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BYE-LAWS

ON ELECTRONIC SERVICES

 

 

1. General provisions

  1. Based on Article. 8 sec. 1 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422) Karolina Słupecka, running a sole proprietorship under the name of Kancelaria Adwokacka. Adwokat Karolina Słupecka, ul. Grenadierów 13/27, 04-052 Warsaw, tel. 503157559, NIP 9512501075, REGON 385987373, hereby establishes the regulations for the provision of electronic services, hereinafter referred to as the "Regulations".

  2. Karolina Słupecka is an attorney at law entered on the list kept by the District Bar Council in Warsaw under the number WAW / ADW / 10379.

  3. The appropriate set of rules of professional ethics for the profession performed by Karolina Słupecka is Code of Bar Ethics.

  4. The Regulations constitute an integral part of the contract for the provision of legal services via the Internet.

  5. The regulations define the types and scope of services provided electronically via the website available at https://www.adwokatslupecka.com/, the conditions for concluding and terminating the contract, the complaint procedure as well as the rules and technical conditions for the provision of electronic services.

 

2. Legal definitions of the terms contained in the Regulations

  1. Provider - Karolina Słupecka, running a sole proprietorship under the name "Kancelaria Adwokacka. Adwokat Karolina Słupecka”.

  2. Recipient:

    • a) a natural person with full legal capacity,

    • b) legal person,

    • c) an organizational unit that is not a legal person, which the law recognizes as having legal capacity,

    • - concluding a contract with the Service Provider, and taking steps to conclude a contract;

  3. Provider`s e-mail address - kancelaria@slupecka.com;

  4. delivery address appropriate for the Service Provider - ul. Grenadierów 13/27, 04-052 Warsaw;

  5. the name of the bank and the Service Provider`s bank account number -

       mBank SA with headquarte in Warsaw

       PL 43 1140 2004 0000 3002 7996 7876 (payments in PLN)

       PL 65 1140 2004 0000 3812 1740 2830 (payments in EURO)

       PL 41 1140 2004 0000 3112 1740 2829 (payments in USD)

       SWIFT code: BREX PL PW MBK

 

3. Type and scope of services provided

  1. The Provider provides the following services via the Internet:

    • a) providing legal advice    

    • b) providing comprehensive services to business entities,

    • c) preparing  legal opinions and analyzes,

    • d) preparation of draft pleadings and contracts, regulations, statutes and resolutions,

    • e) providing representation at the stage of administrative, court and enforcement proceedings,

    • f) debt recovery at the pre-trial, court and enforcement stage.

 

 4. Conclusion and performance of a contract for the provision of legal services

  1. The procedure for concluding a contract between the Provider and the Recipient for the services specified in Chapter 3. paragraph 1 lit. a) - f), takes place according to the following chronology:

    • a) the Recipient formulates his expectations using the contact form available on the website or via e-mail and attaches the necessary documentation in this regard,

    • b) optionally - the Provider formulates a request for additional documents or presents supplementary questions,

    • c) the Provider makes a valuation of the service, which is marked in gross amount and indicates the date of service performance, if this date is foreseeable,

    • d) the Recipient sends the acceptance of the offer to the Service Provider`s e-mail address,

    • e) the Recipient receives the copies of the contract signed by the Service Provider and then sends one of the copies, after signing it, to the delivery address appropriate for the Service Provider,

    • f) the Recipient makes the payment of the agreed remuneration within 7 calendar days from the date of concluding the contract to the Service Provider`s bank account number and sends the transaction confirmation to the Service Provider`s e-mail address,

    • g) the Provider shall commence the performance of the service immediately after the receipt of the funds on the Service Provider`s bank account, except for the situations provided for in Chapter 9.

 

 5. VAT

  1. The Provider issues a VAT invoice to the Recipient after the funds are credited to the Provider`s bank account, on the last day of the month in which the funds are credited to the bank account.

  2. The service provider issues VAT invoices in electronic form without the Recipient`s signature.

  3. The Recipient accepts the sending of accounting documents (especially invoices, correction invoices, notes, correction notes) by means of electronic communication by the Provider.

  4. At the express request of the Recipient, the VAT invoice will be delivered by registered mail in paper form.

  5. The VAT invoice will be sent within 7 calendar days from the date of its issue.

 

 6. Provider`s rights and obligations

  1. The Provider provides services in accordance with generally applicable law and the Code of Advocate Ethics.

  2. The Provider undertakes, in particular, to keep secret the information obtained in the course of the service and to use it only for the proper performance of the contract.

  3. The Provider undertakes to perform the service with due diligence and in accordance with his best knowledge and professional experience, and taking into account the legitimate interest of the Recipient.

  4. The Provider has the right to refrain from providing the service until the Recipient provides the required information and documents.

 

7. Rights and obligations of the Recipient

  1. The Recipient, before using the services provided by the Provider, is obliged to read the content, accept and comply with the terms of the Regulations.

  2. It is unacceptable:

    • a) the use of the services provided by the Provider by the Provider in a manner that is inconsistent with the law, decency or that violates the Provider`s legitimate interests, in particular in the scope of the  Provider`s proprietary copyrights,

    • b) the provision of illegal content by the Recipient.

  3. The Recipient will cooperate with the Provider in the performance of the contract with due diligence, in particular, he will provide complete and correct documents and information necessary for the proper performance of the service on time agreed with the Provider.

  4. The Recipient is solely responsible for the veracity and completeness of the documents and information provided, as well as for the consequences of failure to provide the Provider with documents or information that were relevant in a given case.

  5. Before the service is valued by the Provider, the Recipient has the right to indicate conditions other than those contained in the Regulations, according to which he would like to conclude the contract.

 

8. The complaint procedure

  1. The Recipient has the right to lodge a complaint regarding the services provided by the Provider.

  2. The complaint should be submitted by the Recipient in writing to the delivery address appropriate for the  Provider or via e-mail to the Provider`s e-mail address.

  3. The complaint should contain the data of the Recipient submitting the complaint in a way that enables his identification, in particular:

    • a) name,

    • b) surname,

    • c) delivery address,

    • d) e-mail address.

  4. In addition, it is necessary to indicate the subject and scope of the complaint and its brief justification.

  5. The Provider undertakes to consider the complaint within 14 working days from the date of receipt of the complaint by the Provider.

  6. The Recipient will be informed about the method of considering the complaint by e-mail to the e-mail address provided by the Recipient.

 

  9. Withdrawal from the contract

  1. If the Recipient is a consumer or a natural person concluding a contract directly related to its business activity, and the content of this contract shows that it is not of a professional nature for that person, the Recipient is entitled to withdraw from the contract within 14 calendar days from the date of conclusion of the contract. without giving a reason and without incurring costs, subject to the situations provided for in paragraph 7 and 8.

  2. To meet the 14-day deadline, it is sufficient to send a statement of withdrawal from the contract before its expiry to the delivery address appropriate for the Provider.

  3. Withdrawal from the contract shall be made in writing, otherwise null and void.

  4. The declaration of withdrawal from the contract takes effect from the moment of its delivery to the Provider in a manner enabling the Provider to read its content.

  5. In the event of withdrawal from the contract, the Provider is obliged, not later than within 7 calendar days from the date of receipt of the declaration of withdrawal, to return to the Recipient all payments made by him, subject to the situations provided for in paragraph 7 and 8.

  6. The reimbursement is made by the Provider using the same method of payment as used by the Recipient, unless he agrees to a different method of reimbursement that does not involve any costs for him.

  7. The Recipients referred to in para. 1, have no right to withdraw from the contract, if the Provider performs the service before receiving the declaration of withdrawal from the contract, while the consent to the full performance of the service by the Provider before the expiry of the 14-day period for withdrawal from the contract is expressed by the Recipient making such a request in contact form or by means of electronic communication.

  8. In the event that the Recipient referred to in sec. 1, withdraws from the contract before the service is performed, despite the previously submitted request to start the service by the Provider before the 14-day deadline to withdraw from the contract, the above-mentioned Recipient is obliged to pay for the services provided by the Provider until withdrawal from the contract, in particular for reading the documentation, case analysis, preparation of a complete or partial legal advice, legal opinion, contract or pleading, etc.

  9. In the situation referred to in para. 8, the amount due to the Provider is calculated in proportion to the scope of the service provided, taking into account the amount of the agreed remuneration. The remaining amount, if paid by the Recipient, shall be refunded within 7 calendar days according to the method specified in paragraph 6.

 

 10. Termination of the contract

  1. The contract may be terminated as a result of the Provider and the Recipient submitting unanimous declarations of will in this regard.

  2. In the event of termination of the contract, the reimbursement of mutual benefits due to the Provider and the Recipient takes place in accordance with the principles set out in Chapter 9.

  3. Termination of the contract requires a documentary form. It is considered sufficient to send consistent declarations of the will to terminate the contract by the Provider and the Recipient by means of electronic communication.

 

 11. Terms of providing services by electronic means

  1. When using the services provided by the Provider, the Recipient is obliged to comply with and meet the following technical requirements:

    • a) have an Internet connection,

    • b) have access to a web browser that enables the display of documents on the website on a computer monitor (recommended Mozilla Firefox version at least 47.0, Opera from version 32, Google Chrome version 44.0 or newer or MS Internet Explorer version minimum 10.0 or newer), which provides support for cookies and Javascript. It is permissible to use other versions of web browsers if they ensure full compatibility with the versions mentioned above,

    • c) have an e-mail account,

    • d) have software that enables reading PDF files (eg Adobe Reader).

  2. In order to maintain the safety of using the services provided by the Provider, it is recommended that the device used by the Recipient has in particular:

    • a) an anti-virus system with the latest version of virus definitions and updates,

    • b) an effective firewall,

    • c) all available security-related updates to the operating system and web browser have been installed,

    • d) activated function of accepting cookies and Javascript in the web browser.

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12. Final provisions

  1. The Provider reserves the right to amend the provisions contained in the Regulations for an important reason.

  2. Amendments to the existing Regulations enter into force on the day they are announced on the Provider`s website, and all previous provisions in the scope of the changes made shall cease to apply.

  3. In the event that the Recipient does not consent to the amendment of the existing Regulations and the inclusion of the binding party in the contract with the provisions of the new Regulations, the Recipient should submit a declaration to the Provider refusing to consent to the amendment of provisions in the existing Regulations in writing under pain of nullity within 14 calendar days from notification by Provider about the changes to the Regulations. In this case, the content of the Regulations in force at the time of concluding the contract shall be binding.

  4. In the event of discrepancies between the provisions of the Regulations and the regulations contained in the contract concluded by the Provider with the Recipient, the provisions of the contract shall prevail.

  5. Settlement of any disputes arising between the Provider and the Recipient who is a consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

  6. Settlement of any disputes arising between the Provider and the Recipient who is not a consumer shall be submitted to the court having jurisdiction over the address of the Provider.

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