General Terms of Service by electronic means
§1
Definitions
As used in these General Terms of Service by electronic means (hereinafter referred to as: "Terms of Service") the following terms shall have the following meanings:
∠ Act on the provision of electronic services – the Polish Act of 18 July 2002. on the provision of electronic services (Polish Journal of Laws 2002 No. 144 item 1204 as amended);
∠ Civil Code – the Polish Act of 23 April 1964 - Civil Code (Polish Journal of Laws of 1964, No. 16, item 93, as amended);
∠ Terms of Service - these Terms of Service for the provision of legal services by electronic means;
∠ Law Firm - Tomasz Wit Szeląg Law Firm of Attorney-at-Law with its registered office in Kraków, at ul. Marchołta 3/90, 31-416 Kraków;
∠ Website - website operating at www.lawyerpoland.pl;
∠ Services - legal services provided electronically by the Law Firm, indicated in §3 sec. 3 of the Terms of Service;
∠ Consumer - a natural person who performs a legal transaction with an entrepreneur (eg a Law Firm) not directly related to its business or professional activity, as defined in the Civil Code;
∠ Client - a natural person with full legal capacity, as well as legal persons and organizational units without legal personality:
- sending an inquiry to the Law Firm via the Website
- for which legal services are provided by electronic means.
§2
General provisions
1. The Terms of Service define the types and scope of services provided electronically by the Law Firm, the conditions for the provision of electronic services, the rules for concluding a contract by electronic means, the rules for paying for the Services provided by the Law Firm, the complaint procedure, the possibilities and rules for withdrawing from the contract for the provision of electronic services , terms and conditions of consenting to the publication of the content of the legal opinion, legal advice or legal analysis provided by the Law Firm, and contains information about the deontological rules binding the Law Firm when performing the Services.
2. The Law Firm provides Servicesby electronic means, within the meaning of the Act on the provision of electronic services, in the form of on-line legal advice or other legal services provided via the website operating at: www.lawyerpoland.pl or via the e-mail addresses indicated on the Website.
3. Services will be provided by Tomasz Wit Szeląg Attonery-at-Law, entered on the list of Attorneys-at-Law of the Cracow Bar Association of Attorneys-at-Law under number KR-4502 and running the Law Firm in Krakow at ul. Marchołta 3/90, TIN (Tax Identification Number): 9452124478.
4. The Client is obliged to read the Terms of Service and abide by them from the moment of sending the inquiry to the Law Firm via the website operating at: www.lawyerpoland.pl or via the e-mail addresses indicated on the Website.
5. The Client has the right to obtain free access to the Terms of Service at any time via the Website. The Client has the right to record and duplicate the Terms of Service by downloading, printing or saving tchem on any data carrier.
§3
General rules of providing Services
1. The Law Firm provides services within the scope and under the conditions specified in the Terms of Service.
2. Information on services contained on the Website www.lawyerpoland.pl constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code and do not constitute an offer within the meaning of Art. 66 and 661 od the Civil Code.
3. The Law Firm, via the website or via e-mail addresses indicated on the Website for contacting the Law Firm, provides legal assistance to Clients, which consists in particular in: analyzing a legal problem, providing legal advice, preparing a legal opinion, preparing draft legal documents, e.g. : contracts, terms of service, articles of association, resolution, lawsuit, application, administrative complaint, appeal or other pleading, conducting negotiations on behalf of the client, etc.
§4
Specific rules of providing Services
1. The Client sends, using the contact form available on the website www.lawyerpoland.pl or via the e-mail addresses indicated on the website, an inquiry regarding the provision Services by the Law Firm.
2. The inquiry should provide a description of the Service the Clients is interested in, along with a detailed description of the case. If the Service is related to the assessment of a specific factual state or concerns the analysis of documents, the Clients should send in the form of scans all documents and other information that are necessary for the valuation or performance of the Service
3. The Law Firm, in response to the received inquiry, may ask the Client additional questions or ask for additional documents, if it is necessary for the valuation or performance of the Service.
4. After the Law Firm receives all the necessary information or documents needed for the valuation or performance of the Cervice, the Law Firm sends to the Client an e-mail indicating the date of the execution of the Service and the remuneration for the Service, which is an offer within the meaning of the Civil Code. The valuation made by the Law Firm is free and does not oblige the Client to conclude a contract.
5. In the event of acceptance of the offer sent by the Law Firm in accordance with para. 4 above, the Client is obliged to pay the Law Firm's fee for the service in advance by bank transfer to the following bank account number (mBank): 73 1140 2004 0000 3202 7948 2626 and sendto  the Law Firm a confirmation of payment for services by e-mail.
6. The contract for the provision of Services by electronic means is concluded between the Client and the Law Firm when the payment for the ordered Services is credited on the Law Firm’s bank account. The Law Firm will start providing the Service immediately after the conclusion of the contract.
7. If the Customer fails to pay for Services within the time limit specified in the e-mail message referred to in paragraph 4 above, and if the deadline for making the payment has not been specified, within 7 days from the date the Law Firm sent the e-mail message referred to in sec. 4 above, the contract is considered not concluded.
8. The Service will be provided on the date indicated in the message referred to in paragraph 4 above. If the message does not indicate the date of the Service, it will be performed within three business days
9. The Law Firm provides its services reliably, with diligence resulting from its legal knowledge, professional experience and taking into account the ethics of an Attorney-at-Law.
10. The Service is considered fully performed when the Law Firm sends to the Client the requested legal advice, legal opinion, contract, contract analysis, pleading or other legal document being the subject of the Service.Usługa zostaje wykonana, gdy Kancelaria prześle do Klienta poradę prawną, opinię prawną, umowę, analizę umowy, pismo procesowe lub inny dokument prawny będący przedmiotem Usługi.
11. The remuneration for the Service is given in Polish zlotys (PLN). The remuneration includes VAT. The remuneration may be paid in other currencies if the Client and the Law Firm make appropriate arrangements.
12. The Service is provided by the Law Firm based on the data provided by the Client and on the basis of the legal status in force on the date of the provision of the Service.
13. The Law Firm provides the Service on the basis of documents and factual information provided by the Client. Failure by the Client to provide a full description of the factual situation, failure to deliver, incomplete delivery, selective delivery or incorrect delivery of data by the Client does not affect the correct performance of the Service.
14. The Law Firm provides Services in Polish, unless it has been agreed with the Client that the service is to be provided in a different language. The law firm provides services in Polish, English and French.
15. The Client has the right to submit additional questions regarding the Service provided and its content, if they are directly related to the subject and scope of the Service provided. Additional questions, requests, requests for clarification, which are not directly related to the Service provided or whose performance should be treated as a separate Service, will be treated by the Law Firm as a separate inquiry, which will be separately priced.
16. The Law Firm is obliged to keep secret everything that it learned in connection with the provision of Services. This obligation results, inter alia, from Art. 3 sec. 3 of the Polish Act of 6 July 1986 on Attorneys-at-Law (Polish Journal of Laws of 1982 No. 19, item 145, as amended).
17. The Client is strictly forbidden to provide the Law Firm with illegal content.
§5
Fiscal receipt / VAT invoice
1. The Law Firm issues receipts and VAT invoices.
2. The Client who is a Consumer is obliged to provide the Law Firm with the address for service in order to send the fiscal receipt. At the client's request, the Law Firm will send a scan of the fiscal receipt to the e-mail address provided by the Client.
3. In order to receive a VAT invoice, the Client is obliged to send the Law Firm the details of the Client's company including its name, headquarter address and tax identification number no later than 7 days from the date of payment for the Service.
4. The Client accepts the issuing and delivery of VAT invoices by the Law Firm in electronic form.
5. If the Client so requests, the Law Firm may send the VAT invoice in writing by traditional mail to the address of the Client's company. The VAT invoice will be sent in writing within 7 days from the date of receipt of the request.
§6
Responsibility
The Law Firm is not responsible for:
- inaccurate or incomplete presentation of the facts by the Client,
- failure to provide the Law Firm with full documentation on a given case,
- performance of the Service based on untrue data obtained from the Client,
- damage suffered by the Client as a result of the implementation of decisions made based on the advice,
§7
Right of withdrawal
1. If the Clients is a Consumer within the meaning of Art. 221 of the Civil Code, he has the right to withdraw from the contract without giving reasons within 14 days from the conclusion of the contract, i.e. from the moment the fee for the Law Firm's remuneration for the Service is credited on the Law Firm’s bank account. The right to withdraw is based on Art. 27 sec. 1 of the Polish Act of May 30, 2014 on Consumer Rights (Polish Journal of Laws of 2014, item 827, as amended).
2. Withdrawal from the contract must be in writing. The declaration of withdrawal should be sent to the address of the Law Firm. To meet the 14-day withdrawal period, it is sufficient to send a statement before the expiry of this period.
3. In the event of withdrawal from the contract on the basis set out in paragraph 1 above, the Law Firm shall return to the Client, within 14 working days from the date of receipt of the declaration of withdrawal, the payments made by the Client for the Service. The reimbursement takes place in the same way as the payment was made, unless the Client agrees to a different method of reimbursement that will not involve any costs.
4. The Client, who is a Consumer, is not entitled to withdraw from the contract if the Service has been performed.
5. The Client, who is a Consumer, agrees to the full performance of the Service by the Law Firm before the expiry of the 14-day withdrawal period.
6. In the event of withdrawal from the Service on the basis set out in paragraph 1 before performing the Service in full, the Client is obliged to pay the Law Firm for activities performed by the Law Firm as part of the Service, in particular for reading the documentation sent by the Client or for the analysis of the factual situation described by the Client, for the verification of the legal provisions concerning the case,for the preparation of a part or all of the advice, opinion or legal information, pleading or other legal document, contract or contract analysis, etc. The amount of the payment will take into account the amount of the remuneration agreed with the Customer and will be proportional to the scope of activities performed in order to perform the Service
7. In addition, the Client has the right to withdraw from the contract within 14 days from the date on which the deadline for providing the service by the Law Firm has expired.
8. The Law Firm has the right to withdraw from the contract, if circumstances indicated in the Code of Ethics of an Attorney-at-Law, available at the link: http://kirp.pl/etyka-i-wykonywanie-zawodu/etyka/kodeks-etyki-radcy-prawnego/, occur. The Law Firm has the right to withdraw from the Agreement within 30 days from the occurrence of the circumstances referred to in the previous sentence.
9. The Law Firm has the right to withdraw from the contract if it is not able to provide the service for reasons beyond its control. The right of withdrawal referred to in the preceding sentence is granted to the Law Firm within 30 days of the occurrence of the circumstances referred to in the previous sentence
§8
Complaints
1. Complaints about the Services or irregularities related to the provision of Services by the Law Firm may be submitted by the Client in writing to the Law Firm's address, using the contact form available at www.lawyerpoland.pl and via e-mail addresses available at www.lawyerpoland.pl .
2. The complaint should indicate:
- name and surname of the Client (or Company name);
- current address, including e-mail address;
- indication of the subject of the complaint with a brief justification;
- indication of any requests regarding the complaint.
3. The Law Firm considers the complaint within 14 days of its receipt. In response to the complaint, the Law Firm responds to the subject of the complaint by proposing a solution or indicating that the complaint is groundless.
4. If the complaint is accepted, the Law Firm:
- performs the Service again without receiving additional remuneration,
- it will reduce the remuneration due for the service and reimburse the Client for part of the remuneration paid, or
- will fully refund the remuneration for the Service performed.
5. The Law Firm indicates that the subject of the complaint may not be, in particular:
- provision of the Service based on untrue, inaccurate or incomplete documentation or facts presented by the Client;
- performance of the Service in a way that is unfavorable to the Client, e.g. does not confirm the favorable interpretation of the law suggested by the Client.
§9
Publication
1. An integral part of the contract for the performance of the Service is the Client's consent to the publication by the Law Firm of the question asked by the Client, as well as the content of the advice, opinion, information, legal analysis or other legal document being the subject of the Service. Publication takes place under the condition of anonymization of the Client’s data.
2. The Client has the right to withdraw consent to the publication within 14 days from the date the Service was provided by the Law Firm.
§10
Hardware requirements
The use of the Law Firm's Services is possible if the Client has access to the Internet with a speed of at least 1Mbit / sec and has a teleinformation system that supports Opera, Internet Explorer version 8.0 (or newer) or Firefox version 3.0 (or newer) along with enabled Java applets and session cookies. Failure to have the above-mentioned software or a slower internet connection does not exclude the possibility of using the Law Firm's Services, but it may modify the form of presentation of the content sent and make it impossible or difficult to use the contact form available on the website www.lawyerpoland.pl
§11
Privacy policy
When providing Services, the Law Firm processes personal data provided by the Client. The rules for the processing of personal data are described in detail in the Privacy Policy.
§12
Final provisions
1. The Terms of Service apply to contracts concluded after January 26, 2021.
2. The Law Firm reserves the right to amend the Terms of Service and the scope of Services provided electronically. Amendments to the regulations are effective from the moment they are published on the Website, but do not apply to contracts already concluded with customers.
3. Pursuant to Art. 3 sec. 2 the Polish Act of 6 July 1982 on Attorneys-at-Law (Polish Journal of Laws 1982 No. 19 item 145, as amended), an Attorneu-at-Law performs his profession with due diligence resulting from his legal knowledge and ethical principles of an Attorney-at-Law. The content of the Code of Ethics of the Attorney-at-Law, to which Tomasz Wit Szeląg Attorney-at-Law is bound, currently in force (from 1 July 2015), constitutes an appendix to Resolution No. 3/2014 of the Extraordinary National Congress of Attorneys-at-Law of November 22, 2014 and is available on the website of the National Bar Council of Attorneys-at-Law (link: www.kirp.pl) in the "Etyka" tab or directly at the link: https://kirp.pl/etyka-i-wykonywanie-zawodu/etyka/kodeks-etyki-radcy-prawnego/.https://kirp.pl/etyka-i-wykonywanie-zawodu/etyka/kodeks-etyki-radcy-prawnego/
4. If the Client is not a Consumer, the settlement of any disputes arising between the Law Firm and this Client shall be submitted to the court having jurisdiction over the registered office of the Law Firm.
5. If the Client is a Consumer, all disputes arising between the Law Firm and this Client shall be settled by the competent courts in accordance with the provisions of the relevant provisions of the Polish Act of November 17, 1964 - Code of Civil Procedure.
6. The law applicable to these Terms of Service is Polish law, in particular the following acts:
a) The Act of 23 April 1964 Civil Code,
b) The Act of May 30, 2014 on consumer rights,
c) The Act of 18 July 2002 on the provision of electronic services,
d) The Act of May 10, 2018 on the protection of personal data.