ARTICLE 1

General provisions

Terms and Conditions of Online Services, hereinafter Terms and Conditions, define terms and conditions of providing legal services online, over the phone, over video chat to physical persons, legal persons and organisation units without legal personality, as well as purchases of digital materials by said persons, hereinafter referred to as “Clients”, in electronic form on the website at http://mcp-kancelaria.pl/, hereinafter referred to as the “Website”.

ARTICLE 2

Definitions

Expressions used in these Terms and Conditions are defined as follows:

  1. Seller – Kancelaria Adwokacka Michał Ciupa i Partnerzy, registered office: 40-287 Katowice, ul. 1 Maja 38/3, REGON: 362466123, NIP: 9542758235
  2. Website – Internet service operated at http://mcp-kancelaria.pl.
  3. Consumer – a physical person using Online Services available on Website to the extent not w directly relating to business or professional activities of such physical person (acc. to Article 221 Civil Code).
  4. Online Services – services provided via Website and covering legal advice online, legal advice over the phone, video chat legal advice and purchase of digital materials offered on Website.
  5. Legal advice ordered via Website – legal advice online (provided in e-mail message form), legal advice provided over the phone, video chat legal advice, ordered by a Client on Website.
  6. Digital Materials – all materials created and delivered in digital form, available for sale on Website, in particular e-books (digital materials for download), online courses, electronic documents.
  7. Terms and Conditions – these Terms and Conditions.
  8. Client – physical person fully capable of undertaking legal actions, legal person or organisation unit without legal personality, that is using Online Services or purchasing Digital Materials.

ARTICLE 3

Legal advice ordered via Website

1.Client who wishes to obtain legal advice via Website shall fill the online service request form available on Website page.

2.Filled online service order form should contain questions that will be used as the base for legal advice provided, including details of actual circumstances.

3.Then the Client receives a return e-mail message confirming the receipt of his/her request by an attorney in law and containing further details of service provision, including terms and forms of payment.

4.Had the Client accepted terms of provision of legal services, he/she shall effect payment in the form indicated by the attorney.

5.The Client shall be obliged to:

a) provide answers to questions asked by the Seller with regard to the issue presented by the Client;

b) provide the Seller with his/her contact data for communication purposes;

c) provide the Seller with necessary data to enable issuance of an invoice, should the Client requests such invoice or should the issuance of an invoice be mandatory;

d) confirm his/her receipt of the answer;

e) use the legal advice obtained solely for his/her own benefit.

6.In the event of failure to perform obligations stemming form these Terms and Conditions provision of Online Services shall be suspended until the Client remedies the reason for suspension, which remedying shall be immediately notified by the Seller to the Client.

7.Exept in cases referred to in (6) above, any change in the date of providing the Online Service shall be permitted solely in complex cases requiring extraordinary input of labour and additional explanations, or due to Force Majeure.

8.Any change in date of providing the Online Service shall be notified to the Client promptly.

9.Legal advice ordered via Website may be provided in one of the following forms:

– Legal advice online – legal advices is provided in e-mail message;

– Legal advice over the phone – legal advice is provided over the phone, by calling of telephone number submitted by the Client;

– Video chat legal advice – legal advice is provided over Skype IM;

– Form of legal advice provided via Website is selected by the Client, when filling in the online service order form.

ARTICLE 4

Expiration

1.The Agreement shall expire on completion of Online Service provided by the Seller pursuant to Article 2 (9) Terms and Conditions.

2.The Agreement shall be terminated in the event of Client’s failure to remedy the reason for suspension, as referred to in Article 2 (6) Terms and Conditions, within 7 days following the date of notifying the Client by the Law Firm on suspension in provision of Online Services to such Client.

3.In the event of termination after the payment is effected by the Client, the Law Firm shall reimburse turn such payment to the bank account indicated by the Client within 7 days following the date of termination.

ARTICLE 5

Purchase of Digital Materials

1.The Client may purchase Digital Materials by selecting desired material form the relevant Website page. The Client may be provided variants of Digital Materials available for purchase, varying in price. All quoted prices are gross prices (VAT included).

2.To purchase desired Digital Materials the Client should click “Buy now” button, resulting in addition of selected Digital Materials to the shopping cart. Then, the Client may continue purchasing or click the button “Go to checkout” and finalize the purchase transaction on the following page.

3.To complete the purchase transaction the Client should fill in the Purchase Order form and then go to payment procedure by clicking the button “Buying and paying”.

4.All payments are effected via imoje service, owned and operated by ING Bank Śląski with the registered office in Katowice, ul. Sokolska 34, 40-086 Katowice, VAT ID 634-013-54-75, registered with the Register of Commerce at National Court Register maintained by District Court in Katowice – East in Katowice, 9th Division of Commerce, entry no. KRS 0000005459, share capital –PLN 130,100,000.00 (paid in full).

5.Avalibale methods of payment are instant electronic payment and payment by credit/debit card.

6.The purchase is confirmed by e-mail message sent to the e-mail address provided by the Client in the Purchase Order form, which contains final confirmation of all important aspects of the Purchase Order.

7.On crediting the payment on the bank account of the Seller, an automatic e-mail message is sent to the Client containing a link to Product download page.

8.Sales Agreement is considered as executed on Client’s receipt of eh e-mail message referred to in (7) herein.

ARTICLE 6

Technical requirements

1.The Client may use all available Website functions in the manner consistent with Terms and Conditions and provisions of law in force, without interfering with Website operation or other clients’ use of Website.

2.Using of Website requires:

– Internet access;

– properly set up web browser handling cookies – Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;

– active and properly set up e-mail account;

– active and properly set up account of Skype IM (in case Client intends to use video chat legal advice).

3.Digital Materials are digital content as defined in Consumer Rights Act of 30 May 2014.

4.Correct use of Digital Materials requires that Client has standard operating system, PDF reading software and Microsoft Office suite, or equivalent office suites (Libre Office, Open Office) installed.

5.In the event the Client is not able to open the file containing Digital Material purchased, he/she should contact the Seller at kancelaria@mcp-kancelaria.pl.

6.Should the nature of Digital Materials so require, the Client shall receive them in editable form, including the possibility of adapting them to his/her needs.

7.The Seller stipulates that under the agreement executed pursuant to these Terms and Conditions, the Seller only delivers to the Client digital content in the form of Digital Materials purchased by the Client. The Seller provides no assistance whatsoever to Client with regard to using Digital Materials purchased by such Client, in particular provides no legal assistance whatsoever in this respect, unless clearly stipulated in description of Digital Material provided. The Client may seek the assistance from the Seller in this respect by executing separate agreement with the Seller, subject to terms and conditions as agreed with the Seller.

ARTICLE 7

Intellectual Property Rights

1.Hereby the Seller informs the Client that the content on Website pages, in particular e-books (digital materials for download), online courses, electronic documents, are protected by copyrights owned by the Seller.

2.Illegal distribution of content or materials referred to in (1) above without prior consent of the Seller may result in civil or penal liability.

ARTICLE 8

Personal data protection

1.The controller of personal data and the operator of the website www.mcp-kancelaria.pl, (Website) is Kancelaria Adwokacka Michał Ciupa i Partnerzy, with the registered office at ul. 1 Maja 38/3, 40-287 Katowice, contact at e-mail address: kancelaria@mcp-kancelaria.pl.

2.For detailed principles of personal data processing and the use of cookies see our Privacy Policy available at https://mcp-kancelaria.pl/wp-content/uploads/2018/05/polityka_regulamin-cokies.pdf. 

ARTICLE 9

Termination

1.The Client-Consumer is entitled to terminate the sales agreement with the Seller within 14 days following execution of such agreement.

2.To terminate the sales agreement, the Client shall be obliged to provide the statement to that effect and to send it to the Seller (e.g. via regular mail or e-mail).

3.To keep the possibility of terminating the sales agreement it shall suffice that the Client sends a message concerning enforcement of his/her right to terminate the agreement before expiration of the date for termination.

4.Had the Client issued permission to the Seller of Digital Materials providing him or her with such Digital Materials before the expiration date of agreement termination period, the Client forfeits his right to terminate the agreement executed with the Seller.

ARTICLE 10

Liability for defects

1.The Seller is obliged to deliver to the Client Digital Materials that are free from defects.

2.The Seller shall be liable vis-a-vis the Client-Consumer, as defined in Article 221 Civil Code, for inconsistency with sales agreement of Digital Materials purchased by the Client, also the Seller shall be liable pursuant to applicable provisions of Consumer Rights Act.

3.Any complaints relating to purchased Digital Materials or the purchasing process, or any complaints relating to operation of Website, may be raised by the Client via e-mail at the e-mail address: kancelaria@mcp-kancelaria.pl.

4.Complaints should contain information that identifies the Client, subject of his/her complaint and his/her demands related to such complaint. In the event of receiving incomplete complaint, the Seller shall request the Client to provide missing information, against the penalty of rejecting such incomplete complaint.

5.The Seller shall handle the complete complaint within 14 days following its receipt, and notify the Client raising the complaint on resolution at Client’s e-mail address.

ARTICLE 11

Out-of-court methods of handling complaints and seeking damages

1.In the event that the complaint handling procedure shall bring no result satisfactory to the Consumer, the Consumer may use out-of-court methods of handling complaints and seeking damages.

2.Detailed information on the Client-consumer possibility to use out-of-court methods of resolving complaints and pursuing claims, as well as principles of accessing such procedures, are available at the website of the Office for Competition and Consumer Protection at    

https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

3.The website of the Office for Competition and Consumer Protection hosts the register of authorized entities – institutions dealing with out-of-court resolution of consumer disputes in Poland; the register is available at https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php

4.The Consumer may request free of charge assistance in resolution of a dispute with the Seller by addressing poviat- or city-based consumer ombundsman. For detailed information in this respect see the website at https://uokik.gov.pl/rzecznicy.php

5.A consumer may also use ODR (ODR ― Online Dispute Resolution) platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL The platform is used to resolve disputes between consumers and businesses on European Union level.

ARTICLE 12

Final provisions

1.Matters not included in these Terms and Conditions of Online Services, in particular submission of electronic declaration of will, shall be governed by applicable provisions of Civil Code and other Acts of Law.

2.These Terms and Conditions are effective from 1 June 2019 and apply to all Online Services provided based on such T&Cs after such date.

3.The Seller reserves the right to modify these Terms and Conditions at any time. Any modifications to Terms and Conditions shall be effective from the date of their publishing on Law Firm’s website. Requests submitted before the date of modifying these Terms and Conditions shall be completed pursuant to provisions in effect on the date of submitting such request by the Client.