Terms and conditions

Terms and conditions of Services provided via email by Natalia Zielmachowicz Legal Advisor’s Office

§1

These Regulations define the general terms and conditions for the provision of electronic services in accordance with the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 no. 144 item 1204) by Natalia Zielmachowicz Legal Advisor’s Office, hereinafter referred to as the Law Firm, as well as the terms and conditions for concluding and terminating the contract for the provision of services and the procedure of complaint proceedings.
The Law Firm provides legal services by electronic means, in the form of on-line legal advice provided via the website operating at: www.radcaprawny-trojėo.pl, as well as via electronic
mail kancelaria@radcaprawny-trojėo.pl.
The team of the Law Firm is entitled to provide legal advice. The list of persons providing legal assistance can be found at www.radcaprawny-trojėo.pl
Any natural person with full legal capacity and an entity authorised to represent legal persons, as well as organizational units without legal personality but with legal capacity, hereinafter
referred to as “Clients”, may address inquiries via means of distance communication to the Team of the Law Firm.
Before using the services, the Customer is obliged to read the content of these Regulations.
From the moment of using the services of the Law Firm, the Customer is obliged to comply with the provisions of these Regulations.
At any time, the Customer has free access to the Terms and Conditions via the website in a way that allows them to be downloaded, recorded and printed.

§ 2

The terms used in these Regulations should be understood as:

Law Firm – Natalia Zielmachowicz Legal Advisor’s Office, ul. Śląska 53 lok. B202/B203, 81-304 Gdynia NIP: 578 309 41 54;
Client – a natural person with full legal capacity, as well as an entity authorized to represent legal persons, and organizational units without legal personality but having legal capacity, a
representative or proxy of a natural person or a legal person;
Website – www.radcaprawny-trojmiasto.pl website
Service – one-time provision of legal assistance by the Law Firm on the terms set out in these Regulations;
act – the act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 no. 144 item 1204).

§ 3

The use of advice is completely voluntary.
The services are provided by the Law Firm against remuneration specified by the Law Firm and confirmed by the Client.
The remuneration is given in Polish zloty, including VAT.
At the Customer’s request, the remuneration may be given in euro. Including VAT.
For the service rendered, the Law Firm issues a bill to the Client. VAT invoices are issued only at the Customer’s request.
The Law Firm, through means of distance communication, provides legal assistance to Clients, which in particular consists in:
- analysis of the legal problem and provision of legal advice;
- preparation of a pleading;
- preparation of other types of letters requiring legal argumentation;
- preparation of a legal opinion;
- preparation of an agreement, regulations, statutes or other normative act.
The provision of the Service by the Law Firm takes place as follows:
1. The Client sends the form available on the website www.radcaprawny-trojmiasto.pl in the “On-line Advice” tab or by e-mail kancelaria@radcaprawny-trojmiasto.pl with inquiry about the possibility of providing legal advice at a distance by the Law Firm. The inquiry submitted by the Customer should contain a description of the factual situation and legal problem as well as questions and the type of Service in which the Customer is interested. At the same time, the Customer should attach scans of all necessary documents to the message;
2. After reading the content of the Client’s inquiry, the Client will receive feedback as soon as possible containing the amount of the Law Firm’s fee and the expected date of the Service;
3. If the Client accepts the proposed conditions, the contact form downloaded from the website or sent to the Client in the form of an e-mail should be returned and the agreed fee should be paid in advance to the bank account number of the Law Firm 52 1020 1853 0000 9602 0247 8923;
4. The Law Firm has the right to send additional questions to the Client or, if it is necessary to perform the Service, ask for additional documents to be sent;
5. After receiving the agreed remuneration, the Law Firm will proceed to perform the Service within the agreed period;
6. When the Customer sends the contact form and pays the fee, an agreement is concluded between the Law Firm and the Client on the terms resulting from e-mail correspondence and these Regulations. The condition for the conclusion of the contract is to book the remuneration for the Service on the bank account of the Law Firm;
7. If the Law Firm decides that the Service commissioned by the Client is impossible to perform, the Law Firm will immediately notify the Client and enable him to resign from the Service with a refund of the remuneration paid;
8. The Law Firm, after prior agreement with the Client, reserves the right to perform the contract in parts, as well as to allow him to withdraw from the agreement for this reason;
9. The Law Firm performs the Service only on the basis of the facts presented by the Client. The Law Firm is entitled to ask additional questions regarding the facts;
10. The Client’s failure to answer the questions asked by the Law Firm within 3 business days, which prevents the Law Firm from performing the Service in a reliable and correct manner, entitles the Law Firm to fail to meet the agreed date of service performance and to the possibility of refusing to provide
  the Service. The Law Firm notifies the Client about the refusal to provide the service by sending an email to the e-mail address provided by him. The Law Firm shall immediately return the received Remuneration to the Client’s bank account. In the case of performing part of the service, the Law Firm
  reserves the right to make appropriate deductions;
11. The customer bears all costs of proceedings in accordance with applicable regulations. These costs include court fees, stamp duties, advances on the costs of expert opinions, costs of making entries etc. The Law Firm will always warn the Client about the obligation to bear the costs related to the planned activity. If the Customer declares that he does not want to incur costs, the actions will not be performed and the effects of this decision are borne solely by the Customer;

§ 4

Each of the parties to the contract has the right to terminate the concluded contract at any time and without giving a reason. The Law Firm reserves the right to retain part of the
remuneration for the Service performed so far;
The Law Firm has the right to withdraw from the provision of the Service with immediate effect, in the event of a breach by the Client of the provisions of these Regulations, as well as
in the event that:
- the Client does not provide the Law Firm with the information necessary to perform the Service or does not sent the documents requested by the Law Firm, necessary to
  perform the Service,
- it turns out that personal contact with the Law Firm is necessary in order to perform the Service and it will not be possible due to the fault of the Client;
- there are circumstances indicated in the Code of Ethics of a Legal Adviser (e.g. conflict of interest);
- the Client provides false information or deliberately misleads the Law Firm.
The Client has the right to withdraw from the contract if the Law Firm without prior notification of the extension of the deadline for the provision of the Service, does not perform it within the agreed period, subject to §3 section 10 of the Regulations;
In the event of withdrawal from the contract by the Client for the reasons indicated in § 4 item 3 of the Regulations, the Client has the right to demand a refund of the remuneration paid to
the Law Firm, subject to appropriate deductions by the Law Firm;
The Law Firm undertakes to perform the Service reliably with due diligence and in accordance with its best knowledge and professional experience;
The Customer also has the right to withdraw from the Agreement, without giving reasons, within 14 days from the date of conclusion of the Agreement, i.e. from the date on which he
made the payment;
Withdrawal from the contract requires a written form under pain of nullity. The statement of withdrawal from the contract is made by completing the statement (HERE) and sending it
electronically to the e-mail address: kancelaria@radcaprawny-trojmiasto.pl or by personally submitting a written statement at the registered office of the Law Firm.

§ 5

In order to respond to the inquiry addressed to the Law Firm and the performance of the Service, it is necessary to provide personal data, including name, surname, e-mail address,
telephone number, PESEL. Providing the above data is voluntary but it is necessary for the proper performance of the service;
At the time of acceptance of the Regulations, the Client agrees to the processing of his personal data by the Law Firm in order to perform the Service;
Natalia Zielmachowicz Legal Advisor’s Office ensures that the personal data entrusted by the Client will be collected with due diligence and properly protected against access to them by
third parties unauthorized to process them, in accordance with applicable provisions on the protection of personal data, including the provisions of Regulation (EU) 2016/679 of the
European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC – hereinafter referred to as “GDPR” and the Act of 10 May 2018 on the protection of personal data.
The administrator of personal data is Natalia Zielmachowicz Legal Advisor’s Office, ul. Śląska 53 lok. B202/B203 NIP: 578 309 41 54. Contact with the Administrator is possible through the
above. correspondence address, as well as via e-mail address: kancelaria@radcaprawnytrojmiasto.pl.;
After the termination of the Agreement, the Law Firm will not process the Client’s personal data.

§ 6

The Customer has the right to submit any complaints related to the Service performed. Complaints should be reported to the e-mail address kancelaria@radcaprawny-trojmiasto.pl.
The time for the examination of the complaint by the Law Firm is 14 working days from the date of receipt of the complaint (HERE);
Information regarding the consideration of the complaint will be sent directly to the Customer to the e-mail address provided by him.

§ 7

An integral part of the contract concluded with the Customer is these Regulations;
It is the Client’s responsibility to inform the Law Firm about any change in data and in the factual situation to the extent required for the proper provision of the Service to the Client;
The Law Firm reserves the right to change these Regulations at any time;
Amendments to the Regulations are effective from the moment they are clearly indicated and placed on the website www.radcaprawny-trojmiasto.pl;
At the time of accepting the Regulations, the Customer is obliged to comply with its provisions in the version valid on the day of sending the inquiry. Subsequent amendments to the
Regulations will not apply to the contract already concluded;
Settlement of any disputes arising between the Law Firm and the Client shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code
of Civil Procedure.
These Regulations for the provision of services at a distance apply in the above-mentioned scope from 1.06.2018.

Information on the processing of personal data

1. Controller of personal data

The controller of your personal data is the Natalia Zielmachowicz Legal Advisor’s Office at ul. Śląska, No. 53, lok. B202/B203, 81-304 Gdynia NIP: 5783094154, REGON: 365562904 (hereinafter: Controller or Law Firm).

The Law Firm can be contacted in the following ways:

by post to the following address: ul. Śląska, No. 53, lok. B202/B203, 81-304 Gdynia;
by e-mail: kancelaria@radcaprawny-trojmiasto.pl;
by phone: +48 509 923 373.

2. Purposes of processing and legal basis for processingyour personal data shall be processed in order to:

take action at your request, before concluding the contract, in particular to submit offers or provide information on the scope of legal services provided;
provide you with legal services in accordance with the concluded contract;
perform tax and accounting obligations;
fulfil the obligation to register transactions exceeding EUR 15,000.00 resulting from the Act of 16 November 2000 on counteracting money laundering and terrorist financing;
marketing (direct marketing of own products and services), including sending commercial information sent by the Law Firm to the e-mail address provided by you.

3. The legal basis for your personal data processing is:

consent to the processing of data expressed when filling in the form on the Law Firm’s website, in the field of direct marketing;
need to perform a contract for the provision of legal services;
legitimate interest of the Law Firm manifested by the need for reliable and efficient provision of services and performance of duties related to the profession of legal advisor and
professional activity;
processing of personal data necessary for the establishment, exercise or defence of legal claims, including the processing of special categories of personal data such as racial or ethnic
origin, political opinions, religious or philosophical beliefs, trade union membership and genetic data, biometric data for the purpose of uniquely identifying a natural person or data
concerning health, sexuality or sexual orientation.

4. Use of submitted documents

Personal data contained in the documents provided may be necessary for the correct and reliable provision of services and, at the same time, the data will be used only to the necessary extent.

5. Period of personal data storage

We will store your personal data for the period of limitation of claims arising from the concluded contract. In the case of data provided solely on the basis of consent in the field of direct marketing,
this data will be stored for a period of 3 years from the consent.

6. Data recipients

We will transfer your personal data:

suppliers to whom the Law Firm has commissioned services related to the processing of personal data, including IT service providers, tax advisors. Such entities process data on the
basis of an agreement with the Law Firm and only in accordance with the instructions of the Law Firm;
other persons providing legal representation (legal advisers and lawyers) if it is necessary for the conduct of the case, through substitution representation;
state and local government administration bodies, administrative courts, common courts and court bailiffs;
other persons by disclosing your data to the extent necessary to demonstrate a power of attorney, pursue claims, conclude contracts or provide other services in accordance with the
concluded contract, including your debtors, creditors, their proxies or representatives.

7. Your rights related to the processing of personal data and making automated decisions

You have the following rights related to the processing of personal data:

the right to withdraw consent to data processing,
right of access your personal data,
request rectification / correction of personal data;
free information on the personal data stored about you.
right to requests to limit the processing of personal data;
right to object to the processing of data due to a special situation – in cases where the Law Firm processes your data on the basis of a legitimate interest;
right to data portability, i.e. the right to receive personal data, in a structured, commonly used and machine-readable IT format. You can send this data to another data controller or request
that we send your data to another data controller. However, we shall send the data only if it is technically possible. The right to data portability applies only to the data which is processed
on the basis of the contract concluded with you and upon your consent,

Right to withdraw your consent

To the extent that your data is processed on the basis of consent, i.e. data provided in connection with consent to direct marketing – you have the right to withdraw your consent to the processing of data at any time. The withdrawal of your consent does not affect the lawfulness of the processing that was made on the basis of such consent before its withdrawal. Consent may be withdrawn by sending a statement of withdrawal of consent to the correspondence address or e-mail address.

Right to lodge a complaint with a supervisory authority,

You also have the right to lodge a complaint with the data protection supervisory authority, i.e. President of the Personal Data Protection Office.

8. Source of personal data

Most of the personal data processed by the Law Firm will come from you. However, in some situations, it is possible that some of the personal data will be obtained from third parties, in particular from public registers (National Court Register, Central Register and Information on Business Activity, Land and Mortgage Register) or as a result of disclosure of information by third parties in the course of court or out-of-court cases (for example: in a pleading addressed to the Administrator as your representative or a request for payment).

9. Information about the obligation to provide data

Providing your personal data is a requirement to respond to your inquiry and then a requirement to conclude a contract and you are not obliged to provide them. The consequence of not providing
personal data will be a refusal to respond, conclude a contract and, if there is a need to provide additional data during the performance of the contract, it will not be possible to perform the concluded contract. In special cases, failure to provide data in a timely manner may lead to negative consequences on your part, including by the expiry of the subjective right or the limitation of claims. In some cases, the provision of personal data may result from an obligation of a court or administrative authority. Failure to provide personal data indicated in the commitment may lead to negative procedural consequences indicated in the obligation of the court or administrative body or other consequences resulting from individual provisions of law.

10. Information on automated decision making:

Your personal data will not be subject to automated decision making, including profiling.