Terms and conditions
TERMS AND CONDITIONS OF home-tools.pl WEBSITE
dated on 21st May 2020
please review these terms and conditions, which regulate your use of the Website whether as a guest or a registered user. By your using the Website you agree unconditionally to be bound by these Conditions and conditions of the Privacy and Security Policy. The Website is provided by RAWLPLUG S.A. with its registered office in Wrocław, Poland (“Rawlplug”) as a service to its existing and potential customers and its employees, unless specifically provided otherwise on a Website. The Conditions inure to the benefit of Rawlplug and its subsidiaries and affiliates, i.e. Rawlplug Group (see: Privacy and Security Policy).
Please read the Conditions carefully before you start to use the Website. If you do not want to agree to these Conditions, you must not access or use the Website.
Accepting terms and conditions herein contained shall be deemed by Rawlplug to mean that you are fluent and capable user of language in which these regulations were drafted and prescribed in. The extent of your fluency and capability shall be deemed as allowing you to fully understand the meaning of provisions herein contained.
|Conditions||these Conditions conditions as amended from time to time and Privacy and Security Policy.
|Website||website located at: www.modeco-expert.com which purpose is to provide information on Rawlplug® products and services and/or enter into a contract for the provision of Electronic Services and/or provide such Electronic Services by Rawlplug and/or enter into a Contract.
|Rawlplug||RAWLPLUG S.A. with its registered office in Wrocław, Poland, 6 Kwidzyńska St., 51-416 Wrocław, entered into a business register of National Court Register (KRS) under no. 33537, VAT EU PL8951687880. E-mail: firstname.lastname@example.org, tel.: +48 (71) 32 60 100.
|Electronic Services||Electronically supplied services by means of distance communication via the Website or otherwise provided by Rawlplug or companies from Rawlplug Group in accordance with general terms and conditions applicable to such services available on the Website, other than provision of the Website.
|Contract||An agreement between the user and Rawlplug or companies from Rawlplug Group concluded through the Website under general terms and conditions available on the Website.
II. General provisions
- These Conditions govern the use of the Website and Electronic Services available on the Website, and conditions of said services, as well as the rules on entering into an agreement for the provision thereof and/or rules on entering into Contracts.
- Rawlplug is entitled to amend these Conditions at any time. Any such amendment enters into force on the date of its publication on the Website.
- Access to the Website requires working internet connection and having a web browser or any other application for browsing contents of the internet installed on the computer or electronic device used by the user. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Conditions and comply with them. Use of certain content of the Website may require installation of third parties’ software.
- Accessing and using the Website constitutes your acceptance of the Conditions. By accepting these Conditions, you certify that you are you are either a) at least 16 years of age or older, or b) under 16 years of age and are using the Website under the supervision of a parent or a legal guardian who has agreed to be bound by these Conditions on your behalf. If you are under the age of 16 and you are not supervised by your parent or a legal guardian, you are not allowed to use the Website.If you are a parent or legal guardian who has agreed to be bound by these Conditions on behalf of a child under the age of 16, you agree to be fully responsible for such child’s use of the Website, including all financial charges and legal liability that such child may incur.
- If we determine that a child under the age of 16 has provided personal data to the Website, we will act in accordance with Privacy and Security Policy available at the Website.
III. Content of the Website
- The Website enables Rawlplug to provide following content to users:
- information on Rawlplug® products and services and other information as may, in the Rawlplug discretion, deem appropriate;
- information on Electronic Services or manner of entering into contracts for the provision of Electronic Services;
- entering into Contracts;
- any other content as Rawlplug may, at its sole discretion, deem appropriate.
- Content on the Website is provided for your review and use in accordance with the Conditions. However, content do not necessarily reflect the opinions, representations and warranties of Rawlplug.
- Rawlplug may at its own discretion remove, update, amend, temporarily or permanently block, delay or otherwise limit the use of content of the Website at any time, for any reason and without notice.
- Unless provided otherwise, most products and services displayed on the Website are available directly from or through Rawlplug and Rawlplug Group. Rawlplug endeavors to display and describe its products and services accurately on the Website.
- Rawlplug cannot and shall not guarantee the accuracy, availability or completeness of content of the Website, including, without limitation, prices, product images, specifications, dimensions, availability and services. The content may contain technical inaccuracies and typographical errors.
- The Website may contain links to other websites so that you can learn more about the products or services available on the Website and have access to other information. These links are provided to you only as a convenience and their presence on the Website does not imply endorsement by Rawlplug or any other Rawlplug Group companies of such website or of any association with such websites’ operators.
- You agree that Rawlplug and each of the Rawlplug Group companies are in no way responsible or liable for the availability or content of the websites to which the Website is linked.
- The registration of user’s account is not necessary for viewing the content of the Website. Electronic Services or entering into contract for the provision of Electronic Services or entering into Contracts may be available solely for registered users.
- Submitting of enquires or any other communication with Rawlplug through the Website requires your prior consent to be bound by these Conditions by ticking respective boxes and pressing the button “Send” or “Submit” as well as consent to Privacy and Security Policy of the Website and other consents as the Rawlplug may reasonably require, including but not limited to the general terms and conditions of Electronic Services or Contracts.
- Submitting of any enquiry or any other communication with Rawlplug through the Website shall not amount to conclusion of any contract with Rawlplug unless general terms and conditions of Electronic Services or Contracts provide otherwise.
- In an enquiry form or any other communication with Rawlplug through the Website the user is obliged to provide Rawlplug with necessary information, including personal data, pursuant to the relevant instruction on the Website.
- Rawlplug shall keep confidential and shall not disclose to any third party any information provided by the user in an enquiry or any other communication with Rawlplug through the Website. Rawlplug may disclose this information only where it is required by the applicable laws and/or under a final decisions of a competent authority, or where the information became part of a public domain. This obligation shall not apply to any information disclosed to employees or any persons which support Rawlplug in performance of Electronic Services or Contracts or operation of the Website, including any of the Rawlplug Group companies.
- In case of free content of the Website or free Electronic Services or Contracts wherein Rawlplug shall provide consideration free of any charge, you may be required to give your consent for Rawlplug and/or companies from Rawlplug Group to use your personal data for the purpose of marketing and promotion of Rawlplug® products and services and to receive commercial information via email or telephone, which may be withdrawn at any time. The consent is not mandatory, but, having considered the fact that Rawlplug shall provide gratuitous consideration, your consent is necessary for you to receive such consideration.
- The Website enables Rawlplug to provide following content to users:
- The registration of user’s account or registration of access may be necessary for accesing the certain content of the Website. In such case the user shall provide Rawlplug with certain information, including personal data. You are obliged to provide Rawlplug with accurate, full and current information during the registration of the user’s account or registration of access. Registration of user’s account or registration of access shall be free unless otherwise provided on the Website.
- You may be able to register the user’s account by using the existing user account on other websites or at third party suppliers, as indicated by Rawlplug. By agreeing to such registration you allow us to access relevant information and use it to register the user’s account.
- Registration of access is made each time you wish to access certain content of the Website, without the need to register the user’s account.
- If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify Rawlplug immediately of any unauthorized access to or use of your user name or password or any other breach of security.
- You also agree to ensure that you exit from your account at the end of each session.
- You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Rawlplug has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in Rawlplug’s sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Conditions.
V. Right and obligations of Rawlplug
- Rawlplug shall not be held liable for accuracy and reliability of information published on the Website, as well as for (1) any unauthorized access to or use of servers on which the Website is hosted and / or on which any of your personal data and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the Website; and / or (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the Website by a third party. Rawlplug does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website (4) any loss or damage caused by a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Such disclaimer and limitation of liability shall be to the highest extent permitted by applicable law, specifically it shall not include any damage or loss caused by intentional behavior or gross negligence of Rawlplug or its employees.
- You agree that Rawlplug and companies from Rawlplug Group will not be responsible or liable for damage or loss of any kind arising out of your use of the Website. Such disclaimer and limitation of liability shall be to the highest extent permitted by applicable law, specifically it shall not include any damage or loss caused by intentional behavior or gross negligence of Rawlplug or its employees and subject to different provisions of general terms and conditions of Electronic Services or Contracts.
- Rawlplug is not responsible for any irregularities during your use of the Website resulting from:
- incorrect functioning of your web browser;
- incorrect functioning of internet connection;
- adverse actions of third parties;
- other reasons not attributable to Rawlplug.
- Rawlplug may, at its sole discretion, block the access to the Website if the user:
- breaches any of the Conditions hereof;
- breaches any of general terms and conditions of Electronic Services or Contracts;
- uses this Website with the breach of any applicable law.
- Rawlplug may carry out updates, repairs and maintenance to the Website and other technical facilities and temporarily block the access to the Website for the time needed to render such operations. Information about such blockage will be published on the Website.
- Rawlplug in no event shall be obliged to confirm the receipt and acceptance of an enquiry or any other communication with Rawlplug through the Website. Lack of confirmation and/or acceptance shall not result in Rawlplug’s liability to remedy any losses suffered by the user.
- The contents of the Website is made available solely for general information purposes and shall not constitute an offer. Any use, including reliance on, of such contents is strictly at your own risk. We disclaim all liability and responsibility arising from any use of such contents by you or any other visitor to the Website, or by anyone who may be informed of it.
- Rawlplug may contact you telephonically or via email in order to receive more information necessary to enter into a Contract or contract to provide Electronic Services or provide Electronic Services.
- Rawlplug may also contact you via email in order to receive your evaluation of Electronic Services or other content of the Website.
VI Rights and obligations of the user
- You are obliged to provide true and accurate information, including personal data, in your communication with the Website.
- You agree to indemnify, defend and hold harmless Rawlplug, companies from Rawlplug Group and their respective employees from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Conditions; (2) any allegation that any content or other material you have submitted or transmitted to the Website infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the Website.
- You assume all responsibility and risk for the use of the Website and the internet in general. The Website is provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Rawlplug, companies form Rawlplug Group and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied to the highest extent permitted by applicable law.
- Including but not limited to the following, you agree that you will not:
- restrict any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website.
- use the Website or content on or from the Website for any unlawful purpose.
- express or imply that any statement you make is endorsed by Rawlplug or any of the Rawlplug’s Group companies.
- submit data or information to or otherwise transmit material through the Website that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Rawlplug’s, Rawlplug Group companies’ or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so.
- engage in spamming, flooding, phishing or other activity intended to gather information unlawfully.
- transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects.
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
- remove any copyright, trademark or other notices of proprietary rights contained on the Website.
- “frame” or “mirror” any part of the Website without Ralwplug’s prior written authorization.
- collect information about Website visitors.
- use the Website in any manner and/or to any purpose that may adversely affect Rawlplug’s or Rawlplug Group companies’ interest.
- impersonate or attempt to impersonate Rawlplug, a Rawlplug’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Rawlplug or users of the Website or expose them to liability
VII. Protection of personal data
Processing and protection of personal information of the Customer provided to Rawlplug shall be governed by the Privacy and Security Policy.
VIII. Intellectual Property Rights
- All software, content, features and functionality (including but not limited to all information, text, displays, images, video, and audio, the design, selection, and arrangements thereof) of the Website, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Rawlplug and might be protected as international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- These Conditions permit the user to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- the device of the user may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- the user may store files that are automatically cached by your web browser for display enhancement purposes.
- the user may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
- unless general terms and conditions of Electronic Services or Contracts provide otherwise.
- The user must not:
- modify copies of any materials from this Website.
- use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
- If case the user prints, copies, modifies, download or otherwise uses or provides any other person with access to any part of the Website in breach of the Conditions, the user’s right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- No right, title or interest in or to the Website or any content on the Website is transferred to the user, and all rights not expressly granted are reserved by Rawlplug. Any use of the Website not expressly permitted by these Conditions is a breach of these Conditions and may infringe copyrights, trademarks and other rights of Rawlplug and any other Rawlplug Group company.
- The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of the Rawlplug or any company from Rawlplug Group and protected by applicable copyright laws.
- The Website may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
- The names, trade names, logos, service marks, trademarks and trade dress on the Website are registered and unregistered trademarks of Koelner Rawlplug IP sp. z o.o. with its registered office in Wroclaw, Poland, or other company from Rawlplug Group or other respective owners.
IX. User-generated content
- As part of your use of the Website, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Rawlplug and other users of the Website; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Website. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant Rawlplug and companies from Rawlplug Group, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media in exchange for free access to the Website (“Content License”).
- You agree that any Content you submit may appear on sites other than the Website through which you submitted your Content. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Website. You agree that Rawlplug may use submitted Content in any manner that Rawlplug deems appropriate or necessary in its sole discretion. Rawlplug and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.
- You agree that you will not use a false or misleading information, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Website.
- By submitting any Content to the Website, you warrant and represent that you have the right to use such Content and have the right to permit Rawlplug and other companies from Rawlplug Group to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Rawlplug. You also represent and warrant that all Content does and will comply with these Terms.
- If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording or other characteristics of yourself, you authorize Rawlplug and companies from Rawlplug Group, without compensation of any kind to you or anyone else, to use this Content within their business activity in any way it deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason, unless applicable law provides otherwise.
- Rawlplug reserves the right to remove any Content from the Website without notice and in Rawlplug sole discretion; however, you acknowledge and agree that Rawlplug is under no obligation to you to monitor the Website.
- You understand and acknowledge that you are responsible for any Content you submit and contribute, and you, not Rawlplug, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness.
- Any complaint in connection to the Website must be submitted in electronic form to the email address: modeco-expert.comor by post to the address of Rawlplug within 7 days from the date when the problem occurred.
- The complaint must contain following information: name, surname, business name (if applicable) and description of a problem that was a reason for a complaint, including the date and type of irregularities.
- The complaint shall be considered by Rawlplug within 14 working days from the receipt thereof.
- Any disputes between consumers and Rawlplug in connection with these Conditions shall not be the subject of alternative dispute resolutions (ADR).
- Any individual and additional agreements between you and Rawlplug require to be made in a form of an instrument under the pain of nullity, unless otherwise provided herein.
- If any part of these Conditions is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Conditions shall continue to govern your use of the Website.
- These Conditions shall be governed by the laws of Poland.
- Any disputes in connection with this Conditions shall be exclusively and finally resolved by Polish courts competent for the seat of the Rawlplug, unless it is otherwise provided in applicable law.