company – for instance: the name, logo, contact details, description of the company’s business activity, graphics, etc.
Consultant – Contractor’s employee serving the Client.
Contact Form – a form designed for entering data and information by the Portal’s Users and Clients in order to contact the Contractor – the Owner and at the same time the Administrator of the A&K Luxury Expo Internet Portal.
Multimedia Elements – all elements in the form of pictures, videos, animations, virtual tours and others, fulfilling the role of company’s, product’s or service’s visualization.
Broadcasting – the act of displaying the Entry of the Client’s Company in the Companies’ Catalogue in the A&K Luxury Expo online information service at the www.LuxuryExpo.pl web address within specific period of time and in the form approved by the Client.
Services – all promotional and marketing services provided electronically to the User and the Client by the Contractor, carried out by the Contractor – the Administrator of the A&K Luxury Expo Portal in accordance with terms specified in the Regulations within the meaning of the Act of Law of the 18th of July 2002 on the Provision of Electronic Services (Official Gazette 2002, No. 144, Item 1204 with amendments).
§ 2. TECHNICAL CONDITIONS
1. Portal User is obliged to ensure by him-/herself:
- computer hardware,
- connection to the Internet,
- a web browser,
- other software required to use certain services.
2. In order to use the full functionality of the Portal, the User should turn off all kinds of filters and so-called ‘adblockers’ which prevent ads from displaying, because some features of the Portal use the same scripts as advertisements. The User should also enable in the browser the SSL protocol of safe data transmission, the use of Java Script, Java, Flash, QuickTime and Cookies.
3. Particular caution is advised regarding securing the User’s and Client’s computer. The User and the Client are responsible for the security of the data received.
§ 3. GENERAL PROVISIONS
1. The Regulations determine how Users and Clients may use the A&K Luxury Expo Portal.
2. A prerequisite for using the A&K Luxury Expo Portal and placing an order to display an Entry in the Companies’ Catalogue is becoming acquainted with the content of the Regulations and the GTC - General Terms and Conditions of the Agreement and their acceptance.
3. Browsing the websites and resources of the Portal as a User does not require any fees or registration.
4. Entry insertion mode for a period of time agreed by both Parties, the rights, obligations and responsibilities of the Clients and the Contractor are governed by the provisions of the Regulations, the GTC – General Terms and Conditions of the Agreement, provisions of the law being in force in the Republic of Poland and principles of good manners.
5. The A&K Luxury Expo Portal serves information purposes only and its content does not constitute a trading offer within the meaning of commercial law or the Code of Civil Law.
§ 4. RIGHTS AND OBLIGATIONS OF THE CLIENT AND THE CONTRACTOR
1. The Contractor provides services to prepare, post and broadcast the Entry on the A&K Luxury Expo Portal for a specific period of time determined by both Parties.
2. The Client accepts the Regulations and the GTC – General Terms and Conditions of the Agreement posted on the A&K Luxury Expo Portal.
3. Specifications, price and term of providing the service depend on the individual agreements between the Parties.
4. The Contractor determines the order of placing the Entries on the A&K Luxury Expo Portal based on the order of receiving orders.
5. Entry presentation period starts on the date of placing the Entry on the A&K Luxury Expo Portal.
6. The Contractor has the right to use all elements of the Entry in order to promote the Client’s Company, its products and services on all fields of use, including placing them on Internet and social portals.
7. The Contractor has the right to:
- decide solely on the content and form of the Portal,
- the maintenance or modification of the Portal, which can cause a temporary cessation of provision of services,
- transfer the rights to the Portal to another entity and to take any other lawful activities related to the Portal, in respect of which, the Client will not be entitled to any claims against the Contractor,
- refuse to publish materials and content which could adversely affect the image of the Contractor and the A&K Luxury Expo Portal,
- refuse to carry out orders to make an Entry also in the following cases:
- the Client does not make a prepayment for the Entry.
- the Client is in arrears with payments for other services to the Contractor.
- materials provided by the Client are incomplete.
- products or services offered by the Client do not fit the subject matter of the offers presented in the Companies’ Catalogue on the A&K Luxury Expo Portal.
8. The Client is responsible for the compliance of the submitted advertising materials with the law of the Republic of Poland, particularly with the rules regarding advertising in the audiovisual media.
9. The Client undertakes:
- to send to the Contractor materials that are solely his property and that comply with the description displayed, as to their purpose and authenticity, and enabling their reconnaissance. By submitting data, information and materials, the Client agrees to their public display and acknowledges that He/She is not granted on that basis for any claims against the Contractor.
- to refrain from actions that could disrupt the use of the Portal by other Users and to refrain from any actions violating the privacy of other Users, in particular the collection and dissemination of data of other Users without their distinct consent, unless it is permitted by the rules of law, the Regulations or the GTC – General Terms and Conditions of the Agreement.
- not to send to the Contractor information and materials containing expressions contrary to the law, principles of good manners, morality, the Regulations or the GTC – General Terms and Conditions of the Agreement, violating personal or property rights of third parties or the legitimate interests of the Contractor.
10. The Client, by sending information and data to the Contractor, at the same time declares that:
- He/She became acquainted with and accepts the Regulations and the GTC – General Terms and Conditions of the Agreement and undertakes to respect them.
- He/ She is entitled to place the order for the service.
- He/She has the rights to use the transferred materials.
- the data, information and content forwarded to the Contractor in order to make the Entry of the Client’s Company, are genuine and were used with the consent of the persons entitled and do not violate any copyright, personal or property right of the third parties.
- at the time of creating the piece of work within the execution of the order, He/She grants the Contractor free and non-exclusive license (in accordance with the Act of Law on Copyright and Related Rights - Non-exclusive Property Rights) to use this piece of work for the Portal’s needs, to record the piece of work with graphic and digital techniques and to distribute the piece of work in such a way that every User has access to it.
- none of the pieces of work produced within the execution of the order will be charged to any third party rights and those rights will not be violated.
- He/She bears full responsibility for the infringement of third party rights and responds directly to those persons for damage made to them.
- pieces of work, whose creator is not the Client, used within the execution of the order, are used in accordance with their license, and the Client is entitled to use them. Otherwise, the Client undertakes to obtain the copyright to these pieces of work from their owners or written consent to their use within the execution of the order.
- He/She gives consent to the collection, processing and use of His/Her data by the Contractor, as the Administrator of data, now and in the future, according to Polish law, in particular the Act of Law on the Protection of Personal Data.
- agrees to receive to his/her e-mail address information on technical breaks in the operation of the Portal, changes in the Regulations and the GTC – General Terms and Conditions, etc.
11. The Contractor does not bear responsibility for the content of the Entry and for defects in the Entry resulting from the fault of the Client and third parties, nor bears he responsibility for the Client’s offer.
12. The Contractor does not participate in disputes between Users and Clients.
13. Advertising intermediaries, including primarily advertising agencies are jointly and severally liable with the entities which they represent and on whose behalf they act.
14. The Client is obliged to repair any possible damage resulting from the content or the form of the displayed Entry, including to cover the costs of a lawsuit or other justified expenses incurred in connection with the assertion of claims by third parties.
15. The A&K Luxury Expo Portal and Entries of Client’s Companies displayed on it and made on behalf of the Clients are the property of the Contractor.
16. Entries on the A&K Luxury Expo Portal do not constitute a trade offer within the meaning of commercial law.
§ 5. PRIVACY POLICY
1. The Client and the User declare that they have the knowledge and consent that the Contractor, who is also the Owner and the Administrator of the A&K Luxury Expo Portal:
- collects, processes and uses the provided data and information in order to execute the order, for statistical and marketing purposes, in accordance with the Act of Law on Personal Data Protection of the 29th of August 1997 (Official Gazette 1997, No. 133, Item 883 with amendments).
- may also provide data and information to the public authorities who are entitled to access them on the basis of the provisions of the law.
2. The Client acknowledges that the data that He/She sends to the Contractor in order to implement the service, is explicit information given to the public, accessible to people using the Internet and can be indexed by search engines.
3. By accepting the Regulations and the GTC – General Terms and Conditions of the Agreement, the Client agrees to process the data in accordance with the Act of Law of the 29th of August 1997 on the Protection of Personal Data (Official Gazette1997, No. 133, Item. 833 with amendments) and to electronically receive commercial information in accordance with the Act of Law of the 18th of July 2002 on the Provision of Electronic Services (Official Gazette 2002, No. 144, Item 1204 with amendments).
4. The Portal’s Owner is the author of the A&K Luxury Expo Portal, its content and graphics. All the Portal’s content - data and information displayed on the A&K Luxury Expo Portal – proper names, logos, trademarks, etc. are Portal’s Owner’s sole property and are subject to legal protection. All graphics and elements on the website belong to the Portal’s Owner or have been used upon the consent of authorized persons.
5. Any copying or distribution of any content of the A&K Luxury Expo Portal is prohibited, unless the Portal’s Owner has given a written consent.
6. Only the Portal’s Owner is entitled to all financial copyrights to technical solutions, Portal’s graphics, as well as other elements.
7. Within the framework of the A&K Luxury Expo Portal we use Cookies in order to provide services at the highest level.
8. Using the Portal without changing the settings for Cookies means that they will be placed in the User’s final device.
§ 6. GENERAL TERMS AND CONDITIONS OF THE AGREEMENT (GTC)
1. The GTC contain provisions regarding the terms and conditions of entering Client’s Company in the Companies’ Catalogue on the A&K Luxury Expo Portal.
2. The GTC regarding the Company’s Entry apply to all existing and future agreements whose party is the Contractor.
3. The GTC do not apply to contracts signed by the Contractor with Consumers within the meaning of the 22nd Article of the Code of Civil Law.
4. The GTC apply only to contracts concluded by the Contractor with Entrepreneurs. Contractual provisions contrary to the GTC do not apply between the Parties even if the Contractor was made aware of them, unless their validity between the Parties is confirmed in writing by the Contractor.
§ 7. MODE OF DELIVERING THE SERVICE
1. Agreement on execution and displaying the Entry for a period of time agreed by the Parties is concluded with a moment of expression by the Client or a person authorized to represent the Client consent to its conclusion, via the contact form or e-mail to Contractor’s e-mail address: contact@luxuryexpo.pl, or by phone via Contractor’s Consultant.
2. Upon agreeing to conclude a contract, the Client will give the Contractor His/Her company’s data in order to issue a Pro-form VAT Invoice and VAT Invoice. In a situation when the Client is a natural person conducting business activity, a partner in a civil, general or limited liability company, He/She will also give to the Contractor his Personal Identity Number or a Passport Number.
3. The Contractor has the right to issue Pro-form VAT invoices and VAT invoices in electronic form and send them by e-mail to the address specified by the Client, considering them to be delivered. Any refunds will be made to the Client’s bank account, from which He/She sent the service charge to the Contractor. The Client is obliged to inform the Contractor about the change of the bank account number.
4. Upon concluding the contract for Company’s Entry, the Contractor will send a Pro-form VAT invoice by e-mail to the Client, issued on the due amount of money for the execution and display of the Entry.
5. The Client will pay the due amount of money for the Entry to the Contractor’s bank account within the period specified in the Pro-form VAT invoice.
6. Within 7 days from the date of receipt of money for the service made by the Client to the Contractor’s bank account, the Contractor will issue and send by e-mail a VAT invoice to the Client’s e-mail address. On the Client’s request, the Contractor will send the original VAT invoice in paper to the address indicated by the Client.
7. Fee for the Company’s Entry is dependent on the duration of the contract and selected elements of the Entry.
8. The Client is bound by the price list which was valid on the day of Contractor’s acceptance of the order from the Client for the execution of the service.
9. In case of orders of untypical nature, evaluation of execution and display of the Entry will be determined individually in a direct contact with a representative of the Portal’s Owner.
10. Within 14 days from the date of the payment for the Company’s Entry, the Client will provide the Contractor (via the contact form or by e-mail to the Contractor’s e-mail address: contact@luxuryexpo.pl) information, data and materials necessary to make the Entry for the period agreed by both Parties.
11. After receiving the due amount of money for the Entry to the Contractor’s bank account and paid by the Client, and after the delivery to the Contractor from the Client of all the data, information and materials necessary to make the Entry and after their approval by the Contractor, the Contractor will begin to execute the order.
12. After preparing the content of the Entry, the Contractor will submit it for approval to the Client. The Entry will be deemed accepted in the absence of reaction or clear objection from the Client within 7 days of its receipt. Such an objection should be made by e-mail. After the acceptance of the content of the Entry the Client loses the right to rely in the future on defects of the Entry, if they existed at the time of the Entry’s acceptance, and the Client could have noticed them.
13. After determining the order details, all significant changes made by the Client which will extend the period of the execution of the order by the Contractor, will be subject to additional fees determined individually.
14. Upon the acceptance of the content of the Company’s Entry by the Client, the Contractor will display the Entry on the A&K Luxury Expo Portal for a period agreed by both Parties.
15. Each of the actions taken: placing an order for the service by the Client, giving the Contractor by the Client (during a conversation with a consultant, via the contact form or by email to the Contractor’s email address) the information and data necessary to make the Entry on the A&K Luxury Expo Portal, making the payment for the Entry to the Contractor’s bank account by the Client, confirm the expressed Client’s consent to promote His/Her Company on the A&K Luxury Expo Portal.
16. The Contractor has the right to postpone the date of the display of the Entry, and shall notify the Client about the new date by e-mail or by telephone at least 3 days before the initial date agreed by both Parties.
17. The Portal’s Owner is not liable for failure or improper execution of the order, if its execution proves impossible due to reasons beyond the control of the Contractor – the circumstances of Force Majeure – such as: an outbreak of war or a threat of the outbreak of war, strikes, floods, fires, Internet failure, a failure in the power supply, computer crashes, bad weather conditions or other manifestations of Force Majeure.
18. In case of Force Majeure, both Parties jointly fix the next convenient date for the service delivery.
19. The Contractor is not liable for the accuracy of the content contained in the Entry on behalf of the Client.
20. The Contractor is not liable for damages resulting from occurrence of technical obstacles in the use of the A&K Luxury Expo Portal by the Client or third parties.
21. The term ‘technical obstacles in the use’ referred to in § 7 point 20, means: any kind of technical obstacles preventing the Client or third parties from using the Internet, including the A&K Luxury Expo Portal and any kind of technical obstacles related to the functioning of the A&K Luxury Expo Portal and the display of the Entry.
22. The Client is not entitled to claim compensation on general terms for any loss - damage, including those related to technical obstacles in the use of the Portal as described in § 7 points 20 and 21.
23. The Contractor has the right to make technical changes in the functioning of the A&K Luxury Expo Portal, without informing the Client about this fact and without His/Her consent. Such changes do not constitute changes in the content of the agreement between the Contractor and the Client.
24. The Contractor has the right to refuse to post in the Entry data, information, multimedia elements or expression contrary to the law, breaching the provisions of the Regulations or the GTC – General Terms and Conditions of the Agreement, principles of good manners, morality, violating personal or property rights of third parties or the legitimate interests of the Contractor; containing vulgar, erotic, pornographic content, promoting violence or drugs.
25. The Contractor has the right to remove the Entry or its components contrary to the law, breaching the provisions of the Regulations or the GTC – General Terms and Conditions of the Agreement, principles of good manners, morality, violating personal or property rights of third parties or the legitimate interests of the Contractor; containing vulgar, erotic, pornographic content, promoting violence or drugs, containing references (web links) and content prohibited by the relevant provisions of the Polish and international law.
26. The Contractor has the right to refuse to carry out the order if the Client offers products or services which are against the law of the Republic of Poland or there is a suspicion that the data or information submitted to the Contractor are not compatible with facts - the actual state, as well as the law in effect in the Republic of Poland.
27. The Contractor has the right to refuse to broadcast or to stop broadcasting the Entry, if it is considered to be nagging or harmful to other Clients or Users of the Portal.
28. In the cases described in § 7 points 24, 25, 26, 27 the amount of money due for the Entry and paid by the Client to the Contractor’s bank account is not refundable. The Contractor may demand from the Client a refund of any expenses he bear during the current execution of the order.
29. The Client is entitled to update and supplement the Company’s data in the Entry on the A&K Luxury Expo Portal during the agreement period between the Parties. The Client updates or supplements the Company’s data by re-filling and sending the contact form to the Contractor at the www.LuxuryExpo.pl web address or by providing the Contractor’s consultant with the Company’s data subject to adjustment by telephone, or by Contractor’s e-mail address contact@luxuryexpo.pl.
30. The Contractor makes corrections and additions to the data in the Entry.
31. The Client has the right to make a complaint.
32. In case the Entry’s content is incompatible with arrangements between the Parties, the Contractor undertakes to correct the Entry in the additional period, agreed by the Parties.
33. The Portal’s Owner has the right to take stance to the Client’s complaint within 14 calendar days.
34. The Client is not entitled to make a complaint if He/She fails to inform the Contractor about the Entry’s defects within 7 calendar days from the date of the Entry’s display or when the complaint is caused by ignorance of the Regulations and the GTC – General Terms and Conditions of the Agreement.
35. Termination of the Agreement regarding the Company’s Entry on the Portal comes into effect on the date of submission of a written notice of the termination of the Agreement by the Contractor or the Client.
36. In the event of the termination of the Agreement by the Contractor before the expiry of the last day of the period of its validity, the Client is entitled to reimbursement of the fees paid for the execution of the order, except for the cases specified in § 7 points 24, 25, 26, 27, in an amount proportional to the workload and period of time during which the Entry was displayed.
37. In the event of the termination of the Agreement by the Contractor before the end of its validity term, the Client has no right over the authorization referred to in § 7 points 36. The Client is not entitled to compensation for damages resulting from the termination of the Agreement by the Contractor and / or removal of the Company’s Entry from the Portal.
38. The Contractor is liable for damages resulting from improper performance of the Agreement, caused by the Contractor’s fault. Compensation on this account cannot exceed the Contractor’s remuneration for the performance of the service.
39. Termination of the Agreement by the Client within 7 calendar days from the date of the payment for the Company’s Entry to the Contractor’s bank account, results in the cancellation of commitments of both Parties.
40. If the Contractor has already carried out some work to create the Entry for the Client, the Client is obliged to return the cost of work associated with the preparation of the Entry. The cost of the work done will be estimated individually for each order.
41. In the event of termination of the Agreement by the Client after 7 calendar days from the date of the payment for the Company’s Entry to the Contractor’s bank account, and before the end of the last day of the validity period of the Agreement and in the event when the Client commands the Contractor to stop broadcasting the Entry or to delete It from the Companies’ Directory on the A&K Luxury Expo Portal, the Entry fee paid by the Client to the Contractor’s bank account is not refundable.
42. After the end of the validity period of the Agreement between the Parties, the Client has the right to extend the Agreement regarding the Entry’s display after the payment for a further period of display on the basis of a Pro-form VAT invoice issued by the Contractor. In the case of non-exercise of this right, the Entry may be removed by the Contractor from the A&K Luxury Expo Portal.
43. After the end of the validity period of the Agreement between the Parties regarding the Entry’s display, the Client is not entitled to submit claims against the Contractor in terms of Entry’s content or display, including the request to remove the Entry from the Companies’ Catalogue, unless the Entry’s content grossly violates the Client’s interests or contains outdated information.
44. In the event of the invalidity of any of the provisions of the GTC - General Terms and Conditions of the Agreement, the Parties are bound by the GTC in the remaining part not affected by invalidity.
45. In matters not regulated by these GTC – General Terms and Conditions of the Agreement, the provisions of the Regulations and the relevant provisions of Polish law apply.
§ 8. FINAL PROVISIONS
1. Every User and Client using the A&K Luxury Expo Portal declares that He/She has become acquainted with the Regulations and the GTC – General Terms and Conditions of the Agreement and fully accepts them.
2. Complaints resulting from ignorance of these Regulations and the GTC - General Terms and Conditions of the Agreement will be deemed to be unfounded.
3. The Portal’s Owner reserves the right to change the content of the Regulations and the GTC – General Terms and Conditions of the Agreement as needed. Changes to the Regulations and the GTC – General Terms and Conditions enter into force on the day of displaying them on the A&K Luxury Expo Portal in the bookmark ‘Regulations’.
4. The Contractor has the right to create detailed Regulations.
5. Changing the organizational form in which the Contractor runs the business and manages the A&K Luxury Expo Portal does not affect the provisions of the Regulations, the GTC - General Terms and Conditions of the Agreement and legal relations with Clients.
6. In matters not regulated by the Regulations and the GTC – General Terms and Conditions of the Agreement, the provisions of Polish law apply: the provisions of the Polish Act of Law on Providing Services by Electronic Means, the Act of Law on Personal Data Protection, provisions of the Civil Code as well as other mandatory provisions of Polish law.
7. Any disputes between the Contractor and the Client and arising from the application of the Regulations will be settled by the Common Court of law with jurisdiction over the registered seat of the Portal’s Owner.
8. The Client is bound by the Regulations which were valid on the day the Portal’s Owner accepted the Client’s order.
9. These Regulations come into effect on the 1st of October 2015.