TERMS AND CONDITIONS OF USING PAG SERVICE
Art. 1 DEFINITIONS
Terms used in the Rules mean:
PAG: Professional Automotive Group Bartłomiej Bilski with its registered office in 60-201 Poznań, ul. Górecka 23, NIP 7822324910 (tax identification numer),
SERVICE: the trading platform, carried out by PAG in Polish language
USER: a subject that obtained an access to PAG service on the conditions set out in the Rules,
ACCOUNT: kept for a User by PAG under a unique name (login), an account involving resources, where User’s data are gathered as well as information about their activities in PAG service,
REGISTRATION: procedure of establishing an account,
RULES: the Rules of PAG service
Art. 2 TERMS OF USING THE SERVICE
2.1 A User may be an individual, above 18 years old and having a full ability to perform legal actions, a legal person and an organisational entity, having no legal personality, but able to acquire rights and assume obligations on their own behalf. Users may be people, above 13 years old, but under 18 years old in terms of acquiring rights and assume obligations with the provisions of domestic law in force.
2.2 Registration may be carried out by a person, who is empowered to perform on their behalf all activities related to Registration and to fulfill all Users’ rights and duties. In order to Register a person shall fill in a registration form by providing a name, legal form and registered address/permanent residence and also giving: name and surname, e-mail address, contact telephone numer, full name (company) of registered subject and its registered office address with the name of the country and region (voivodship) and next send the copy of documents confirming these data within the period of the month from the date of Registration.
2.3 After filling in and confirming the accuracy of data provided in registration form, a message shall be sent on the given e-mail address indicating the confirmation of Registration and other information required by the law. As of the moment of confirming Registration the contract is concluded between registered entity and PAG, of which the services provided by PAG are the subject, on the terms set in Rules.
2.4 PAG may depend Registration or using PAG service by a User on the credibility of their data mentioned above. In these cases a User shall be obliged to send a copy of the documents confirming provided data.
2.5 As a result of a proper Registration PAG creates an Account for a User which is assigned to a name (login). A User, who carried out Registration, gets an access to an Account after providing login and password (logging) in PAG service. Provided e-mail may be a User’s login. A User, who carried out Registration by using Facebook or added an Account in PAG service with Facebook account may also log in via Facebook Connect application.
2.6. Logging to PAG service via WebPl or via Facebook Connect application carries the same results as direct logging on PAG service website.
2.7. An Account includes data provided by a User in Registration. In case of further changes of any of the data, a User shall immediately update then, using a relevant form, available on a proper PAG website. It is forbidden to delete any data by a User, which are mentioned in Art. 2.2, while using PAG service, as well as providing incomplete or untrue data. After completing Registration a User has no possibility to change their Account (login) chosen during Registration. For each Account a different e-mail address shall be assigned.
2.8. A User shall register and activate Account by using a special form on a proper PAG webpage to get access to services offered by PAG. After receiving a letter, sent by post by PAG on a given contact address, with an activation code they shall enter the activation code on a proper PAG website.
2.9. A User shall not have more than one Account.
2.10. A User shall not use Accounts of other Users or share their Account with other Users. A User who shares their Account is held responsible for any activities undertaken by this subject, whom they shared the Account with. A user shall keep their password to the Account secret.
2.11. Accounts are inalienable.
2.12. PAG conditions the right to block an Account temporally or access to chosen services in case of considering the safety of an Account is at risk. PAG may condition further use of an Account by a User with a change of the access password to that Account. After changing the password a User will immediately get access to their Account.
2.13. Any usage of an Account detrimental to the interests of other Users of PAG service is strictly forbidden.
Art. 3. PRIVACY AND CONFIDENTIALITY
3.2. Personal data of Users shall be revealed to other Users only in the situations, provided in the Rules and in other justified cases, with the prior consent of a data subject.
3.3. User is obliged not to reveal other Users’ data to third parties, which were given by PAG by using PAG service, unless they achieved a prior consent of a data subject.
Art. 4. AMENDMENTS TO THE RULES
4.1. PAG may change the Rules. The Amendment shall become effective on a date set by PAG, but must not be less than 7 days from the date of publishing amended Rules in PAG service.
4.2. Following the entry of the amendments a User shall be informed about the changes and possibility of their acceptance, at first logging in PAG service. Continued use of PAG service constitutes acceptance of those changes. The refusal to accept the amendmends shall constitute the termination of the contract with PAG with effect reffered in Art. 5.1.
Art. 5. TERMINATION OF THE CONTRACT
5.1. Providing services in the scope of PAG service is unlimited in time, subject to the following sentence and the provisions involved in art. 5.2 below. A User may terminate the contract with PAG at any time, by filling in a form, available on the relevant site, which involves a notice of contract termination and then by confirming introduced data – login and password. Including the condition set in art. 5.4, the contract shall be terminated with immediate effect as soon as the data are confirmed.
5.2. Due to significant reasons the contract may be terminated by PAG with immediate effect.
5.3. If the contract is terminated by the PAG decision, a User shall not register again in PAG service without prior content of PAG.
Art. 6. CONTACT AND COMPLAINT PROCEEDINGS
6.1. A User may contact PAG:
a. in writing, using address: 60-201 Poznań, ul. Górecka 23,
b. by using link Contact, available on PAG main website, after choosing the subject of message in the contact form.
6.2. A User may make a complaint, if the services that are provided in the Rules are not carried out by PAG or are carried out inconsistent with the Rules.
6.3. A complaint may be made in the electronic form by using contact form or in writing. A complaint shall include at least a User’s login used in PAG service and the description of reported problems.
6.4. If data provided in a complaint or information need completing, after handling the complaint PAG asks a person who lodged the complaint to complete it in a particular area and time.
6.5. PAG processes a complaint within 14 days from the date of submission of the complaint, provided that PAG may refuse to handle a complaint lodged 90 days from the onset of the causes of complaint.
6.6. An answer to a complaint shall be sent exclusively on e-mail address, assigned to an Account of a User. In particulary justified cases PAG may sent its answer on a different address indicated by a person lodging a complaint, which is not assigned to a User’s Account.
Art. 7. APPLICABLE LAW AND DISPUTES
The law applicable to the contract between a User and PAG, of which the services provided are subject in the scope of PAG service on the conditions set in the Rules is Polish law. Any legal disputes connected with services provided by PAG and not settled amicably, shall be settled by the District Court Poznań – Stare Miasto in Poznań or the Regional Court in Poznań, whichever will be competent. A user who is a consumer has the right to use a non-governmental way of handling a complaint and redress before the Permanent Consumer Arbitration Court, operating at the Voivodship Inspector of Trade Inspection in Poznań. Information concerning access to above mentioned modes and procedures of disputes settlements are published at www.uokik.gov.pl, in the Settlement of Consumer Disputes tab.
Art. 8. ANNEXES
The Rules involves following annexes, which constitute its integral part:
Annex no 2: ‘’Cookies” policy;
Art. 9. VALIDITY
If any provision of these rules shall be deemed a final court decision as invalid, the other provisions shall remain in force.