GENERAL TERMS AND CONDITIONS
DEFINITIONS
Alert – one of the Services, consisting of transmitting information via e-mail concerning current changes in the law; An Alert may also be sent in the form of a Newsletter (the Newsletter Terms and Conditions are set out below)
MONUM LAWYER/Service Provider – the entity providing Services, i.e. Emilia Łobińska-Szyc, conducting business under the name „MONUM Lawyer’s Office Kancelaria Radcy Prawnego Emilia Łobińska-Szyc” with its registered office at ul. Świętojańska 105/2, 81-381 Gdynia, NIP: 5372386613, REGON: 221982087.
Privacy Policy – document describing the method of processing and securing personal data by MONUM LAWYER, supplementing the Regulations
Terms and Conditions These terms and conditions for the provision of services by MONUM LAWYER
Service – The website available at www.monum-lawyer.pl owned by MONUM LAWYER
Agreement – Agreement for the provision of Services other than legal assistance or business advice concluded between MONUM LAWYER and the User on the terms and conditions specified in the Regulations
Services e-services provided to Users by MONUM LAWYER
User – User of the Services on the terms indicated in the Regulations
Introduction
The Regulations set out the general terms and conditions for the use of the MONUM LAWYER Services – an entity providing services related to legal assistance and business consulting in the scope indicated on the Website, on terms and conditions determined individually with each User and based on the Regulations, as well as Services related to Alerts and access to the Website on the basis of the Regulations.
The Regulations are made available on the Service free of charge to every User before the conclusion of the Agreement, and also - at their request - in such a way that enables the User to obtain, reproduce, and store the content of the Regulations using the teleinformatic system they use.
Users may only use the Services after having read the Terms and Conditions and the Privacy Policy. If the User does not accept the Terms and Conditions or the Privacy Policy, they should not use the Services.
TERMS AND CONDITIONS OF SERVICE
To use the Services, the following minimum technical requirements must be met on the User's side: (a) a device with internet access, (b) an installed and updated version of the Internet Explorer, Chrome, Mozilla, Opera, or Safari web browser with JavaScript and cookies enabled, (c) an active email account.
Use of the Service is free of charge, subject to possible data transmission costs, which arise from agreements concluded by the User with telecommunication operators or other internet providers, and from the scope of such data transmission.
You are prohibited from providing illegal content and from using the Services in a manner contrary to the provisions of the Regulations, applicable laws, good practices, and the principles of social coexistence.
MONUM LAWYER does not post offers submitted electronically on the Service.
The service and its constituent elements, including design and content, are protected by copyright and/or other intellectual property rights. These elements may not be reproduced, distributed, or published by the User, in whole or in part, without the consent of MONUM LAWYER.
MONUM LAWYER provides Services consisting of a) enabling the User to familiarise themselves with the scope of activities undertaken by MONUM LAWYER in connection with its legal and business advisory practice, b) sending Alerts, c) providing legal assistance and business advice.
The terms and conditions form the basis for the provision of services by MONUM LAWYER as referred to in points a) and b) above.
Use of the Service is not directly related to the provision of legal assistance by MONUM LAWYER, and the commencement of legal assistance by MONUM LAWYER is conditional upon the conclusion of a separate agreement between MONUM LAWYER and the User, which will define the mutual obligations, MONUM LAWYER's remuneration, and other essential terms necessary for MONUM LAWYER to take action.
Legal Aid. Business Consultancy
In the case of MONUM LAWYER providing legal assistance or business advisory services, the provisions of this clause shall apply, unless the User and MONUM LAWYER have agreed on other rules of cooperation in a separate agreement.
The User's Order for Services is placed via telephone or electronic contact. Payment for the Service is made in advance.
Services are provided from Monday to Friday between 8 AM and 4 PM.
The user is obliged to provide a comprehensive presentation of the factual situation to which the legal assistance or business advice provided relates, and where necessary, to clarify any matters required for the proper performance of the Services by MONUM LAWYER.
Legal assistance or business advisory services are provided after MONUM LAWYER and the User have signed an order form documenting the main commitments of both parties.
Where MONUM LAWYER sends an order to the User for acceptance and signature, this shall be deemed an offer to conclude an agreement for the provision of services on the terms specified in the order. Such an offer is valid for 7 days from the date it is sent by MONUM LAWYER and expires thereafter. If the User submits a counter-offer, the conclusion of the agreement requires explicit acceptance of the counter-offer terms by MONUM LAWYER.
The agreement for the provision of legal assistance or business advisory services is concluded at the moment the User accepts the offer.
The client authorises MONUM LAWYER to issue a VAT invoice without the recipient's signature and to issue an electronic invoice. Upon the User's request, a paper invoice may be issued.
MONUM LAWYER commences the provision of legal assistance or business advisory services upon becoming aware that the User has completed payment of the remuneration owed to MONUM LAWYER.
If the remuneration of MONUM LAWYER, as determined by preliminary consultations regarding a legal or business matter, proves to be significantly disproportionate to the required workload or insufficient to resolve the User's legal or business situation, MONUM LAWYER shall propose a revised remuneration for the performance of the Service. The User, who does not agree to the change in remuneration, may withdraw from the Agreement.
MONUM LAWYER is authorised to disclose or refer to the fact of its collaboration with the User.
MONUM LAWYER may engage a subcontractor to perform the Services, provided that this does not affect the quality of their performance. MONUM LAWYER shall be liable to the User for the actions or omissions of persons through whose assistance it performs its obligations or to whom it entrusts their performance, to the same extent as for its own actions or omissions.
ALERT
Alert is one of the Services provided by MONUM LAWYER under the Terms and Conditions.
Alerts are sent to the User's email inbox. Alerts are sent irregularly, depending on the frequency of changes in the law. MONUM LAWYER is exclusively authorised to assess whether a given change in the law requires the preparation and sending of an Alert.
Alerts do not constitute the provision of legal assistance or contain commercial information. They are intended to inform Users about changes in regulations and do not constitute an offer to enter into any agreement. The User is not entitled to claim any entitlements related to the content of the alerts, unless the content in question has violated generally applicable law.
The User may at any time opt out of the Alert Service provided by MONUM LAWYER. To do so, the User may contact MONUM LAWYER via email at kancelaria@monum-lawyer.pl, by post to the registered address of MONUM LAWYER, or by using the link contained within each Alert sent by MONUM LAWYER to the User.
COMPLAINTS
The User has the right to submit a complaint regarding the Services. The complaint should include at least details that enable the User to be identified and an indication of justified objections and remarks regarding the Services. Complaints can be submitted by sending a message to the e-mail address kancelaria@monum-lawyer.pl or by post to the registered office of MONUM LAWYER.
A complaint must be submitted no later than 14 days from the date of the event that is the subject of the complaint.
MONUM LAWYER considers complaints within 14 working days, unless the User has not described the subject and scope of the complaint in a manner that allows for its consideration or has not provided data enabling the User's identification. In such a case, the period for considering the complaint runs from the day on which the User provides MONUM LAWYER with the missing information.
MONUM LAWYER will respond to the complaint at the address indicated by the User in their complaint notification or in another form chosen by them (telephone/e-mail address).
CUSTOMERS
A User who is a consumer within the meaning of the law may withdraw from the Agreement concluded with MONUM LAWYER on the basis of the provisions of law, without giving a reason, within 14 days from the date of its conclusion. The deadline is deemed to have.
The right of withdrawal from a contract concluded off-premises or at a distance does not apply to a consumer in respect of service contracts, if the trader has fully performed the service with the express consent of the consumer, who was informed before the performance began that after the performance by the trader, they would lose the right of withdrawal from the contract.
CHANGE OF TERMS AND CONDITIONS
MONUM LAWYER is entitled to amend the Terms and Conditions in case of legal changes, changes in the manner of providing services, changes in the form of MONUM LAWYER's business activity, as well as in case of technical changes related to the IT infrastructure used.
The amendment to the Regulations shall take effect 14 days from the date of publication of information about the amendment on the Website.
Any change to the Terms and Conditions, provided the User is a Consumer, must be confirmed by them. In the absence of acceptance of the changes, the User is not entitled to use the Service from the moment the Terms and Conditions are changed, and to the extent otherwise, they are bound by the version of the Terms and Conditions in force at the time the Services are provided to them by MONUM LAWYER.
FINAL PROVISIONS
The law applicable to the obligations arising from the Regulations is Polish law. Contracts are concluded in the Polish language.
Consumers have the option of using Alternative Dispute Resolution (ADR) methods instead of court proceedings, particularly through mediation, conciliation, or arbitration. A list of institutions to which consumers can turn for dispute resolution within ADR can be found at this link: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm
The consumer can also use out-of-court complaint and redress procedures by submitting their complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
If the User does not wish to use ADR or ODR, any disputes arising from these Terms and Conditions shall be settled by a common court, and the jurisdiction of the court shall be determined by the rules set out in the appropriate legal act for the User, who is a consumer.
Disputes arising between MONUM LAWYER and a User who is not also a consumer shall be subject to the court competent for the registered office of MONUM LAWYER.
The Privacy Policy, found here, supplements the Terms and Conditions.
Newsletter Terms and Conditions
DEFINITIONS
Newsletter – a free electronic service consisting of the provision by MONUM LAWYER to Users of information about new legal alerts, information about various events related to law and other materials such as e-books, as well as information related to the activities of MONUM LAWYER, in the form of an electronic letter, sent to the e-mail address indicated by the User;
Service Internet service, the administrator of which is MONUM LAWYER, located at the internet address: www.monum-lawyer.pl
Barrister MONUM Emilia Łobińska-Szyc, operating a business under the name „MONUM Lawyer’s Office K kancelaria@monum-lawyer.pl
User – an entity with full legal capacity, using the Newsletter service in accordance with these Regulations and for whom MONUM LAWYER provides Newsletter services electronically.
TERMS OF NEWSLETTER SERVICE
The Newsletter subscription service is provided by MONUM LAWYER to Users who voluntarily consent to it.
To activate the Newsletter subscription service, the User must have a device with internet access, an installed and updated web browser, and an active email address.
To subscribe to the Newsletter, the User orders the service via the form available on the Website. Upon activation of the subscription via the link sent to the e-mail address provided as indicated above, a contract for the provision of the Newsletter service for an indefinite period is concluded between MONUM LAWYER and the User.
The user may terminate the Newsletter service agreement at any time with immediate effect by deactivating the subscription. Unsubscribing from the Newsletter is done by activating the appropriate link present in the footer of each e-mail sent as part of the Newsletter service.
The user is prohibited from providing illegal content.
DATA PROTECTION
The personal data administrator for Users is MONUM LAWYER. MONUM LAWYER processes Users' personal data, specifically name and email address, solely for the purpose of providing the Newsletter service. The terms of personal data processing and cessation of processing are governed by the Privacy Policy, which forms part of these Regulations and is available Here.
COMPLAINTS
The User kancelaria@monum-lawyer.pl or the registered office address of MONUM LAWYER.
MONUM LAWYER considers complaints within 14 working days, unless the User has not described the subject and scope of the complaint in a way that allows it to be considered, or has not provided data enabling the User's identification.
MONUM LAWYER directs the response to the complaint to the email address indicated by the User.
FINAL PROVISIONS
MONUM LAWYER may change these Terms and Conditions for important legal reasons (changes to generally applicable laws regarding MONUM LAWYER’s business or the form of MONUM LAWYER’s business) or technical reasons (modernisation of the Service infrastructure, changes to services). Users will be informed of changes to these Terms and Conditions by email, sent 7 (seven) days before the new Terms and Conditions come into effect. During this time, the User should accept the amended Terms and Conditions or refuse to accept them and terminate the Newsletter service agreement with immediate effect.
In the event of a dispute with MONUM LAWYER, the User, being a consumer, is entitled to approach a permanent consumer arbitration court with a request for dispute resolution. The consumer may also request mediation or resolution from another arbitration court (use alternative dispute resolution methods, so-called ADR). To this end, a request for mediation or a request for the case to be heard by an arbitration court shall be submitted to MONUM LAWYER, depending on the Consumer's wishes. A list and addresses of entities conducting such proceedings are available from the bodies conducting them, including on their websites. The consumer may also use out-of-court complaint handling and claim recovery methods by filing their complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/
If the User does not wish to use ADR or ODR, any disputes arising under the Regulations shall be settled by a common court, and the jurisdiction of the court shall be determined by the rules specified in the legal act applicable to the User who is a consumer. Disputes arising between MONUM LAWYER and a User who is not a consumer shall be submitted to the court competent by reason of the registered office of MONUM LAWYER.
Agreements arising from these Terms and Conditions, entered into between the User and MONUM LAWYER, shall be concluded in Polish and governed by Polish law, provided that this reservation shall not deprive a User who is a consumer of the protection resulting from the mandatory provisions of the law of the User's country of habitual residence.