Terms and conditions
CCC SHOES & BAGS ONLINE SERVICES REGULATIONS
I. GENERAL PROVISIONS
II. ELECTRONIC SERVICES ON THE INTERNET SITE AND APPLICATION
III. CONDITIONS FOR CONCLUDING A RESERVATION AGREEMENT
IV. NON-JUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
VI. PERSONAL DATA PROTECTION
VII. TERMINATION OF A CONTRACT FOR PROVIDING SERVICES AND AMENDMENT TO THE REGULATIONS
VIII. PROVISIONS REGARDING USERS WHO ARE NOT CONSUMERS
IX. FINAL PROVISIONS
The CCC shoes & bags Website takes care of Consumer's rights. A consumer cannot waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favourable to the Consumer than the provisions of the Consumer Rights Act are invalid and shall be replaced by the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of Consumers under the mandatory provisions of law, and any possible doubts should be explained in favour of the Consumer. In the event of any unintended non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and the CCC applies them.
I. GENERAL PROVISIONS
1. The Website available at the Internet address www.CCC.eu/pl (including the subpages and tabs located at the indicated Internet address) is run for CCC by the company CCC.eu sp. z o.o. (Limited Liability Company) with registered office in Polkowice, 6 Strefowa Street, 59-101 Polkowice (which is also the delivery address), entered into the Register of Entrepreneurs, kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Department of National Court Register, KRS number 0000506139, Tax Identification Number (NIP) 5020110639, National Business Registry Number (REGON) 022395487, with the share capital of PLN 2,005,000,fully paid up; e-mail address: [email protected], contact telephone number: (+48) 422 144 22, 801 002 222 (charge as per standard connection - according to the price list of the relevant operator).
2. The use of the Website requires that the terminal equipment and IT system used by the User meet the Technical Requirements.
3. These Regulations are addressed both to Users who are Consumers, and to Users who are not Consumers, using the Website, Electronic Services or containing a Reservation Agreement (except for section IX of the Regulations, which is addressed only to Users who are not Consumers.)
4. Acceptance of the Regulations is voluntary, but necessary to create an Account or to make a Reservation by a User.
5. Information presented on the Website or, in the event of making a Reservation using other means of distance communication, an electronic message with confirmation of the Reservation referred to in section III paragraph 6 of the Regulations constitute only an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code, addressed by CCC to Users, and not an offer in accordance with the provisions of the Civil Code.
6. Whenever the following capitalized terms are used in the following parts of the Regulations, they should be understood in the following sense unless the context of their use clearly shows otherwise:
a) APPLICATION - software (mobile application) made available to the User by CCC, intended for installation on the mobile device owned by the User and allowing in particular for using the Website without the need to launch an internet browser. The provisions concerning the Application included in the Regulations shall be applied from the moment CCC makes the Application available in online stores with mobile applications indicated in section II paragraph 14 of the Regulations and depending on its further availability;
b) CSO - CCC Customer Service Office which provides Users with information regarding the activity carried out by the Website, including the Products, the Website, Brick and Mortar Store, Regulations and current Promotions, on business days from 9am to 5pm at telephone numbers 422 144 22, 801 002 222, at the e-mail address: [email protected], [email protected] and via the contact form on the Website in the "Contact" tab. The cost of connection with the Customer Service Office - a charge as per standard connection - according to the price list of the relevant operator);
c) CCC - the company CCC S.A. with registered office in Polkowice, 6 Strefowa Street, 59-101 Polkowice (which is also the delivery address), entered into the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Department of National Court Register, KRS number 0000211692, Tax Identification Number (NIP) 6922200609, National Business Registry Number (REGON) 390716905, with share capital PLN 4,116,400, fully paid up; e-mail address: [email protected], contact telephone number: (+48) 42 2144 222 (charge as per standard connection - according to the price list of the relevant operator);
d) CCC CLUB - a CCC loyalty program which specifics and rules are set out in the CCC Club Regulations, available on the Website. CCC Club is organized and managed by CCC to promote and advertise CCC. CCC Club aims to promote and advertise CCC, including increasing popularity, encouraging the purchase of products and using CCC services. No Promotions or other special offers may be combined, unless otherwise provided in the terms of a given Promotion, another special price or product offer;e) PRICE - the amount of remuneration, due to CCC, specified in Polish zlotys or in another currency in the case of the conclusion of a Sales Agreement covering the subject of the Reservation. The price presented on the Website is only indicative, and the Sales Contract applies each time the Price applicable at the time of the Sale Agreement, and not the Reservation Agreement;
f) WORKING DAY - one day from Monday to Friday, excluding public holidays;
g) TRADE WORKING DAY - one day from Monday to Sunday in which a given brick and mortar CCC store is open to customers;
h) PASSWORD - a string of alphanumeric characters, necessary for authorization when accessing the Account, which is specified by the User when creating an Account. Account registration requires the duplication of the Password to enable detection and correction of possible errors. The User is obliged to keep the Password strictly confidential (not disclosed to any third parties). CCC provides the User with the option of changing the Password;
i) USER - (1) a natural person; or a legal person acting by an authorized person (2); or (3) an organizational unit without legal personality, but granted general legal capacity by law; having full capacity to make juridical acts. If the User is a natural person with limited capacity to make juridical acts, he or she obliges to obtain legally effective consent of his legal representative to conclude a Service Provision / Reservation Service Agreement and to provide such consent at any CCC request;
j) CIVIL CODE - the Civil Code of 23.04.1964 (Journal of Laws of 2014, item 121, as amended);
k) CONSUMER - a natural person making a legal transaction with a contractor, not directly related to its business or professional activity;
l) ACCOUNT - Electronic Service; marked with an individual name (Login) and Password provided by the User, a set of resources in the CCC IT system, allowing the User to use additional functionalities/services. The User gains access to the Account by means of Login and Password. The User logs in to his Account after registering on the Website. The account allows to track the status of the Reservation, access to the Reservation history;
m) CART - a service made available to every User who uses the Website, allowing him to easily make a Reservation of one or several Products, display a summary of individual Products and all Products jointly. The Cart collects the Reservations made by the User;n) LOGIN - the User's e-mail address provided as part of the Website when creating the Account;
o) NEWSLETTER - An Electronic Service that enables Users using to receive periodic information from CCC, in particular about Products, Website, including news and promotions, to the e-mail address or phone number provided by the User, with the express consent of the User. The provisions regarding the Newsletter contained in the Regulations shall be applied from the moment of activation of the Newsletter service by CCC.
p) CCC PARTNER - a natural or legal person connected economically, organisationally or in capital manner with CCC;
q) PRODUCT - a movable item available on the Website that is the subject of the Reservation Agreement and then a possible Sale Agreement concluded in the Stationary Store between the User and CCC. All Products presented on the Website are brand-new;
r) PROMOTIONS - specific terms of sale or provision of services, regulated in accordance with the terms expressed on the Website, proposed by CCC at a specified time, which the User may use on the terms specified therein;
s) RULES / AGREEMENT FOR PROVIDING SERVICES - this document specifing the terms of concluding Reservation Agreements and the rules for the provision and use of services provided by CCC via the Website to Users. The Regulations define the rights and obligations of the User and CCC. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18.07.2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended);
t) RESERVATION - User's declaration of will, submitted via the Website or via Customer Service Office, aimed directly at concluding the Reservation Agreement, specifying the type and number of the Product(s) and other content provided for by law and the Regulations. Reservation does not constitute a commitment for the CCC, the User or third parties (including CCC Partners) to conclude a Sales Agreement;
u) WEBSITE- a platform for making Reservations by the User and providing services made available by CCC, maintained by CCC, constituting a set of interconnected websites, available at the Internet address: www.ccc.eu/pl, as well as through the Application;
v) BRICK AND MORTAR STORE - each stationary CCC selling store located on the territory of the Republic of Poland;
w) CONTENT / CONTENTS - text, graphic or multimedia elements (e.g. Product information, Product photos, promotional films, descriptions, comments), including works within the meaning of the Copyright and Related Rights Act and images of natural persons that are posted and distributed as part of the Website respectively by CCC, CCC’s contractors, the User or another person using the Website;
x) RESERVATION AGREEMENT - agreement concluded between CCC and the User, based on which CCC undertakes to ensure the availability of the Product(s) indicated by the User under the submitted Reservation, and the User undertakes to collect the Product(s) at the time and in the Brick and Mortar Store chosen by the User from among presented by CCC during the Reservation from among the Brick and Mortar Stores, in which the Product(s) is / are available at the time of making the Reservation. The Reservation Agreement does not constitute a Sales Agreement, nor does it oblige CCC, the User or third parties (including CCC Partners) to conclude it;
y) SALES AGREEMENT - a sales agreement within the meaning of the Civil Code, concerning the sale by CCC or CCC Partner running the Brick and Mortar Store for the User of the Products indicated in the Reservation Agreement, upon payment of the Price, concluded in the Brick and Mortar Store;
z) ELECTRONIC SERVICE - provision of electronic services within the meaning of the Act of 18.07.2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), by CCC for User via the Website, in accordance with the Service Provision Agreement. To the extent that the services are provided by entities cooperating with CCC, relevant provisions regarding the rules of using these services are included in the regulations regarding the provision of services by these entities;
aa) ACT ON CONSUMER RIGHTS, ACT - the Act of 30.05.2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended);
11. ELECTRONIC SERVICES ON THE WEBSITE AND APPLICATION
1. CCC provides the following Electronic Services to Users free of charge via the Website:
b) enabling Users to make a Reservation and conclude Reservation Agreements on the terms set out in these Regulations;
c) presenting to the Users advertising content tailored to their interests including, depending on the provision by Users of appropriate, voluntary consents, presenting Users with current notifications directly from the level of the web browser (“push notifications”);
d) enabling Users to use the Cart's services;
e) enabling viewing of the Content placed on the Website;
f) Newsletter (depending on its availability);
g) for Users of the Application (the following provisions may apply to current or introduced in the future Electronic Services - the ability to use certain Electronic Services results from the current functionality of the Application) and its availability in online stores with mobile applications indicated in section II paragraph 14 of the Regulations:
h) scanning through the camera and saving barcodes of selected products in order for the User to compare their prices and speed up the search results;
i) presentation of Products on the Website based on the images of selected products uploaded by the User;
j) searching through the geolocation of the CCC Brick and Mortar Store or a specific collection store of the shipment;
k) limitation of the presented Products or Promotion, e.g. to the size indicated by the User (e.g. footwear size) or to the category indicated by the User (e.g. men's / women's / children's Products)
l) presenting current notifications directly on the screen of the mobile device ("push" notification);
m) the possibility of joining CCC CLUB or adding information to the Account about the CCC CLUB membership card referred to in the CCC CLUB regulations; creating lists of favourite or discovered Products.
2. In addition, CCC provides the following services free of charge via the Website to Users who have created an Account:
a) maintaining User's sessions after logging in to the Account (using a browser or Application);
b) storing and making services available to the User through the Reservation History Account.
3. 3. Registration and using the Account is possible after completing the following steps by the User:
a) completing the registration form and accepting the provisions of these Regulations,
b) clicking on the "Register" tab
4. In the registration form, the user must provide the following User data: name and surname, e-mail address, password, telephone number.
5. The Contract on Provision of Services shall be concluded upon the User's receipt of the confirmation of the Contract for Provision of Services sent by CCC to the email address provided by the User during the registration. The account is provided free of charge, for an indefinite period. The User may, at any time and without giving any reason, delete the Account (resignation from the Account) by sending a relevant request to CCC, in particular via e-mail to the following address: [email protected] or in writing to the following address: 6 Strefowa Street, 59-101 Polkowice. Creating an Account is not required to submit a Reservation via the Website.
6. Use of the Cart begins when the User adds the first Product to the Cart.
7. The Cart is provided free of charge and is of one-off nature and ends upon making a Reservation via Cart or when the User stops making a Reservation via the User, in accordance with his will, where the Cart saves information about the Products selected by the User also after completion of the browser or Application session, including after logging out, for a period not longer than 30 days for the browser, and 6 hours for the Application. In the case of using the Cart by Users logged into the Account via the browser, the contents of the Cart are synchronized with the Account that is then launched using the Application (and vice versa).
8. In order to start the Newsletter service, it is required to agree to receive commercial information by the User by providing an e-mail address in the appropriate field on the Website or marking the appropriate checkbox and its confirmation by clicking the activation link sent by CCC on e-mail address provided by the User (the moment of commencement of the Newsletter service delivery). The User may, at his option, agree to receive commercial information from entities cooperating with CCC or to process personal data for marketing purposes of entities cooperating with CCC. The User may also agree to receive the Newsletter via text messages by providing a mobile number and marking the appropriate checkbox as part of the Website.
9. The newsletter is provided free of charge, for an indefinite period (but not earlier than from the moment of activation of the Newsletter service by CCC). The User may, at any time and without giving any reason, unsubscribe from the Newsletter (resignation from the Newsletter), in particular by clicking on the deactivation link in each Newsletter sent to the User in the form of an e-mail or sending a relevant request to the CCC, in particular via e-mail to the following address: [email protected] or in writing to the following address: 6 Strefowa Street, 59-101 Polkowice.
10. The User is obliged in particular to:
a) provide only the real, current and all necessary User data in the Reservation and in the registration forms when creating the Account;
b) immediate update of data, including personal data, provided by the User in connection with the conclusion of the Service Provision Agreement or the Reservation Agreement, in particular to the extent to which it is necessary for their proper performance; the User may change the data entered during the creation of the Account at any time, using the options available under the Account;
c) use of services and functionalities made available by CCC in a way that does not interfere with the operation of CCC, Website or Application;
d) use the services and functionalities made available by CCC in a manner consistent with the provisions of applicable law, provisions of the Regulations, as well as with the customs and rules of social conduct adopted in the given area;
e) use of services and functionalities made available by CCC in a way that is not inconvenient for other Users and for CCC;
f) not provide or transmit any Content prohibited by the provisions of applicable law, in particular Content that infringes the property rights of third parties or their personal rights as part of the Website.;
g) not take actions such as:
- sending or posting on the Website unsolicited commercial information or posting any Content violating the law (prohibition of placing unlawful content);
- undertaking IT activities or any other activities aimed at entering into possession of information not intended for the User, including data of other Users or interference in the rules or technical aspects of the operation of the Website and Application;
- unauthorized modification of the Content provided by CCC, in particular provided on the Website, Prices or descriptions of Products;
h) download the Application only from legal sources enumerated by CCC in paragraph 14 below.
11. Complaints related to the provision of Electronic Services, the Application or the Reservation Agreement can be submitted, for example:
a. in writing to the following address: 6 Strefowa Street, 59-101 Polkowice;
b. in electronic form via e-mail to the following address: [email protected]
12. It is recommended that the User provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) requesting the User and (3) contact details of the complaining party - this shall facilitate and speed up the consideration of the complaint by CCC. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted, omitting the recommended description of the complaint.
13. Responses to complaints by CCC shall take place immediately, not later than within 14 days from the date of its submission.
14. CCC shall allow the User to download the Application for the User's mobile device free of charge from the following online stores with mobile applications:
a. Apple App Store, for mobile devices with the iOS operating system;
b. Google Play, for mobile devices with the Android operating system;
15. Use of the Application downloaded from a source other than those indicated in paragraph 14 above entails the risk of violation of the integrity of the Application and the connection to malicious software, which poses a threat to the security of the User's mobile device and the data stored on it.
16. In order to use the Application, the User should:
a. become acquainted with these Regulations and information about the Application provided as part of the stores referred to in paragraph 14 above and accept them, and
b. download the Application from the store referred to in paragraph 14 above, and
c. install the Application on the User's mobile device, following the instructions displayed after launching the installation process or provided by stores referred to in paragraph 14 above.
17. The application connects to the Website via the Internet.
18. Application’s functionalities are used by CCC to provide Electronic Services in an accessible manner, facilitating the User's use of the Website, including getting familiar with the Content and Products.
19. The application uses technology that stores and gains access to the User's identifier, which allows the Application to run in off-line mode and save the preferences of the user not logged in (which involves access to the memory of the mobile device). The application stores the current User ID until the User’s logging in to the Application, changing the Application website to a Website operating in another country or uninstalling (deleting) the Application from the mobile device.
20. In order to use the functionality of the Application referred to in section II paragraph 1 letter g) above it is necessary to give the User a voluntary consent to the Application's access to the camera or geolocation service on the User's mobile device, the User's voluntary consent to receive “push” notifications or CCC information on User's preferences.
21. The User may at any time revoke the consents referred to in paragraph 20 above or uninstall (remove) Application from your mobile device through the settings of this device.
22. In situations specified in section VII paragraph 7, CCC has the right to temporarily stop or limit the provision of services listed in paragraphs 1 and 2 above. In such situation, the remaining provisions of the Regulations shall apply accordingly. In relations with Entrepreneurs, CCC shall not be liable for temporary lack of access to the Website due to the reasons set out above.
23. CCC shall, each time, inform Users about the suspension or limitation of the provision of services by sending a relevant e-mail message and posting an appropriate message on the Website.
24. Temporary suspension or limitation of the provision of services does not affect the Users' rights resulting from the provisions of applicable law, in particular the right to terminate the Contract for Provision of Services.
III. CONDITIONS FOR CONCLUDING A RESERVATION AGREEMENT
1. CCC allows making Product Reservations in the following way:
a. On the Website;
2. As part of the development of the provided services, CCC may introduce further methods of making Reservations using means of distance communication, on the terms set out in these Regulations.
3. Conclusion of the Reservation Agreement between the User and CCC shall take place after the User has made the Reservation.
4. CCC allows the User to make a Reservation via the Website as follows:
a) a) The User adds a maximum of three selected Products to the Cart and then proceeds to the Reservation form.
b) The User having the Account confirms in the Booking Form the validity of the data necessary to conclude and implement the Reservation Agreement. A User, who does not have an Account, has to fill out the Reservation form himself in terms of his data necessary to conclude and implement the Reservation Agreement. In any case, providing outdated or untrue User data may make it impossible to perform the Agreement. In the Reservation form it is necessary for the User to provide the following data: name and surname of the person receiving the Reservation, e-mail address and phone number of the User as well as data regarding the Reservation Agreement: Product(s), quantity of Product(s), type, colour and size of the Product if available, Brick and Mortar Store where the Product(s) should be picked up (chosen from Brick and Mortar Stores where the Product(s) is/are available at the time of making the Reservation). In the case of Users who are not Consumers, it is also necessary to provide the company’s name.
c) The User sends Reservation to CCC (submits the offer to conclude the Reservation Agreement) using the functionality of the Website made available for this purpose (button: "Order in store"). In the case of a User who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations is required.
d) While making the Reservation, until the "Order in Store" button is pressed, the User has the option of correcting the entered data in the " Cart" by adding or removing a given item from the Cart.
5. In the case of concluding a Reservation Agreement using other means of distance communication:
a) CCC sends an electronic message to the User confirming the content of the proposed Reservation Agreement.
b) the User sends CCC a message with a Reservation to the e-mail address from which the confirmation referred to in paragraph 5 letter a) above was received.
c) in the case of a User who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations by the User is required.
6. After verifying the Reservation, without unreasonable delay, CCC sends to the User an e-mail with a message confirming the acceptance of one or more individual offers of concluding a Reservation Agreement for Products submitted as part of the Reservation and confirmation of the conclusion of the Reservation Agreement (acceptance of the Reservation in terms of Products indicated in the message).
7. The Reservation Agreement is concluded upon confirmation of the above-mentioned offer(s) i.e. the receipt by the User of the message referred to in paragraph 6 above in the scope of the Products indicated therein. CCC sends the User a confirmation of the terms of the Agreement to the e-mail address provided by the Customer.
8. If it is not possible to accept all or some of the reservations placed within the Reservation, CSO will contact the User for the purpose of:
a) informing the User about the impossibility of accepting all reservations made during the Reservation concluding the Reservation Agreement; or
b) confirmation by the User of the will to execute the Reservation in the part in which CCC agreed to accept the offers of concluding the Reservation Agreement. In this case, the User may cancel the entire Reservation (within the scope of all offers), which does not violate his right to withdraw from the contract. Cancelling a Reservation by the User releases CCC from the obligation to perform the Reservation Agreement.
9. If it is not possible to accept offer(s) and enter into the Reservation Agreement submitted as part of the Reservation, the Reservation Agreement in the scope of Products indicated by Customer Service Office is not concluded.
10. Independently, CCC may inform the User about the status of the Reservation by sending messages to the e-mail address provided by the User or by contacting by phone.
11. CCC strives to ensure the availability of all Products and the implementation of the Reservation Agreement. In the event of inability to provide and in other situations determined by law, the relevant provisions of the Civil Code, including article 493-495 of the Civil Code may apply.
12. The Reservation Agreement is valid from the confirmation of the Reservation until the end of the next Business Day for the selected CCC store (depending on the opening days of the selected Brick and Mortar Store), counting from the confirmation of the Reservation. During the term of the Reservation Agreement, the User and CCC may conclude a Sales Agreement for the Product covered by the Reservation Agreement in the Brick and Mortar Store (indicated in the confirmation of the Reservation). The list of Brick and Mortar Stores is available at: https://ccc.eu/pl/sklepy. At any given time, a maximum of two Reservation Agreements may apply to a given User.
13. The Sales Agreement in the Brick and Mortar Store may be concluded despite the expiry of the Reservation Agreement. The above-mentioned possibility depends on the availability of a given Product(s) in a given Brick and Mortar Store.
14. The basis for collecting the Product under the Reservation Agreement in the Brick and Mortar Store is the Reservation number indicated in the e-mail message referred to in the paragraph 6 above.
15. The User may withdraw from the Reservation Agreement at any time (cancel the Reservation), in particular by:
a) sending an e-mail to [email protected], in the content of which the User indicates the Reservation number to be cancelled or
b) telephone contact with Customer Service Office at no. +48 422 144 222 or +48 801 002 222.
16. The Reservation Agreement does not constitute an obligation of CCC or any of CCC's Partners to conclude a Sales Agreement in the Brick and Mortar Store. In the case of the conclusion of a Sales Agreement, the User is obliged to pay the Price valid in the Brick and Mortar Store at the time of concluding the Sales Agreement. Payment of the Price takes place in the Brick and Mortar Store using the payment method available. The User cannot pay the Price via the Website.
17. The Sales Agreement concluded in the Brick and Mortar Store is not a distance or off-premises contract within the meaning of the Act of 30.05.2014 on consumer rights. The User is not entitled to withdraw from the Sales Agreement provided for in the above-mentioned Act.
18. Any returns and complaints about the Products are considered in accordance with the rules applicable in the Brick and Mortar Store, in which the Sales Agreement was concluded.
19. Promotions effective on the Website are cannot be combined unless the provisions of the Promotion expressly provide otherwise.
IV. NON-JUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
1. The use of non-judicial means dealing with complaints and seeking redress is voluntary. The following provisions are for information purposes only and do not constitute an obligation for CCC to use extrajudicial dispute resolution. CCC's declaration of consent or refusal to participate in the proceedings for extrajudicial resolution of consumer disputes shall be submitted by CCC on paper or other durable medium in the event that, following a complaint lodged by the Consumer, the dispute has not been resolved.
2. The rules for conducting proceedings regarding extrajudicial resolution of consumer disputes and the obligations of entrepreneurs in this regard are specified separately in law (in particular in the Act of 23.09.2016 on out-of-court resolution of consumer disputes, Journal of Laws 2016, item 1823) or in regulations applied by relevant entities in the field of resolving consumer disputes. Detailed informationconsidering the ability of the User who is a Consumer to use the out-of-court complaint and enforcement as well as the access rules to these procedures may be available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, in particular also at the following Internet address of the Office of Competition and Consumer Protection (UOKiK) https://www.uokik.gov.pl/pozasadowerozwiązywaniesporowkonsumenckich.php. The President of the Office of Competition and Consumer Protection keeps a public register of entities authorized to conduct proceedings considering out-of-court resolution of consumer disputes.
3. The User who is a Consumer has the following exemplary possibilities of using non-judicial means of dealing with complaints and pursuing claims:
a) the User is entitled to request to the permanent amicable consumer court, referred to in article 37 of the Act of 15.12.2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to settle the dispute arising from the concluded Service Provision Agreement or Reservation Agreement,
b) the User is entitled to apply to the voivodship inspector of the Trade Inspection, pursuant to art. 36 of the Act of 15.12.2000 on the Trade Inspection (Journal of Laws of 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the out-of-court resolution of a dispute between the User and CCC.
c) the User may obtain free assistance regarding the settlement of the dispute between the User and CCC, also using the free help of the county (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers)
d) the User may file a complaint via the ODR internet platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers.
1. Exclusive rights to Content provided / posted on the Website by CCC or its contractors, in particular copyrights, the name of the Website (trademark), graphic elements included in it, software (including the Application) and rights in the field of databases data are protected by law and are vested with CCC or entities with whom CCC has concluded relevant agreements. The user is entitled to use the above-mentioned Content, including the Application, free of charge, as well as the use of Content posted in accordance with the law and already disseminated by other Users on the Website, but only for personal use and only for the purpose of the correct use of the Website worldwide. The use of the Content, including the Application, in a different scope is allowed only on the basis of express prior consent, granted by the authorized entity in writing, otherwise being null and void.
2. The User, placing on the Website (including via the Application) any Content, in particular graphics, comments, opinions or statements on the Account or elsewhere on the Website, hereby grants to CCC a non-exclusive, royalty-free licence to use, record on the computer's memory changing, deleting, supplementing, public performance, public display, reproduction and dissemination (in particular on the Internet) of these Content, all over the world. This right includes the right to grant sub-licenses in the scope justified by the implementation of the Reservation Agreement or Service Provision Agreement (including the functioning and development of the Website), as well as the authorization to exercise independently or with the aid of third parties derivative rights in the scope of development, customization, processing and translation a work within the meaning of the Act on Copyright and Related Rights of 04.02.1994. To the extent that the User is not entitled to grant the licences referred to in this paragraph 2, the User undertakes to obtain such appropriate licences for CCC.
3. Regardless the above provisions, the Application is subject to the proprietary rights of CCC. Upon the installation of the Application on the User's mobile device, CCC grants the User a non-exclusive licence to use the Application, including the reproduction of the Application only in connection with its downloading to the mobile device, installation and launch of the Application on the User's mobile device. The User may install Applications on any number of User's mobile devices, however, it is allowed to install only one copy of the Application on one mobile device.
4. The User is not entitled in particular to translate, adapt, change the layout or make any other changes to the Application, including its source code, except for situations permitted by law, the User is not entitled to use the Application for commercial purposes.
V. PERSONAL DATA PROTECTION
1. The User's personal data is processed by CCC as the personal data controller.
2. Providing personal data by the User is voluntary but necessary to create an Account, use certain Electronic Services or enter into a Reservation Agreement.
3. CCC shall apply appropriate technical and organizational actions to ensure protection of personal data being processed.
5. As a rule, depending on the use of specific functionalities, the User has the right to lodge a complaint with the competent authority for the protection of personal data, the right to object, the right to access his personal data, request for rectification, deletion, limitation of processing and data transfer.
VII. TERMINATION OF A CONTRACT FOR PROVIDING SERVICES AND CHANGING THE REGULATIONS
1. CCC may at any time terminate the Contract for Provision of Services or any licence agreement granted under section V of the Regulations with the User for one month's notice on important reasons, understood as (closed catalogue):
a. change in the legal provisions regulating the provision of electronic services by CCC affecting the mutual rights and obligations set out in the agreement concluded between the User and CCC or a change in the interpretation of the above provisions as a result of court decisions, ordinary decisions, recommendations or recommendations appropriate to the given area of offices or bodies;
b. change in the manner of providing services solely due to technical or technological reasons (in particular, the updating of technical requirements indicated in these Regulations);
c. change of the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modification or withdrawal by CCC of existing functionalities or services covered by the Regulations.
2. CCC's statement to the extent specified in paragraph 1 above sends to the e-mail address provided by the User during the creation of the Account or making a Reservation, and in the event that CCC does not have the User's e-mail address - as part of notifications in the Application.
3. CCC may terminate the Agreement for the Provision of Services or any licence agreement granted pursuant to section V of the Regulations for a seven-day period of notice or refuse further rights to use the Website (including through the Application) and make a Reservation, as well as limit its access to some or all of the Content, for important reasons, i.e. in the case of a gross violation of these Regulations by the User, i.e. in situations where the User (closed catalogue) violates the provisions of section II, item 10 letter a, c, d, e, f, g, h of the Regulations.
4. CCC reserves the right to terminate the Contract for Provision of Services (and consequently delete the Account) in the event that the User Account remains inactive for a period of at least 3 years.
5. The user to whom the provisions of paragraph 3 above were applied, may use the Website after prior contact with CCC (through Customer Service Office) and obtain CCC consent for further use of the Website.
6. Regulations and attachments to the Regulations constitute a model contract within the meaning of art. 384 § 1 of the Civil Code.
7. CCC may amend these Regulations (except for section VIII of the Regulations, which applies to Users who are not Consumers and may be changed at any time on the basis of generally applicable laws) in the event of at least one of the following important reasons (closed catalogue):
a) change of legal provisions regulating the sale of Products or provision of electronic services by CCC affecting the mutual rights and obligations set out in the contract concluded between the User and CCC or a change in the interpretation of the above provisions as a result of court decisions, decisions, recommendations or recommendations appropriate to the given office or bodies;
b) change in the manner of providing services solely due to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
c) change in the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modification or withdrawal by CCC of existing functionalities or services covered by the Regulations.
8. In case of making amendments to the Regulations, CCC shall provide a consolidated text of the Regulations by publishing on the Website and by means of a message sent to the e-mail address provided during conclusion of the Agreement for Providing Services by the User, which the Parties consider to be information about the change to the centre electronic communication in such a way that the User can become familiar with its contents. If CCC does not have the User's e-mail address - the message about the change in the Regulations shall be provided to the User as part of the Application's notifications.
9. The amendment to the Regulations comes into force after 14 days from the date of sending information about the change. In the case of Users who have entered into an Agreement for Provision of Services, i.e. having an Account, they have the right to terminate the Service Provision Agreement within 14 days from the date of notifying them of the change in the Regulations. The amendment to the Regulations is irrelevant to the Agreements for Provision of Services, Reservation Agreements and Sale Agreements concluded by the User and CCC prior to the amendment of the Regulations.
VIII. PROVISIONS REGARDING USERS WHO ARE NOT CONSUMERS
1. This section of the Regulations and the provisions contained herein apply only to Users who are not Consumers.
2. In the case of Users who are not Consumers, CCC may terminate the Agreement for Provision of Services or any licence agreement granted on the basis of section V of the Regulations with immediate effect and without indicating reasons by sending a relevant statement to the User in any form.
3. Neither CCC nor its employees, authorized representatives and proxies shall be liable to the User, his subcontractors, employees, authorized representatives or proxies for any damage, including loss of profits, unless the damage was caused intentionally by them.
4. In each case of determining the liability of CCC, its employees, authorized representatives or proxies, this liability in relation to the User who is not a Consumer, regardless of its legal basis, is limited within a single claim up to PLN 1,000 (one thousand).
5. Any disputes arising between CCC and a User who is not a Consumer shall be subject to a court jurisdiction appropriate to registered office of CCC.
6. In relation to Users who are not Consumers, CCC may change the Regulations at any time on the basis of generally applicable provisions of law.
IX. FINAL PROVISIONS
1. The Regulations shall apply from 25.06.2018.
2. Agreements concluded by CCC are concluded in Polish.
3. Consolidation, security and access to essential provisions of the concluded Service Provision Agreement shall be effected by sending an e-mail to the e-mail address provided by the User.
4. CCC provides technical and organizational measures appropriate to the degree of threat to the security of functionalities or services provided on the basis of the Agreement for Provision of Services. Use of Electronic Services is associated with typical risks related to the transmission of data via the Internet, such as their distribution, loss or access to them by unauthorized persons.
5. The content of the Regulations is available to Users free of charge at the following URL address: ccc.eu/en/regulamin, from where Users may at any time view and print it, as well as within the Application.
6. 6. CCC informs that the use of the Website via a web browser or Application, including the submission of Reservations, as well as establishing a telephone connection to Customer Service Office, may be connected with the need to incur costs of connection to the Internet (data transfer fee) or connection costs by phone, in accordance with the tariff package of the service provider used by the User.
7. For matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of 18.07.2002 (Journal of Laws of 2002 No. 144, item 1204, as amended) and other relevant provisions of generally applicable law.
8. The choice of Polish law on the basis of these Regulations does not deprive the Consumer of protection granted to him on the basis of regulations that cannot be excluded by an agreement between CCC and the Consumer, under the law, which in accordance with the relevant regulations would be appropriate in the absence of choice.