1. Introduction
1.1.
These Terms of Service set the rules for the use of the Website for individual Users free of charge.
1.2.
Elion Trade Sp. z o.o., a limited liability company established under the laws of Poland with its registered office in Warsaw, is the Service Provider and the owner of the Website, authorized to administer its resources.
1.3.
The Service Provider provides the Services described in these Terms of Service to you through the Website available at:
https://www.eliontrade.com subject to these Terms of Service.
1.4.
These Terms of Service constitute a binding and enforceable legal contract between the User and the Service Provider.
1.5.
By accessing the Website, the Services or their content, you acknowledge that you have read, understand, and agree to be bound by these Terms, as amended from time to time, and that you comply with the requirements listed herein, and to comply with the applicable law. The Privacy Policy and other additional terms, guidelines, and rules as set forth on the Website are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User. If you do not agree to any of these Terms or comply with the requirements herein, please do not access or use the Website and the Services.
IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.
2. Definitions
2.1.
Applicable law – any documents such as acts, statutes, regulations, ordinances, treaties, guidelines and other policies issued by any governmental organizations or any supervisory authorities, including, but not limited to, the governing law stipulated under the laws applicable for the Consumer which relate specifically to the Website and/or the Services.
2.2.
Consumer – any natural person who performs legal actions with the Service Provider, which are not directly connected with its professional or business activity.
2.3.
Client – a User interested in commercial engagement with the Service Provider.
2.4.
Contact Form - an online form available on the Website that allows the User to send a message to the Service Provider.
2.5.
ICT Systems – without limitation are all computer, communications, electronic, data processing or cloud systems used by the Service Provider or the User in relation to the use and/or provision of the services under this Terms of Service.
2.6.
ODR – an online dispute resolution.
2.7.
Privacy Policy – privacy notice and cookie notice dedicated to the Website, the Services and other associated services, available at:
www.eliontrade.com/privacy-policy2.8.
Quasi-Consumer – a natural person within the meaning of art. 38a of the Act of 30 May 2014 on Consumer Rights, using the Website, when the use of the Website is not of a professional nature for that person, based in particular on the subject of business activity made available on the basis of the provisions in the Central Register and Information on Economic Activity.
2.9.
Service Provider or Elion – Elion Trade Sp. z o.o., a limited liability company established under the laws of Poland with its registered office in Warsaw, address: Kłobucka Street 8B/86, 02-699 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS no. 0000496738, whose registration documentation is kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, tax ID number (VAT-PL): 7962963923, REGON: 147082308.
2.10.
Terms of Service, Terms – these Terms of Service for the Website and the Services.
2.11.
User – any natural person visiting the Website or using one or more services or functionalities described in the Terms of Service.
3. General provisions
3.1.
The Service Provider provides its Services through its Website, subject to the following terms and conditions.
3.2.
The Terms of Service define the following:
3.2.1. type and scope of services supplied electronically on the Website,
3.2.2. conditions for conclusion and termination of agreements,
3.2.3. principles of use of the Website by the Users, and
3.2.4. complaint procedure.
3.3.
The agreement for providing access to the Website is concluded on the conditions specified in the Terms of Service, for an indefinite period of time at the moment when the User invokes the URL of the Website in the browser window of the User’s device, or when the User uses a redirection link leading to the Website (i.e. when entering the Website). The agreement for providing access to the Website is terminated when the User leaves the Website.
3.4.
In order to use the Website, the ICT System used by the User shall meet the following minimum technical requirements:
3.4.1. a device connected to the Internet with the latest, full version of Chrome, Safari, Mozilla Firefox, Opera or Microsoft Edge browser;
3.4.2. cookies and javascript enabled in the browser;
3.4.3. screen resolution when displaying the Website is at least 1280x1024 pixels.
3.5.
No fees are charged or collected for use of the Website or the Services.
3.6.
The User is obliged to use the Website in accordance with the law and morality, with respect to personal rights and intellectual property rights, in particular copyrights belonging to the Service Provider or third parties.
3.7.
The User is authorized to use the Website exclusively for the User’s own personal use. This in particular means that data and any other materials found on the Website, both those that are protected under copyright law and those that are not, cannot be used for the User’s commercial activities.
3.8.
The Service Provider declares that the materials and information published on the Website are created and edited with due diligence.
3.9.
The User is obliged not to take any actions that would affect the proper functioning of the Website. In particular, it is forbidden to interfere in any way with the content placed on the Website and to provide unlawful content while using the Website.
3.10.
To access and use the Services, the User must be at least 18 years old or of the legal age in accordance with the Applicable law at the time of accessing the Services.
3.11.
Elion Trade Sp. z o.o. does not conduct sales or provide services within the territories of France and the Benelux region.
4. Services
[ACCESS TO THE WEBSITE’S CONTENT]
4.1.
The Service Provider provides the Users with a catalogue of the Service Provider's services and information about its business within the Website, in the form of both graphic and textual information.
4.2.
The User may view the Service Provider's catalogue of services and information on its business by selecting an adequate tab available on the Website.
[ACCESS TO THE WEBSITE’S CONTENT]
4.3.
The Service Provider provides the User with an option to submit their personal data to the Service Provider for the purpose of (i) sharing such personal data with third parties who may be interested in professional engagement of a (ii) collection of such personal data by the Service Provider in the Service Provider’s own database (“Data Processing Services”).
4.4.
The Data Processing Services may, in particular, include collecting personal data in the form of an electronic document and providing information on vacancies and job searches through ICT Systems.
4.5.
The submission of personal data for the purpose of the Data Processing Services is done via the Contact Form.
[ACCESS TO THE WEBSITE’S CONTENT]
4.6.
The Service Provider allows Clients with an active e-mail address to use the Client Contact Form available on the Website.
4.7.
The Client Contact Form allows Clients to send a message to the Service Provider. To use the Client Contact Form, the Client shall:
4.7.1. complete the Client Contact Form by providing obligatory data: e-mail address and, optionally, additional non-obligatory data such as: name, phone number;
4.7.2. write a message (optional);
4.7.3. accept these Terms of Service and the Privacy Policy;
4.7.4. click on the "Submit" dialogue box.
4.8.
The Client is obliged to provide true and correct data within the Client Contact Form.
5. Termination of contract
5.1.
The User may terminate any contract for the provision of the Services at any time, with or without cause and with immediate effect.
5.2.
The User may withdraw from any contract for the provision of the Services within 14 days, with or without cause and with immediate effect. The right to withdraw does not apply in the case of access to the Website’s content Service as the subject of such contract in this regard is a continuous performance, under which the obligations of the Service Provider are performed in full. The User may use the withdrawal declaration template set out in Appendix 1 to these Terms of Service.
6. Liability
6.1.
The Service Provider is liable for the performance of the Services. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Terms of Service to the fullest extent permitted by applicable law.
7. Complaints procedure
7.1.
The Service Provider takes actions to ensure proper functioning of the Website, to the extent resulting from the current technical knowledge, and commits to immediately remove defects or interruptions in the operation of the Website, which were reported by the Users.
7.2.
The User may notify the Service Provider of any defects or interruptions in the functioning of the Website (hereinafter referred to as “Complaints”).
7.3.
The Complaint shall include the User's name and surname, correspondence address, type and date of occurrence of the reasons for the Complaint.
7.4.
The User may submit Complaints to the address: Kłobucka Street 8B/86, 02-699 Warsaw, via telephone at: +48 534 446 191 or via email at: contact@eliontrade.com.
7.5.
The Service Provider shall respond to the Complaint within 14 (in words: fourteen) days of its receipt. The Service Provider shall provide the User with the response to the Complaint on paper or on another durable medium.
7.6.
The Consumer may use out-of-court ways of dealing with complaints and claims. For more details on such out-of-court ways of dealing with complaints and claims, as well as rules of access to such procedures, the Consumer may consult the following websites of the Office of Competition and Consumer Protection: http://polubowne.uokik.gov.pl/rejestr,5,pl.html (Polish language version) and https://uokik.gov.pl/ pozasadowe_rozwiazywanie_sporow_konsumenckich.php (Polish language version). The Consumer may also use out-of-court consumer dispute resolution in accordance with the European Commission's Online Dispute Resolution procedure
available on the website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show (all EU language versions).
7.7.
If the User acts as a legal person or a sole proprietor, the provisions relating to special consumer rights shall not be applicable.
8. Data processing
8.1.
The rules of processing personal data of the Users using the services available on the Website are set in the Privacy Policy.
9. Changes to Terms of Service
9.1.
The Service Provider is entitled to amend these Terms of Service unilaterally to the extent not individually agreed with the User for justified reasons. A justified reason in particular is the emergence of one of the following circumstances:
9.1.1. the change of the applicable law in Poland to the extent that such change in the law modifies the provisions of these Terms of Service or imposes an obligation on Service Provider to modify these provisions;
9.1.2. the issuance of decisions, recommendations, obligations or acts of similar nature, by public administration authorities, including in particular the President of the Office of Competition and Consumer Protection, to the extent to which such administrative acts modify the provisions of these Terms of Service or impose an obligation on Service Provider to modify these provisions;
9.1.3. the introduction of new functionalities of the Website or modification of their current scope by the Service Provider - in this case, the amendment of the Terms of Service shall be permitted to the extent concerning such new functionalities;
9.1.4. the introduction of new or modification of existing ICT Systems by the Service Provider - in this case, the change of the content of the Terms of Service shall be acceptable to the extent that is objectively necessary and directly related to the introduction or modification of such IT systems;
9.1.5. the emergence of judicial or administrative case-law which indicates that contractual provisions similar to those applied by the Service Provider may be contrary to the law, in particular consumer protection law - in this case, a change to the provisions of the concluded contract shall be permitted if, upon a comprehensive consideration of the circumstances of the case, it can be objectively assumed that from the perspective of an average User, who is a Consumer or the Quasi-Consumer and the proposed change is to his/her advantage;
9.1.6. the Terms of Service need to be supplemented, clarified or modified due to applicable laws of Poland or for the sake of greater clarity of its provisions for Consumers and Quasi-Consumers - in this case, an amendment to the Terms of Service shall be permitted to the extent which allows the adjustment of the Terms of Service to the applicable laws or to achieve greater clarity of its provisions.
9.2.
The Service Provider shall inform the User by publication on the Website at least of the following:
9.2.1. the content of the planned change to the Terms of Service;
9.2.2. the effective date of the change;
9.2.3. the consolidated text of the Terms of Service as amended.
9.3.
The change of the Terms of Service shall not apply to agreements on provision of services concluded before the effective date of the change of the Terms of Service. Such agreements shall be governed by the provisions of the Terms of Service in force on the date of the User's intention to conclude such an agreement for the provision of services.
10. Final provisions
10.1.
The Terms of Service enter into force on 18.06.2024.
10.2.
In matters not regulated by these Terms of Service, the relevant provisions of law shall apply. For the avoidance of doubt, it is considered that none of the provisions of
these Terms of Service shall limit the rights of the Consumer or the Quasi-Consumer under the applicable law in Poland. In the event of the occurrence of a provision of this nature, the provisions of the applicable law shall apply.
10.3.
Disputes arising from the Terms of Service, that could not be resolved between the Users and the Service Provider, will be settled by the competent court.
Appendix 1 Declaration of withdrawal template can be downloaded
HERE.
