Terms and Conditions effective to 25.02.2023 r. are available at this link
TERMS AND CONDITIONS OF autoDNA.com
- GENERAL PROVISIONS
- ELECTRONIC SERVICES AVAILABLE IN THE WEBSITE
- DETAILED CONDITIONS OF THE REPORT
- METHODS OF PAYMENT
- TERMS OF CANCELLATION OF ELECTRONIC SERVICES AGREEMENTS
- COMPLAINT PROCEDURES
- THE RIGHT OF WITHDRAWAL FROM CONTRACT
- NONJUDICIAL PROCEDURES OF FILING AND PROCESSING COMPLAINTS AND ACCESS TO THESE PROCEDURES
- PERSONAL DATA
- REGULATIONS REGARDING BUSINESSES
- REVIEWS ON THE WEBSITE
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1.The on-line service available at www.autodna.com is run by AUTODNA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [Ltd.] seated in Łódź (registered office address and service address: ul. Obywatelska 128/152 94-104 Łódź) entered into the Register of Entrepreneurs of the National Court Register (KRS) at KRS no. 0000349742; registry court where company file is kept: District Court of the City of Łódź – Śródmieście in Łódź, 20th Division of the National Court Register; share capital: 50,000.00 PLN; NIP [TAXPAYER ID NO.]: 5492391545; REGON [BUSINESS ID NO.]: 121164104; e-mail: email@example.com, phone number: +48 22 350 01 28 (standard call cost – calling rate as per the operator’s tariff) as well as the chat and the contact form available on the Website
1.2.The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Service User who is at the same time a consumer or a natural person to whom the consumer rights apply under the mandatory provisions of law. In case of non-compliance of the provisions of these Terms and Conditions with the above provisions of law, the provisions of law shall prevail.
1.3.1.BLOG: an Electronic Service, an Internet blog available as part of the On-line Service and related to it thematically.
1.3.2.THE ACT ON CONSUMER’S RIGHTS – the Act of 30th May 2014 on Consumer’s Rights (Journal of Laws, 2014, Item 827, as amended)
1.3.3.PRZELEWY24: PayPro S.A. (joint-stock company) seated in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register (KRS) maintained by the Regional Court for Poznań – Nowe Miasto i Wilda in Poznań, 8th Economical Division of the National Court Register (KRS) at KRS no. 0000347935, NIP [Taxpayer ID no.] 7792369887, REGON [Business ID no.] 301345068, with share capital of 5,476,300.00 PLN (paid in full) and entered into the register of national payment institutions maintained by the Polish Financial Supervision Authority (UKNF) at UKNF no. IP24/2014, e-mail: firstname.lastname@example.org; contact phone: +48 61 642 93 44 (charged as for a standard call according to the operator’s rate), servicing on-line payments via http://www.przelewy24.pl.
1.3.4.ABBREVIATED INFORMATION; AI: an Electronic Service, abbreviated information provided before the Report is made available; it demonstrates the scope of information or events regarding the vehicle which can be accessed in the Report. This information determines whether the information is available or not, or how much information and how many events are available in the given Report. It also shows the cost of the Report. The AI will not include the information in question or any details regarding the events related to the Vehicle
1.3.5.CIVIL CODE; Polish law of the 23rd of April 1964 (Dz.U.1964 No. 16, item 93 as amended).
1.3.6.ACCOUNT: an Electronic Service; a database in the IT system of the Service Provider which is marked by an individual name (e-mail address) and a password provided by the Service User, in which the Service User’s data is kept.
1.3.7.VIN NUMBER: a unique ID of the given mechanical vehicle, which consists of not more than 17 characters (letters and digits); Vehicle Identification Number.
1.3.8.OPINIONS AND COMMENTS: an Electronic Service available as part of the Online Service, which allows the Service Users to publish opinions and comments regarding the Reports and blog entries.
1.3.9.PAYPAL: PayPal (Europe) S.à r.l. & Cie, S.C.A. seated in Luxembourg (registered office address: 22-24 Boulevard Royal, L-2449 Luxembourg), servicing on-line payments via http://www.paypal.pl/.
1.3.10.VEHICLE: a mechanical vehicle which has a VIN as provided by the Service User.
1.3.11.TERMS AND CONDITIONS: the Terms & Conditions of the Website listed here.
1.3.12.WEBSITE: the Service Provider’s on-line service available at www.autodna.com.
1.3.13.ELECTRONIC SERVICE: an Electronic Service provided by the Service Provider for the Service User via the Website.
1.3.14.SERVICE USER: a natural person with full legal capacity, a legal person, or an organizational entity without legal personality, who uses the Electronic Service in accordance with the Terms and Conditions.
1.3.15.SERVICE PROVIDER: AUTODNA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [Ltd.] seated in Łódź (registered office address: ul. Obywatelska 128/152 94-104 Łódź) entered into the Register of Entrepreneurs of the National Court Register (KRS) at KRS no. 0000349742; registry court where company file is kept: District Court of the City of Łódź – Śródmieście in Łódź, 20th Division of the National Court Register; share capital: 50,000.00 PLN; NIP [TAXPAYER ID NO.]: 5492391545; REGON [BUSINESS ID NO.]: 121164104; e-mail: email@example.com, phone number: +48 22 350 01 28 (standard call cost – calling rate as per the operator’s tariff) as well as the chat and the contact form available on the Website.
1.3.16.NEWSLETTER: an Electronic distribution Service provided by the Service Provider via e-mail, which enables all the Service Receivers who use it to periodically receive automatic Newsletter e-mails sent by the Service Provider. The e-mails include news on autoDNA as well as discounts available on the Website.
1.3.17.PAYU: PayU S.A. with the registered office in Poznań, (the address of the head office: ul. Grunwaldzka 186, 60-166 Poznań), domestic payment institution, supervised by Polish Financial Supervision Authority, entered into the Register of payment services providers under the number IP1/2012, entered into the Register of Entrepreneurs under KRS number 0000274399, the registered acts kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, with share capital of 7.789.000 PLN paid in full; Tax Identification No. (NIP): 7792308495, REGON No. 300523444, the contact e-mail address: firstname.lastname@example.org, the company provides electronic payments via the http://www.payu.pl service.
2. ELECTRONIC SERVICES AVAILABLE IN THE WEBSITE
2.1.The following Electronic Services are available on the Website: Blog, Abbreviated Information, Account, Reviews, Comment, Report and Newsletter.
2.1.1.Blog: the Blog can be accessed via the Blog tab or the News tab (the tab is available at: https://www.autodna.pl/blog/) in the Website. Blog is available for all Website visitors without the need to provide any data or performing any additional actions. The Blog viewers can at any moment and without providing any reason stop using the Blog by closing the Internet browser or switching to another website.
2.1.2.Abbreviated Information: two steps must be completed to access the AI (1) the VIN number must be entered in the Website after accessing the AI tab, and (2) the Service User must click the “Check VIN” or “Confirm VIN” field.
2.1.3. Account: two steps must be completed for the Service User to be able to use the Account: (1) fill in the registration form, and (2) click the “Register” field. The registration form requires the following Service User data: the e-mail address and password. An Account can also be created while a Report is being purchased, or after receiving the Abbreviated Information.
2.1.4.Reviews and Comments: the Reviews and Comments can be accessed in the following way:
22.214.171.124.for the Blog, the Service User must open the page where the Blog entry is available. Below the entry, the Opinions and Comments module can be accessed. In order to add a comment below a Blog entry, it is necessary to provide the following Service User data: name and e-mail address, as well as the comment;
126.96.36.199.for the Reports, in order to add an opinion or a rating regarding a Report, it is necessary to fill in the contact form shared via an individual link sent to the Service User after purchasing a Report to the provided e-mail address. It is necessary to provide in the contact form the following Service User data: name and e-mail address, type of the Report which is being rated selected from the list in the form, as well as the comment, including the rating done with the use of stars or numbers available in the form.
2.1.5.Report: the Report can be accessed after receiving the Abbreviated Information. Having received the AI, the Service User selects one or more types of the Reports available on the Website. The selected Reports are made available after the following three conditions are met: (1) the Report order form is filled in, (2) the “Pay now” field is clicked, and (3) the payment is made. The Report order form requires providing the e-mail address and the VIN number of the Vehicle. To fill in the Report order form, it is necessary to log in the User’s Account on the Website, and in case of not having one, it is possible to create an Account while ordering, and then log in.
2.1.6Newsletter: the Newsletter service is provided free of charge; in order to start receiving the Newsletter, the Service User provides their e-mail address in the Newsletter box on the Website (this will be the e-mail address the Newsletter will regularly be sent to), clicks the action field and confirms signing in for the Newsletter in the pop-up window by clicking the action field again. The Service User has the right to resign from receiving the Newsletter at any stage and without the need to provide any reason for resignation; in order to resign from receiving the Newsletter, the Service User will send a request to unsubscribe to the Service Provider. The Newsletter can also be cancelled by clicking the cancellation link which is included in every Newsletter e-mail sent by the Service Provider.
2.1.7The Service User is obliged to use the Website in accordance with law and accepted practices, taking into consideration the respect for individual rights and copyrights of third parties. It is prohibited to unlawfully interrupt the functioning of the Website or take actions which may damage the Service Provider’s reputation.
2.2.The Service User will not publish unlawful content. The Service User is obliged to only provide correct and valid information.
2.3.Technical requirements which must be met to cooperate with the IT system of the Service Provider:
2.3.1.A computer, tablet, mobile phone or another multimedia device with access to the Internet.
2.3.2.An updated Internet browser installed in a device with access to the Internet: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Microsoft Edge, Safari.
2.3.3.Cookies enabled in the browser.
2.4.The Blog, Newsletter Abbreviated Information, Account and Reviews and Comments are available free of charge.
2.5.The Reports are available upon payment. The price of each Report is available in the Website after the Service User receives the Abbreviated Information. Depending on the language version of the Website the Service User is using, the prices of Reports are displayed in PLN, EUR, HUF, RON or CZK. The price displayed includes all taxes and charges that may apply.
2.6.The Blog, Newsletter Abbreviated Information, Account and Reviews and Comments are available for an indefinite period of time. The Abbreviated Information and Report are single-use products which are only provided once.
3. DETAILED CONDITIONS OF THE REPORT
3.1.The price of the Report as well as types of available Reports are displayed in the Website separately for every Vehicle, after the Abbreviated Information is received. In order to obtain the Report, the Service User must first obtain the AI.
3.2.The AI and the Report are aimed at delivering additional information to the Service User and it should not constitute the sole basis of the decision to complete or not complete the Vehicle purchase. If any doubts arise with regard to the origin of the Vehicle, its technical condition, including its mileage or history, the Service Provider strongly recommends verifying these with the applicable authorities, the owner of the Vehicle or other third parties who offer support in such cases (e.g. a vehicle inspection station, an authorized service point, or a car appraiser). The Service Provider highly recommends the Service User to contact the aforementioned parties and further verify the Vehicle before the purchase even if no doubts arise based on the Report (regardless of the content of the AI and the Report).
3.3.Information and events regarding the Vehicle which are made available as part of the AI and the Report are obtained from third parties and independent sources. The role of the Service Provider is to make these available to the Service User via the Website by means of the AI and the Report and according to the state of these sources available for the Service Provider at the moment of providing the AI and the Report. The Service Provider is not in principle authorized to independently: enter, supplement, update, change or delete the information and events about the Vehicles – the changes in this regard require a change done by the data source or in cooperation with the data source, unless the generally applicable law allows or the Service Provider or impose an obligation on the Service Provider to make such changes. In the event of noticing any irregularities or receiving a submission regarding these or a complaint, the Service Provider shall act to clarify the possible irregularities by contacting the source of the questioned information and events.
3.4.The Service Provider gathers information from a number of external and independent of the Service Provider sources in order to use it to provide it in the AI and the Report. The sources from which the Service Provider gather the information from use various ICT tools, gather data in various modes and times, and additionally sharing the information itself via the Report might be impacted by events connected with transferring it in the moment of providing the Report (including force majeure and the of the ICT services quality level of the source of the information), which, in some cases, might result in data irregularities. Due to this, the Service Provider informs that not all information and events about Vehicles may be available, complete and correct in the AI and the Report. The information included in the AI and the Report is there to assist the Vehicle buyer and should not constitute the sole basis of the decision to complete or not complete the Vehicle purchase by the Service User. For these reasons, The Service Provider informs that the information included in the AI and the Report cannot confirm in every case the actual condition of the vehicle. The AI and the Report present vehicle history (the information and the events about the Vehicle) established on the basis of the information gathered from multiple external and independent from the Service Provider sources, however, for the above-mentioned reasons, the history does not have to be compatible with the actual state of the Vehicle. Therefore, the Service Provider recommends the Service User in any case (even if no doubts arise based on the Report and regardless of the content of the AI and the Report) to contact the relevant organs of the state, the owner of the Vehicle or other third parties who offer support in such cases (e.g. a vehicle inspection station, an authorized service point, or a car appraiser). The decision to purchase a given Vehicle falls on the Service User.
3.5.The scope of the information and events regarding vehicles that is made available in the Report is the maximum scope for the Service Provider at the moment of providing the Report, dependent on the given Vehicle, its manufacturer, make and model, year and place of production and brand. Before a given Report is made available, every time, the Service User is informed via the Abbreviated Information of the scope and amount of information and events available for the given Vehicle, or of the lack of information available. The Service User decides whether or not to purchase a given Report based on the Abbreviated Information.
3.6.Description of the digital product: the Report.
The Report is offered by the Service Provider (AUTODNA Sp. z o.o. [Ltd.]) via the autoDNA Website.
3.6.1.Main characteristics of the Report: An Electronic Service which makes Vehicle information and events available in the form of an electronic report on the basis of the information gathered from multiple external and independent from the Service Provider sources, available on the Website and compatible with the state of these sources available for the Service Provider at the moment of providing the Report. The scope of available information and events is displayed in the Website after the Service User has received the Abbreviated Information.
3.6.2.Price: The price is displayed on the Website for the Service User after they receive the AI (Abbreviated Information). The information about the total price, including the taxes and other costs, and when it is impossible to determine the amount of fees – about the obligation to pay them, is provided to the Service User each time on the Website when ordering the Report before purchasing it.
File type: PDF
Size: The size depends on the amount of information available in the report
Access types: download. The Report is shared immediately after the purchase, within no more than 1 calendar day since the Service Provider receives either the payment confirmation from the payment provider selected in the Website.
Access conditions: unlimited for personal use.
Hardware and software: A computer, tablet, mobile phone or another multimedia device with access to the Internet. In a PDF Report download is needed: a PDF reader (such as Adobe Acrobat Reader), an updated Internet browser installed in a device with access to the Internet: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Microsoft Edge, Safari. Cookies enabled in the browser
4. METHODS OF PAYMENT
4.1.The Service Provider makes the following methods of payment available:
4.1.1.Electronic payments via PRZELEWY24: the available types of payment are visible in the Website before making the payment but they can also be seen at http://www.przelewy24.pl/.
4.1.2. Electronic payments via Paypal (https://www.paypal.com/pl).
4.2.Credit card payments and on-line transfers are serviced via the Przelewy24 Centre.
4.3.PayPal transactions are serviced via PayPal.
4.4.The Service User is obliged to make the payment within 3 calendar days from entering into the contract. It must be remembered that the Report will only be shared when the Service User pays for it.
5. TERMS OF CANCELLATION OF ELECTRONIC SERVICES AGREEMENTS
5.1.The Service Provider and Service User have the right to cancel the electronic services agreement at any time by mutual consent.
5.2.Cancellation of the electronic services agreement made for indefinite period of time and of a continued character (e.g. Account):
5.2.1.The Service User can cancel the agreement with immediate effect and without providing the reason by sending such declaration for example via the contact form available at https://support.autodna.com/contact-form to the following e-mail address https://support.autodna.pl/kontakt or by letter sent to the address of the Service Provider: ul. Obywatelska 128/152 94-104 Łódź.
6. COMPLAINT PROCEDURES
6.1.The paragraph 6.1 of the Terms and Conditions determines the complaint procedures common to all complaints filed to the Service Provider, especially the complaints regarding the Reports and other Electronic Services and the Website.
6.1.1.Complaints can be made e.g. via the contact form available on the Website at https://support.autodna.com/contact-form, a message sent to the following e-mail address: https://support.autodna.pl/kontakt, or by letter sent to the address of the Service Provider: ul. Obywatelska 128/152 94-104 Łódź.
6.1.2.The Service Provider recommends providing the following information in the description of the complaint: (1) information and circumstances related to the subject of the complaint, especially the type of the irregularity or the lack of conformity with the contract and the date it occurred; (2) the request for a way to make the product consistent with the contract or; a price reduction statement, or a withdrawal from the contract, or another request ; and (3) contact data of the complaint submitter – it will allow processing the complaint easier and faster. If the complaint is made for a Report, the following information should also be provided (so long as it is available and relates to complaint) the Service Provider recommends providing: VIN, transaction number, date of payment for the Report, the type of Report purchased and the amount paid for the report. The requirements listed above are only a suggestion and they do not influence the effectiveness of the submitted complaints which do not consist of the suggested description of the complaint.
6.1.3.In case of any change of the contact data provided by the complaint submitter during the complaint processing, the submitter is obliged to inform the Service Provider about it.
6.1.4.The complaint submitter may provide the evidence (e.g. pictures, screenshots, documents) connected to the subject of the complaint. The Service Provider may also ask the complaint submitter to provide additional information or evidence (e.g. pictures, screenshots) if that may help the Service Provider resolve the complaint and accelerate the process.
6.15.Complaints will be processed immediately, that is, no later than 14 days since being received by the Service Provider.
6.2.The basis and scope of statutory liability of the Service Provider are determined by the generally applicable law, especially in the Civil Code, the Act on Consumer’s Rights and the Act of 18th July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, Item 1204, as amended).
6.2.1.The Service Provider informs that the Service Provider's liability provided for by law for the compliance of the provision with the contract in the case of a complaint of content or a digital service or a movable good that serves only as a carrier of digital content – purchased by the consumer on the basis of a contract concluded with the Service Provider from 1 January 2023 or before that date, if the provision of such content or digital service was to take place or took place after that date – is determined by the provisions of the Act on Consumer's Rights in force from 1 January 2023, in particular art. 43h – 43q of the Act on Consumer's Rights. These provisions specify in particular the basis and scope of the Service Provider's liability to the consumer in the event of non-compliance of the service with the contract.
7. THE RIGHT OF WITHDRAWAL FROM CONTRACT
7.1.A Service User who is at the same time a consumer or a natural person to whom the consumer law applies, who has made an agreement with the Service Provider remotely, has the right to withdraw from the agreement without the need to provide the reason and pay any charges (subject to point 7.4. of the Terms and Conditions), by making a declaration within 14 days. In order for the deadline to be met, the declaration needs to be sent within the 14 days. A declaration of withdrawal from the contract may be submitted, for example: to the e-mail address: email@example.com or in writing to the address of the Service Provider: ul. Obywatelska 128/152 94-104 Łódź.
7.2.The period for withdrawal from the contract begins: (1) for the contract, in the performance of which the entrepreneur issues the goods, being obliged to transfer its property - from taking possession of the thing by the consumer or a third party indicated by them other than a carrier, and in the case of the contract, which: (a) includes many goods that are delivered separately, in batches or in parts - from taking possession of the last goods, lot or part, (b) consists in regular delivery of the thing for a specified period - from taking possession of the first thing; (2) for other contracts - from the date of conclusion of the contract.
7.3.In an agreement made remotely is withdrawn, then it is considered not concluded.
7.4.In the case of a service the performance of which – at the express request of the consumer or a natural person to whom the consumer's provisions apply – began before the deadline for withdrawal from the contract, the consumer or a natural person to whom the consumer's provisions apply, who exercises the right to withdraw from the contract after submitting such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service already provided, taking into account the price or remuneration stipulated in the agreement. If the price or remuneration proves excessive, the calculation of the amount payable shall be based on the market value of the service provided.
7.5.The right to withdraw from an agreement made remotely does not apply to a consumer and to the natural person to whom the consumer law applies, in the following cases: (1) agreements for the provision of services for which the consumer is obliged to pay the price, if the trader has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance by the trader loses the right to withdraw from the contract, and acknowledged it; (2) agreements in which the subject of the service is non-prefabricated goods, produced according to the consumer's specifications or to meet his individual needs; (3) agreements in which the subject of the service is goods subject to rapid deterioration or having a short shelf life ; (4) agreements for the provision of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the trader has started the provision with the express and prior consent of the consumer, who was informed before the commencement of the service, that after the performance by the trader that they lose the right to withdraw from the contract and has been informed by the trader, that the trader has provided the consumer with the confirmation, which is referred to in Article 15 section 1 and 2, or Article 21 section 21 of the Act on Consumer's Rights.
7.6.An exemplary withdrawal from contract template is attached to these Terms and Conditions. The consumer may use the template of the form, but it is not mandatory.
8. NONJUDICIAL PROCEDURES OF FILING AND PROCESSING COMPLAINTS AND ACCESS TO THESE PROCEDURES
8.1.The following only applies to Service Users who are consumers.
8.2.The methods of resolving disputes without the participation of the court include, inter alia, (1) enabling the parties' positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its resolution on the parties, e.g. as part of arbitration. Detailed information on the possibility of using the out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
8.3.There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information on out-of-court settlement of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to the following address: firstname.lastname@example.org or (3) in writing or in person – at the Office Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
8.4.The consumer has the following exemplary opportunities to use out-of-court methods of dealing with complaints and pursuing claims: (1) a request for resolution of the dispute to a permanent amicable consumer court; (2) a request for out-of-court resolution of the dispute to a Provincial Inspector of the Inspection; or (3) assistance of a district (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich). Advice is provided, among others, by the following e-mail address: email@example.com and at the consumer helpline number 801 440 220 (hotline open on Business Days between 8:00 and 18:00, connection fee according to the operator's tariff).
8.5.At http://ec.europa.eu/consumers/odr, there is a platform for online dispute resolution between consumers and businessmen at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a point of comprehensive service for consumers and entrepreneurs seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales or service contract (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr ,161,pl.html).
9. PERSONAL DATA
10.1.All the content and graphic devices published in the Website are protected by the copyright as applicable to the Service Provider as per the Act on Copyright and Related Rights of 4 February 1994. (Dz.U. No. 24, item 83 as amended).
10.2.The Service User may view the content published in the Website, including that which is received as part of the Electronic Services, as well as download single copies of this content in so far as is legally permitted, only for personal use.
10.3.It is prohibited to use the content and graphic devices published in the Website in any other way than that which is determined in these Terms and Conditions or permitted by the applicable law.
11. REGULATIONS REGARDING BUSINESSES
11.1.The following stipulations of the Terms and Conditions only apply to a Service User who is not a consumer. In addition, from 1 January 2021 and for contracts concluded from that date, this point of the Terms and Conditions and all provisions contained therein are not directed and thus do not bind the Service User who is a natural person concluding a contract directly related to its business activity, if it follows from the content of this agreement that it does not have a professional nature for this person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, unless the provisions contained in this point of the Terms and Conditions are not allowed to apply to these persons..
11.2.At any time, the Service Provider is entitled to act to verify and validate the information provided by the Service User. As part of the verification, the Service Provider is entitled to request the Service User to produce a scan of the certificates and other documents that may be required to complete the verification. During the verification, the Service Provider has the right to suspend the Account of the Service User until the verification is completed.At any time, the Service Provider is entitled to act to verify and validate the information provided by the Service User. As part of the verification, the Service Provider is entitled to request the Service User to produce a scan of the certificates and other documents that may be required to complete the verification. During the verification, the Service Provider has the right to suspend the Account of the Service User until the verification is completed.
11.3.The Service Provider has the right to withdraw from an Electronic Service agreement made with with Service User in 14 calendar days from the day it was concluded.
11.4.The Service Provider assumes no responsibility for any loss or inability to deliver the service as agreed if the service could not be delivered due to any errors and technical issues as well as maintenance breaks.
11.5.The Service Provider assumes no responsibility for any loss or inability to deliver the service as agreed if the service could not be delivered due to force majeure (such as hacker attacks, natural disasters, epidemics, riots or wars) or any other reasons on which the Service Provider had no influence.
11.6.The liability of the Service Provider towards the Service User under the warranty or non-compliance with the contract is excluded.
11.7.The responsibility of the Service Provider towards the Service User, regardless of its legal basis, is limited (both with regard to a single claim and with regard to the total of all claims made) to the total of payments made by the Service User to the Service Provider for delivering the Electronic Services. The amount cannot exceeded 1,000.00 PLN. The above limitation applies to any claim made by the Service User towards the Service Provider. The Service Provider is only responsible towards the Service User for typical damage which was foreseeable on the day of signing the agreement, and does not hold any responsibility for any loss of profit.
12. REVIEWS ON THE WEBSITE
12.1.The Service Provider enables the Service User to issue and access reviews of the Reports on the terms specified in this point of the Terms and Conditions.
12.2.It is possible for the Service User to issue a report after using the form enabling the addition of a review of the Report. This form is made available via an individual link received by the Service User after purchasing the Report to the e-mail address provided by them. By adding a review, the Service User may also add a graphical assessment – if such an option is available in the review form.
12.3.The review of the Report may be issued only to the Reports actually purchased and by the Service User who purchased the reviewed Report. It is forbidden to enter into fictitious or apparent contracts in order to issue a review of the Report.
12.4.Providing opinions by the Service User must not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Service Provider or third parties. By adding the review, the Service User is obliged to act in accordance with the law, these Terms and Conditions and good manners.
12.5.Reviews are made available on the Website (e.g. on the main page or in the description of the Report).
12.6.The Service Provider ensures that the published reviews of the Reports come from the Service Users who purchased a given Report. For this purpose, the Service Provider takes the following actions to check whether the reviews come from the Service User:
12.6.1.The Service Provider sends the Service User an individual link to the e-mail address provided by the Service User at the time of purchase – in this way, only the Service User who purchased the Report on the Website receives access to the review form.
12.6.2.In the event of doubts of the Service Provider or reservations addressed to the Service Provider by other Service Users or third parties, whether a given review comes from the Service User or whether a given Service User purchased a given Report, the Service Provider reserves the right to contact the author of the review in order to clarify and confirm that they are actually a Service User of the Website or has purchased a reviewed Report.
12.7.Any comments, appeals against the verification of reviews, or reservations as to whether a given review comes from the Service User or whether a given Service User purchased a given Report may be submitted in a manner analogous to the complaint procedure indicated in point 6. of Terms and conditions.
13. FINAL PROVISIONS
13.1.Agreements made via the Website are made in accordance with the Polish law and in the Polish language.
13.2.To all matters not settled herein provisions of the following shall apply: The Civil Code; Act of 30th May 2014 on Consumer' Rights (Dz. U. 2014 item 827 as amended), Act of 18 July, 2002 on Providing Services by Electronic Means (Dz. U. No. 144, item 1204 as amended) and other applicable regulations of the Polish law.
13.3.Changes in these Terms and Conditions:
13.3.1.The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e. changes in payment methods, being subject to a legal or regulatory obligation; changes in the scope or form of Electronic Services provided; addition of new Electronic Services; the need to counteract an unforeseen and immediate threat related to the protection of Electronic Services and Service Users from fraud, malware, spam, data breach or other threats to cybersecurity - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
13.3.2.Notification of proposed changes is sent at least 15 days in advance of the effective date of such changes, provided that the change may be made without a 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, by way of exception, amend its Terms and Conditions to address an unforeseen and imminent threat related to the protection of Electronic Services and Service Users from fraud, malware, spam, data breach or other cybersecurity risks. In the last two cases referred to in the previous sentence, the changes are made with immediate effect, unless it is possible or necessary to apply a longer deadline for changes, which is notified by the Service Provider each time.
13.3.3.In the case of contracts of a continuous nature (e.g. provision of Electronic Service – Account), the Service User has the right to terminate the contract with the Service Provider before the expiry of the period of notification of the proposed changes. Such termination shall become effective within 15 days from the date of receipt of the notification. In the case of conclusion of a continuous contract, the amended Terms and Conditions shall bind the Service User, if they have been properly notified of the changes, in accordance with the notification period before their introduction and have not terminated the contract within this period. In addition, at any time after receiving notification of changes, the Service User may accept the changes and thus resign from the further duration of the notification period. In the event of conclusion of a contract of a different nature than continuous contracts, changes to the Terms and Conditions shall not in any way affect the rights acquired by the Service User who is a consumer before the date of entry into force of the amendments to the Terms and Conditions, in particular changes to the Terms and Conditions shall not affect orders already placed or placed and contracts concluded, implemented or performed regarding the purchase of the Report.
13.3.4.In the event that a change in the Terms and Conditions results in the introduction of any new fees or an increase in the current ones, the consumer has the right to withdraw from the contract.
13.4.Dispute settlement: any disputes that may arise between the Service Provider and the Service User who is a consumer will be settled by the applicable common court. Any disputes that may arise between the Service Provider an the Service User who is not a consumer will be settled by the court having jurisdiction over the seat of the Service Provider/Seller.
Attachment to the Terms and Conditions: Withdrawal from Contract template
Withdrawal from Contract template.
(please only fill this form in and send it if you wish to withdraw from the contract)
AUTODNA Sp. z o.o.
ul. Obywatelska 128/152; 94-104 Łódź
I/We(*) Hereby declare that I/we wish to withdraw from the sales agreement regarding the following objects(*) delivery agreement regarding the following objects(*) specific task agreement to create the following object(*)/ service agreement to deliver the following service(*)
– Date of the agreement(*)/delivery(*)
– Name and last name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only required if the form is sent printed)
(*) Delete as appropriate.