1. Regulations – these Regulations along with appendices, defining in particular the rules for placing Orders, concluding and performing Agreements. All appendices constitute an integral part of the Regulations. With regard to the services provided electronically, the Regulations and appendices, constitute, respectively, the regulations defined in Article 8 of the [Polish] Act on the provision of services electronically (Dz.U. [Polish Journal of Laws] 2020.344 i.e. of 03 March 2020, as amended).
2. Lessor or Service Provider – Bergerat Monnoyeur spółka z ograniczoną odpowiedzialnością with its registered office in Izabelin-Dziekanówek, at ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki, Poland, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 11th Commercial Division of the National Court Register, under KRS number: 0000021439, NIP (Tax Identification Number): 7780022310, REGON (National Business Registry Number): 0120227940, share capital of PLN 9,922,750.00,
3. Website – a website operated by the Lessor available at www.bm-rent.pl through which, among other things, Services are provided, Orders are placed and Distance Agreements are concluded, which are specified in the Regulations.
4. Distance Agreement – an agreement concluded within an organised system for the conclusion of distance agreements without simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until and including the conclusion of the agreement.
5. User – a natural person, legal person, or an organisational unit without legal personality using the functionalities of the Website.
6. Consumer – User being a natural person performing a legal transaction with the Lessor/Service Provider for a purpose not directly related to their business or professional activity, in particular concluding an Agreement via the Website.
7. Entrepreneur – a natural person conducting business activity, a civil law partnership or a legal person, and an organisational unit without legal personality to which legal capacity is granted under an Act, which is not a Consumer.
8. Registration – a process consisting in creating an Account on the Website by the User.
9. Registration Form – a technical system located on the Website that allows the User to open an Account by filling in the available form fields.
10. Account – an individual administrative panel available to the Customer after Registration and logging in with a login and password, containing a set of data about the Customer, including Orders placed thereby and concluded Agreements, which allows the Customer to place Orders and conclude Agreements on the principles defined in the Regulations.
11. Basket – a functionality enabling the Customer to manage Devices, Accessories, or Additional Services in the course of placing the Order.
12. Devices – equipment and machines advertised on the Website, which may be ordered by the Customer by placing an Order.
13. Accessories – additional devices or parts to the Devices which facilitate their use and allow their adaptation to the Customer's needs, which may be ordered by the Customer together with the Devices by placing an Order.
14. Additional Services – additional facilities which can be used while ordering a specific Device, facilitating its use and allowing its adaptation to the needs of the Customer who placed the Order.
16. Order – an offer to conclude a lease agreement submitted to the Lessor by the Customer via the Website.
17. Customer – Entrepreneur or natural person having an active account on the Website.
18. Order Confirmation – information on the acceptance of the Order for execution sent by the Lessor to the Customer.
19. Agreement – a lease agreement concluded between the Lessor and the Lessee, on the basis of which, under the terms and conditions set out in the Order Confirmation and Regulations, the Lessor shall provide the Lessee with the Machine to be used thereby for the Lease Term indicated in this Agreement, and the Lessee undertakes to pay the rent and other agreed fees.
20. Party – the Parties to the Agreement shall be the Lessor and the Lessee. The Parties to the Agreement shall be jointly understood as the Lessor and the Lessee.
21. Lessee – Customer who concluded the Agreement with the Lessor. A Lessee may be an Entrepreneur or Consumer.
22. Machines – Devices and Accessories specified in the Order Confirmation, which the Lessor undertakes to hand over to the Lessee for use under the Agreement, and for which the Lessee undertakes to pay the Rent for Lease and additional fees.
23. Lease Term – a period agreed upon between the Parties and specified in the Agreement between the agreed upon release of the Machines by the Lessor to the Lessee and their return to the former.
24. Place of Use – location indicated by the Customer in the placed Order, where the Customer shall use the Machine.
25. Branch – a place where the Lessor conducts business activity where the Devices and Accessories presented on the Website are stored.
26. Suspension of the Account – depriving the Lessee of the possibility of placing Orders via the Website.
27. PayU – PayU S.A. with its registered office in Poznań, 60-166 Poznań, Poland, at ul. Grunwaldzka 186, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000274399, Tax Identification Number (NIP) 779-23-08-495, with a fully paid-up share capital of PLN 4,944,000.
28. Service User – a User who uses the sites made available as part of the Website.
II. GENERAL PROVISIONS
1. The Owner of the Website shall be Bergerat Monnoyeur spółka z ograniczoną odpowiedzialnością with its registered office in Izabelin-Dziekanówek, at ul. Modlińska 11, Izabelin-Dziekanówek, 05- 092 Łomianki, Poland, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 11th Commercial Division of the National Court Register, under KRS number: 0000021439, NIP (Tax Identification Number): 7780022310, REGON (National Business Registry Number): 0120227940, share capital of PLN 9,922,750.00, The Regulations shall be prepared in the Polish language.
2. To ensure security of messages and data transferred at the Store, the Lessor shall use technical and organisational measures appropriate to the degree of hazard in regards to personal data sent via the Internet, including means to prevent obtaining, and modifying it by unauthorised persons.
The Seller shall ensure security of data transmissions in the Store, by using the SSL (SecureSocketLayer) protocol.
3. The Regulations shall be made available free of charge at www.bm-rent.pl in a form allowing for them to be obtained, saved, and printed. Each User may familiarise themselves with the content of these Regulations.
4. The contents of the Regulations shall be an integral part of the Agreement concluded between the Lessor and Lessee. The content of the Regulations shall be recorded and made available to the Lessee on a durable medium in accordance with the provisions of applicable laws, in order to guarantee the Lessee, the possibility to refer to it as the need arises.
5. At the latest, at the moment the Customer expresses the will to conclude the Agreement (by placing an Order), the Lessor shall provide them with information via the Website concerning the main characteristics of Devices, Accessories, Additional Services, information on Devices, Accessories, Additional Services on offer - their detailed description indicating their main features displayed immediately below and next to each Device, Accessory, Additional Service shown on the Website.
6. If a Party to the Agreement is a Consumer, the Lessor shall confirm the conclusion and terms and conditions of the Agreement on a durable medium before the delivery of the Machines.
7. Should any discrepancies or differences arise between the content of the Regulations and individual arrangements between the Lessee and the Lessor, the individual determinations between the two shall be binding.
8. Information concerning Devices, Accessories, and Additional Services presented on the Website, including in particular their prices, shall not constitute an offer within the meaning of the [Polish] Civil Code and shall be deemed as an invitation to tender (Article 71 of the [Polish] Civil Code).
9. All Devices and Accessories leased by the Lessor shall be free from physical and legal defects and have been legally introduced on the Polish market. This information shall be equivalent to the obligation of the Lessor to provide the Lessee with products without physical nor legal defects.
10. The User, including the Lessee, shall have the right to contact the Company:
10.1. ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki, Poland.
10.2. via e-mail to the following address: email@example.com
11. The User may view Devices, Accessories, and related Services presented on the Website without the need to create an Account.
12. In case of a dispute with the Seller, the Consumer shall have the option to settle the matter amiably by:
12.1. addressing the permanent consumer arbitration court,
12.3. addressing the Voivodeship Inspector of the Trade Inspection,
12.4. applying for free-of-charge assistance in resolving the dispute from the Consumer Federation [Federacja Konsumentów] by calling the free consumer hotline at 800-007-707.
12.5. using out-of-court means of complaint handling and pursuing claims also via the ODR platform; in accordance with Art. 14, par. 1-2 of Regulation (Eu) no. 524/2013 of the European Parliament and of the Council of 21 May 2013, consumers may take advantage of out-of-court path of resolving conflicts connected with an sales or service agreement concluded via the Internet; a European ODR platform is an interactive website through which a Consumer may submit their complain; the link to the ODR platform shall be https://ec.europa.eu/consumers/odr.
1. Registration on the Website is voluntary and free of charge.
2. Only a User who has reached the age of majority and has full capacity to perform acts in law may register on the Website. Entrepreneur’s Registration on the Website may only be performed by a person authorised to represent them or holding a relevant power of attorney.
3. Two types of Registration Form are available on the Website: one intended for a person wishing to use the Account as a Consumer and one for an Entrepreneur.
4. In order to correctly fill in the Registration Form intended for a natural person, the User shall provide the following data (data marked with an asterisk): first name, last name, e-mail address, password, telephone number.
5. In order to correctly fill out the Registration Form intended for an Entrepreneur, the User being an Entrepreneur shall provide the following data (data marked with the asterisk): first name and last name of the User performing the Registration on behalf of the Entrepreneur, name of the enterprise/company, organisational form of the enterprise, e-mail address, password, telephone number, Tax Identification Number (NIP).
6. When filling out the Registration Form, the User may also provide additional data, e.g. additional phone number, branch, preferred activity, type of conducted activity, additional information on the location. A User being an Entrepreneur may additionally provide a fax number. The provision of this data is voluntary.
7. In order to Register on the Platform, the User is obliged to:
7.1. fill in the Registration Form by providing data marked as mandatory,
7.3. click the “Create Account” icon,
7.4. confirm the registration by clicking the activation link in the e-mail message sent to the address indicated by the User in the Registration Form.
8. In the e-mail message referred to in par. 7.4 above, the User shall receive a login and password enabling them to log in to the Account and shall also be informed about the terms and conditions of execution of the first Order placed via the Website, i.e. the obligation to personally collect the Machines at the Branch indicated in the Agreement by an authorised person (e.g. on the basis of a power of attorney), to pay the amount specified in the Order before the handover of the Machines, and the obligation to have the Machines delivered by the Lessor to the place indicated by the Lessee.
9. Sending the Registration Form by the User shall mean that the User submits a statement that the data contained therein is true.
10. The User conducting the Registration of an Entrepreneur declares that they have the required authorisation (e.g. they are a person authorised to represent the Entrepreneur, or hold a relevant power of attorney) to perform this activity.
IV. USING THE ACCOUNT
1. Within 48 hours from creating an Account, the Service Provider shall verify whether the Customer is entered in the National Debt Register [Krajowy Rejestr Długów]. If the Customer has not been entered in the National Debt Register, the Service Provider shall activate the Account and enable the Customer to place Orders and conclude Agreements. In cases where the Customer is entered in the National Debt Register, the Lessor shall inform the Customer that there is no possibility for them to place Orders or conclude Agreements.
2. Using the Account shall be possible after logging in to it by providing a login and password.
3. As part of using the Account, the User may add credit card data in their panel (card number, expiry date, first and last name of the owner and card control number) in order to facilitate the execution of the payment process for costs indicated in the placed Order.
4. The User shall immediately inform the Service Provider about any change in their personal data.
5. The Company reserves the right to verify the data provided in the Registration Form by the User in order to determine whether the data provided by the User in the Registration process is true and up-to-date. The User shall cooperate with the Service Provider in connection with the ongoing
verification process, in particular by enabling the User to conduct it and provide any additional information and explanations.
6. If the User provides false or incomplete data, the Service Provider shall have the right to suspend the operation of the Account. The User shall be informed about such actions by e-mail. The Lessor may condition the renewal of the Account on the User taking action aimed at clarifying the situation or deleting untrue data. Should the aforementioned data be found to be untrue after the conclusion of an Agreement based on untrue data and should the Lessee using the Account fail to provide explanations or delete untrue data at the request of the Lessor, the Lessor shall also have the right to terminate the Agreement with immediate effect.
7. The User shall be obliged to keep their data required to log in to their Account confidential and not disclose it to any third parties.
V. ORDER PLACEMENT PROCEDURE
1. Only a Customer with an active Account may place Orders via the Website.
2. The Lessee may place Orders via the Website 24 hours a day, 7 days a week. However, this service may be unavailable to Lessees during periodic maintenance of the Website and in the event of its failure, of which the Users shall be informed via a message displayed on the Website.
3. Orders shall be placed by filling out the Order Form, i.e.:
3.1. adding the Devices that the Lessee wants to rent to the Basket, indicating the lease period, and clicking the “Lease” button (the Lessee may also add Accessories and Additional Services to the Basket, if they want to use them by clicking the “Add” icon, and clicking the “Continue” icon,
3.2. logging into the Account (unless the Lessee logged in earlier),
3.3. indicating the Place of Use, manner of delivery and return of the Devices and Accessories by using the “Delivery and Collection”, “Delivery”, or “Collection” option (the User shall be informed on the costs of delivery and return of the Devices and Accessories, which, after clicking the “Add to Basket” option, will be added to the Rent for Lease), and clicking “Continue”,
3.4. indicating the payment method (card payments, bank transfers via PayU, payments at the Branch at time of Collection).
3.5. accepting the contents of the Regulations and the Privacy and Cookie Policies,
3.6. clicking the “Order and Pay” button. Clicking on this button shall entail payment obligation on part of the Customer.
4. A Customer who places an Order may, optionally, include remarks pertaining to the Order by typing them out in the appropriate space.
5. Adding a Device, Accessories, or Additional Service to the Basket shall not be tantamount to placing an Order. Devices, Accessories, and Services may be freely added to or removed from the Basket.
6. An order placed by the Customer shall be treated by the Lessor as a binding offer to conclude a Distance Lease Agreement on the terms and conditions specified in the Order and these Regulations. The Customer shall not have the right to cancel a placed Order.
7. After the Customer correctly places an Order, the Lessor shall send the Order Confirmation to the Customer's e-mail address. The moment Order Confirmation is received shall be the moment of conclusion of an Agreement.
8. Recording, securing, disclosing, and confirming material provisions of the Agreement shall be effected by sending Order Confirmation and appendices in the form of these Regulations, including instruction on the right to withdraw from the Agreement, and a template Form of Withdrawal from the Agreement.
9. If card payment or bank transfer via PayU is selected, the Lessee shall, after making the payment, receive a VAT invoice along with Order Confirmation. If payment at the Branch is selected, the VAT invoice shall be issued at the time the payment is made.
10. The User may submit an inquiry concerning the Devices available on demand. In such a case, the User shall send an inquiry to the Lessor via the Contact Form.
VI. ADDITIONAL SERVICES
1. By placing an Order, the Customer, apart from selecting the Devices and Accessories (if available for a given Device), may use Additional Services, such as:
1.1. Returning the Device without Refuelling - in the case of using this option, the Lessee may return the Device without refuelling it and will not be charged with an additional fee because of that (except for the cost of this Additional Service),
1.2. Cleaning the Devices by the Lessor After Their Return - the Lessee may return a dirty Device and shall not be charged with an additional fee for cleaning it by the Company (except for the cost of this Additional Service),
1.3. Additional Insurance - terms and conditions of additional insurance constitute Appendix no. 1 to the Regulations.
2. The costs of Additional Services specified in par. 1 above shall not be included in the Rent for Lease, and its amount shall depend on the type of Device. Prior to placing the Order, the Customer shall each time be informed about the cost of Additional Services.
VII. PRICES, METHODS, AND EXECUTION OF PAYMENTS
1. Prices constituting the Rent for Lease of the Devices and Accessories, as well as prices constituting the price of Additional Services published on the Website shall be stated in PLN and be gross prices (i.e. they shall include any and all components such as taxes, including the goods and services tax in the binding amount); however, they shall not include the costs of delivery and return of the Devices and Accessories, Additional Insurance, and the costs of Additional Services.
2. The Rent for Lease shall be charged for each day separately and its final amount shall depend on the Lese Term indicated by the Customer in the Order.
3. For Devices equipped with an hours of operation meter, the Rent for Lease shall include 8 hours of operation of the Device per 1 calendar day, provided that the first calendar day of the Lease Term shall commence on 9:00 am and the last calendar day of the Lease Term shall end at 5:00 pm.
4. The final amount to be paid for a submitted Order shall be comprised of the following items: Rent for Lease charged for the Lease Term and if the Customer uses these Services - costs of delivery and return of the Machines, costs of Additional Services.
5. During the Order placement process, as well directly before and at the moment of its confirmation, the Customer shall be informed on the total amount of the Rent for Lease of Devices and Accessories as well as additional fees, including fees for delivery, providing Additional Services selected by the Lessee etc.
6. Payment of the amount indicated in the Order shall be made in a manner selected at the time of placing the Order.
7. The Lessor enables the following payment methods:
7.1. Payment at the Branch when the Devices and Accessories are released,
7.2. Payment card,
7.3. Bank transfer – a form of payment handled by PayU.
8. If the first Order is placed via the Website, the Customer may only choose payment with a payment card or a bank transfer executed via PayU.
9. If the payment card is selected, the Customer, in order to make the payment, shall provide the following data: card number, expiry date, first and last name of the owner, and card control number. The payment card shall be charged at the moment of Order Confirmation by the Lessor. The credit card payment system shall be handled by PayU.
10. If online payment is selected (via PayU), the payment order needs to be executed directly after placing the Order, at the latest however, within 1 calendar day (including Saturdays, Sundays, and statutory holidays within the meaning of the Act on Statutory Holidays - (Dz.U. [Polish Journal of Laws] 1951, no. 4, item 28 as amended), after the day on which the Customer placed the Order. If the payment is not received on the Lessor's account or that of entities acting as intermediaries in the transaction (PayU), the Order shall be cancelled upon prior notification to the Customer. In such a case, the Customer should place a new Order.
11. By accepting these Regulations, the Customer shall consent to the use of electronic invoices in regard to the Customer, including sending them via email to the relevant address and uploading them to the Account panel.
1. The Customer shall be informed about possible ways of delivery and collecting the Devices and Accessories and their costs via the Order Form.
2. Devices and Accessories shall be delivered and returned in the manner indicated by the Customer in the Order.
3. The Lessor enables the following methods for releasing the Devices and Accessories:
3.1. “Delivery and Collection” - Devices and Accessories shall be delivered from the Branch to the Place of Use indicated in the Order, by a transport company, and after expiry of the Lease Term, they shall be collected from the Place of Use by a transport company.
3.2. “Delivery” - Devices and Accessories shall be delivered from the Branch to the Place of Use indicated in the Order, by a transport company, and after expiry of the Lease Term, the Lessee shall return the Devices and Accessories to the Branch on their own and at their own expense.
3.3. “Collections” - upon commencement of the Lease Term, the Lessee shall, on their own and at their own expense, collect the Devices and Machines from the Lessor’s Branch, and upon expiry of the Lease Term, the Devices and Accessories shall be collected from the Place of Use and transferred to the Lessor by a transport company.
4. The Lessee shall bear the costs of Delivery and Collection of the Machines carried out by the transport company.
5. The amount of the costs of Delivery and Collection shall be calculated each time when placing the Order and depend on the distance between the Place of Use and the Branch.
1. The Lessor shall be liable to the Lessee for physical or legal defects of the Machines (warranty), in accordance with the principles set out in the [Polish] Civil Code.
2. If the Machines had defects that limit their usefulness for the agreed purpose, the Lessee may demand that the Rent be reduced accordingly for the duration of the defects.
3. The Lessee shall not be entitled to claim a reduction in the Rent for Lease due to defects in the leased Machines, nor have the right to immediately terminate the Agreement, if at the time of conclusion of the Agreement the Lessee was aware of the defects.
4. Under the statutory warranty, the Lessee shall have the right to file a complaint.
5. The complaint may be submitted in writing to the address for service of the Lessor or via e-mail: bm- firstname.lastname@example.org
X. TECHNICAL REQUIREMENTS
1. To use the Website, it is recommended to meet the following technical requirements in terms of interoperability with the ICT system:
a) terminal device with Internet access and web browser, e.g. Internet Explorer, Chrome, Mozilla Firefox, Opera, Safari,
b) in case of placing Orders and Registration having access to e-mail is necessary,
d) installed FlashPlayer.
XI. PROVISION OF SERVICES ELECTRONICALLY
1. The Service Provider provides the following Services Electronically via the Website (hereinafter: “Services”).
1.1. setting up and keeping the Account on the Website,
1.2. enabling the placement of an Order via the Order Form.
1.4. Contact Form.
2. Providing Services electronically to the Service User being the User, sans a Service consisting in enabling an Order to be placed via the Order Form, which can be used by the Customer.
3. The provision of Services Provided Electronically by the Service Provider shall be free of charge.
4. After confirming setting up the Account by clicking the activation link, an agreement for the provision of services electronically is concluded between the Service Provider and the User, concerning the use of the Account. This agreement shall be concluded for an indefinite period.
5. The User may, at any time and without providing any reasons, delete the Account from the Website by using the “Delete Account” option available after logging in to the Account. The Account may also be deleted by sending a relevant request to the Service Provider, in particular via email or in writing to the Service Provider's registered office which shall include the email address used in the Registration process. In such a case, the Service Provider shall delete the Account immediately after receiving such a request.
6. The Service Provider shall have the right to terminate the agreement for providing Account Services with a 3-day notice only for important reasons such as the User consistently breaching their obligations defined in this Chapter if the Service Provider has previously called the User to cease said breach and set an additional 3-day deadline and the User failed to comply despite that deadline expiring.
7. The Service provider may submit the declaration on terminating the Account Service Agreement to the User’s email address provided by the User.
8. The result of expiry of the Account Service Agreement shall be blocking and deleting the User’s Account, however it does not influence the rights accrued by the User prior to expiry of the Agreement.
10. After providing their first and last name, email address and, voluntarily, the content of the message, the Service User may use the Contact Form through which they may contact the Service Provider free of charge. Concluding the Electronic Service Agreement shall, in such a case, be effected by providing the data indicated in the Contact Form as mandatory, accepting the contents of the Regulations and the Privacy and Cookies Policies, and clicking “Send”.
11. The Electronic Service Agreement as part of use of a specific form (Order Form and Contact Form) shall be concluded at the moment the User uses said form. The Electronic Service Agreement shall be terminated automatically each time after the User has used the specific form.
12. The User shall use the Website in a manner consistent with the law and good practices, respecting personal rights and intellectual property rights of third parties. The User may not upload illegal content to the Website.
13. The Service User may file complaints related to the provision of Services electronically via the Website by sending an e-mail to the following address: email@example.com or in writing to: ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki, Poland. The Service Provider shall handle complaints without delay, but in any case not later than within 14 days from the day on which the complaint was filed. The complaint shall include the data of the person filing the complaint, necessary to send information on the outcome of the complaint handling process, a description of the irregularity in the Services Provided Electronically, and what are the expectations towards complaint settlement. The Service Provider shall respond to the Complaint to the e-mail address provided by the Service User or in another manner agreed by the Parties. The Service Provider shall communicate the result of the complaint handling process in writing or via email to the address provided in the notification
14. It shall be forbidden to use the Website in an unlawful manner disrupting its operation, in particular by using software or devices and sending or placing commercial information that has not been ordered on the Website.
15. The Service Provider shall have the right to block access to the Website or a part thereof for important reasons, including in particular if irregularities are found in the way the Website is used, or if circumstances arise that could expose the Service Provider or Service User to damage.
16. Fulfilling the obligation defined in Art. 6 (1) of the Act of 18 July 2002 on the Electronic Provision of Services (Dz. U. [Polish Journal of Laws] of 2002, no. 144, item 1204, as amended), the Service Provider hereby informs that making use of the Services is connected with transmitting data via the Internet, and for this reason, it bears a risk unique to this network.
1. In order to use the Newsletter Service, Internet access and an active e-mail address are necessary, however it is not necessary to meet specific technical requirements apart from the possession of a standard operating system and a standard web browser.
2. The Newsletter Service consists in the Service Provider sending messages containing information about the offer (including information about promotions) of the Website by the Service Provider to the e-mail address.
3. Commencement of the Newsletter Service shall take place after the conclusion of the Newsletter Service Agreement, which shall be concluded by the User providing their e-mail address, accepting the Regulations and the Privacy and Cookies Policies, and clicking the “Subscribe” button. Clicking the selected button will result in sending the activation link to the e-mail address provided by the User. Clicking on the link activates the provision of the Newsletter Service.
4. The Newsletter Service shall be free of charge.
5. The Newsletter Service Agreement shall be concluded for an indefinite period.
6. The User who uses the service shall have the right to terminate the Newsletter Service Agreement. The termination shall be effective immediately. The termination shall be effected by sending a statement in this regard to the e-mail address firstname.lastname@example.org, by post to the Service Provider's address indicated in the Regulations, or by means of a link enabling cancellation of the Newsletter subscription contained in the e-mail in which it is sent.
7. The Service Provider may suspend or terminate the provision of the Newsletter Service upon prior notification of the Users to the provided e-mail addresses.
8. The Service Provider shall have the right to delete an incorrect or non-existent e-mail address provided by the User using the Newsletter Service.
XIII. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
1. Detailed information on the possibility of the Consumer taking advantage of extrajudicial methods of handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the registered offices and on the websites of powiat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection Authority, and the Office of Competition and Consumer Protection.
2. The Consumer shall have the following exemplary options of taking advantage of extrajudicial ways of handling complaints and pursuing claims:
2.1. The Consumer may receive free assistance in resolving the dispute between themselves and a Seller, by taking advantage of the free aid of a powiat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection;
2.2. The Consumer shall have the right to apply to a Permanent Consumer Arbitration Court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection Authority (Dz.U. [Polish Journal of Laws] of 2018, item 1930), for the resolution of the dispute arising from the concluded Agreement. The rules of organisation and operation of Permanent Consumer Arbitration Courts are laid down in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organisation and operation of permanent consumer arbitration courts. (Dz.U. [Polish Journal of Laws] of 2001 no. 113, item 1214);
2.3. The Consumer shall be entitled to request the Voivodeship Inspector of the Trade Inspection Authority, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection Authority (Dz.U. [Polish Journal of Laws] of 2018, item 1930), to initiate mediation proceedings concerning the amicable settlement of the dispute between the Consumer and the Seller. Information on the rules and procedure of mediation conducted by the Voivodeship Inspector of the Trade Inspection Authority is available at the offices and on the websites of individual Voivodeship Inspectorates of the Trade Inspection Authority.
XIV. WITHDRAWAL FROM THE AGREEMENT
1. Pursuant to Article 27 of the [Polish] Act on Consumer Rights, the Consumer who has entered into a Distance Agreement, in particular the Agreement, may withdraw therefrom without stating the reason and without incurring any costs, except for the costs specified in Article 33, Article 34.2 and Article 35 of said Act, by submitting an appropriate written statement within 14 days from the date of conclusion of the Agreement. It shall be sufficient to send a statement prior to the expiry date. The statement may be sent electronically to: email@example.com or by post to the following address: ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki, Poland.
2. The statement may be submitted on a form constituting Appendix no. 5 to the Regulations.
3. Immediately after receiving the Consumer's statement of withdrawal from the Agreement, the Lessor shall confirm its receipt by sending a confirmation to the e-mail address provided with the Order or indicated as contact on the submitted statement of withdrawal from the Agreement.
4. If the Consumer submits a statement of withdrawal from the Agreement before the entrepreneur has accepted the Consumer’s offer, the offer shall no longer be binding.
5. In the case of withdrawal from a Distance Service Agreement commenced with the Consumer's consent before the expiry of the period of withdrawal from the Agreement, the Consumer shall be obliged to pay for the services provided until the moment of withdrawal from the Agreement.
6. The amount to be paid shall be calculated proportionately to the scope of what has been provided or supplied, taking into account the price or remuneration agreed upon in the Agreement. If the price or remuneration is excessive, the basis for the calculation of that amount shall be the market value of what has been provided or supplied.
7. In the event of withdrawal from the Agreement, it shall be deemed not concluded.
8. The Consumer shall be obliged to return the Machines immediately, no later than 14 days from the date on which the Consumer withdrew from the Agreement.
9. The Consumer shall return the Object of the Agreement from which they have withdrawn at their own risk and shall bear the shipping cost.
10. The Consumer shall be liable for a reduction of the value of the Machines resulting from the use thereof in a manner exceeding what is needed to ascertain the nature, characteristics, and functioning of the Machines.
11. The Lessor shall immediately, not later than within 14 days from the receipt of the statement of withdrawal from the Agreement by the Consumer, reimburse the Consumer for all payments made thereby, including the cost of delivery of the Machines, provided that if the Consumer chooses a method of delivery of the product other than the cheapest standard method of delivery offered by the Seller, the Lessor shall not be obliged to reimburse the Consumer for any additional costs incurred thereby.
12. The payment shall be returned using the same payment method as used by the Lessee in the original transaction, unless the Lessee expressly agreed to another solution. In any case, the Lessee shall not be charged with any fees in connection with the reimbursement.
13. The Lessor may withhold the return of the payment received from the Consumer until the moment the item is returned or the Consumer submits a proof of its return, depending on which event occurs earlier.
14. In relation to Agreements concluded off the premises of the enterprise or Distance Agreements, in accordance with Article 38 of the [Polish] Act on Consumer Rights, the Consumer shall not have the right to withdraw from the Agreement in the following cases:
14.1. for the provision of Services, if the Entrepreneur has provided the Service in full with the express consent of the Consumer who has been informed before the commencement of the service that after the provision of the service by the Entrepreneur, they shall lose the right to withdraw from the Agreement
14.2. where the price or remuneration depends on fluctuations in the financial market over which the Lessor does not exercise control and which may occur before the expiry of the deadline for withdrawal from the Agreement;
14.3. where the Subject of the Service is a non-prefabricated item, manufactured in accordance with the Consumer's specification or used to satisfy their individualised needs;
14.4. where the Subject of the Service is an item which is liable to deteriorate or expire rapidly;
14.5. where the Subject of the Service is an item delivered in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery;
14.6. where the Subject of the Service are items which, after delivery, due to their nature, are inseparably connected with other items;
14.7. where the Subject of the Service are alcoholic beverages whose price has been agreed upon when concluding the sales agreement, and the delivery of which may take place only after 30 days and whose value depends on fluctuations on the market over which the entrepreneur has no control;
14.8. where the Consumer explicitly requested the entrepreneur to arrive at the Consumer’s place of business to make urgent repairs or conduct maintenance; if the entrepreneur additionally provides services other than those requested by the Consumer or supplies goods other than spare parts necessary to perform repairs or maintenance, the Consumer shall have the right to withdraw from the Agreement with regard to additional services or items;
14.9. where the Subject of the Service are audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
a) on delivery of journals, periodicals, or magazines, except for subscription agreements;
b) concluded at a public auction;
c) for the provision of accommodation services, other than for residential purposes, transport of goods, rental of cars, catering, leisure services, entertainment, sports or cultural events, if the Agreement specifies the date or period of service provision;
d) for the provision of digital content which is not recorded on a tangible medium, if the provision of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the entrepreneur has informed them about the loss of the right to withdraw from the Agreement.
XV. PERSONAL DATA
1. Any and all information concerning the processing of personal data by the Lessor, including that of the personal data controller, purpose, scope, processing period are included in the Privacy and Cookies Policies available at www.bmp-rent.pl
XVI. FINAL PROVISIONS
1. The Regulations shall be effective from the date of their publication on the Website.
2. The Lessor/Service Provider reserves the right to amend the Regulations for important reasons including:
2.1. amendment of binding law,
2.2. organisational reasons, in particular:
a) change in the scope of the operations conducted by the Lessor/Service Provider in the form of changing their profile, introducing new services or facilities (including those connected with concluding and terminating agreements),
b) amendment of the rules of concluding, executing, and terminating Agreements,
c) change in the scope of: address data, name, or legal form of the Lessor/Service Provider,
d) change in the scope of payment methods, manner of delivery,
e) amendment of principles of personal data processing,
f) other technical changes connected with Store operations.
3. Each User shall be informed about amendments to the Regulations by way of publication of relevant information on the Website at www.bm-rent.pl.
4. The User who has an Account shall be notified about Regulations amendments by sending the relevant information to their email address. The User who subscribed to the Newsletter shall be notified about Regulations amendment by sending the relevant information to their email address.
5. Regulations amendment shall become effective for a given User no earlier than after expiry of 7 calendar days from the moment said User was informed about the Regulations amendment in an appropriate manner.
6. In matters not regulated in these Regulations, the provisions of law in force in the Republic of Poland shall apply, and in particular:
6.1. provisions of the [Polish] Civil Code,
6.2. provisions of the Act of 30 May 2014 on Consumer Rights (Dz.U. [Polish Journal of Laws] of 2017, item 683),
6.3. provisions of the Act of 18 July 2002 on the Electronic Provision of Services (Dz. U. [Polish Journal of Laws] of 2017, item 1219, as amended),
6.4. 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 “GDPR”).
7. The provisions of these Regulations do not exclude or limit any rights of the Lessee who is simultaneously a Consumer within the meaning of the provisions of the [Polish] Act of 23 April 1964
- Civil Code, which they are entitled to under mandatory provisions of law. If the provisions of these Regulations are inconsistent with those mentioned above, the latter shall prevail.
8. Any disputes arising between the Lessor and Users or Lessees shall be settled by a common court having jurisdiction over the registered office of the Lessor. This provision shall not apply to disputes with Lessees and Users who are Consumers.
9. The content of the Regulations is available to Users at any time on the Website via a link placed therein.
10. Any and all materials made available on the Site are the Subject of Copyright and are subject to legal protection. It shall be forbidden to use and distribute them without the Owner's consent.
11. The following appendices shall form an integral part of the Agreement:
11.1. Appendix no. 1 – Terms and Conditions of Additional Insurance,
11.2. Appendix no. 2 – Price Table - Prices for Additional Hours of Operation,
11.3. Appendix no. 3 – General Terms and Conditions of Insurance,
11.4. Appendix no. 4 - Price List for Machine Cleaning by the Lessor
11.5. Appendix no. 5 – Agreement Withdrawal Form
12. These Regulations shall be effective as of 01.05.2020