Terms and Conditions of the Website

We are giving you the document being the terms and conditions of providing services by electronic means as per the Polish Electronic Service Act of 18 July 2002.  Terms and Conditions of the Website  sets forth, among other things, the technical requirements for using the Online Store and the Website and the issue of ALWERO’s using electronic services by means of the Website, including the issue of using the User Account or the Newsletter.

PLEASE NOTE: 

The offer of services provided by ALWERO, including the Online Store is addressed solely to adults who possess a full capacity to perform acts in law.

Before expressing consent to using the “Newsletter” service, read these Terms and Conditions of the Website carefully.

Details on the terms of doing shopping at the Online Store, the processing of your personal data and the use of cookies are available at Website:

1. Complaint procedure: https://ealwero.com/procedura-reklamacji/ 
2. Privacy Policy: https://ealwero.com/polityka-prywatnosci/ 
3. Terms and Conditions of the Online Store: https://ealwero.com/regulamin/ 

If any of the provisions is unclear to you or evokes your doubts – feel free to contact us in person in our Stationary Store or via the contact details published on the Website (https://ealwero.com/).

GENERAL PROVISIONS 

1. The Website is owned by Alwero sp. z o.o. with registered office in Hecznarowice, ul. Krakowska 1 (Hecznarowice 43-330), tax ID no.: 9372666131, statistical ID no.: 243220390, share capital: PLN 7,071,500, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Economic Division, under number 0000456429 (hereinafter ALWERO). 
2. The terms used in the Terms and Conditions of the Website which have been defined in the Terms and Conditions of the Online Store or the Cookies Policy carry that same meaning.
3. Whenever the following terms appear in the Terms and Conditions of the Website:
   1. User – it means the Client who does shopping with the Account;
   2. Visitor – it means a natural person with a full capacity to perform acts in law who uses the Website or ALWERO’s Social Media Profiles;
   3. Service Recipient – it means the natural person concluding with ALWERO a contract of provision of Services as defined below.
   4. Services – it means free electronic services provided under the Terms and Conditions of the Website to Service Recipient by ALWERO in the form of the Newsletter or the User Account (to the exclusion of the conclusion of contracts of sale (doing shopping at the Online Store) which is regulated by the Terms and Conditions of the Online Store).
   5. PUSH Notifications – it means the WAP push messages which are received by the Visitor Device if such a function is enabled and which serve ALWERO for marketing purposes.
   6. Visitor Device – it means the Visitor’s computer or telecommunications device in the form of a smartphone, a tablet or another mobile device with Internet access intended for directly or indirectly connecting to the network terminal, i.e. an end telecommunications device as per Art. 2(43) of the Polish Telecommunications Law, via which the Visitor uses the Website, including the Newsletter, plug-ins for the Social Media or the Online Store. 
   7. Newsletter – it means the distribution service made available via the Website and provided by ALWERO by means of e-mail, which service allows the interested Service Recipients to automatically receive cyclical content of the successive editions of the newsletter containing information about ALWERO’s offer, the current promotions and marketing campaigns and information about the Stationary Store and the Online Store, contests, events and collections – rendered as specified in the Terms and Conditions of the Website.
   8. User Account – it means the User profile secured with the Password, kept by ALWERO, available via the Website and created through the process of Registration, which profile can be accessed via the Website by means of the e-mail address provided during the process of Registration and which functions as specified in the Terms and Conditions of the Online Store and these Terms and Conditions of the Website.
   9. Fanpage – it means ALWERO’s profile developed and moderated by ALWERO on Facebook at https://www.facebook.com/ALWERO/;
   10. Instagram Profile – it means ALWERO’s profile developed and moderated by ALWERO on Instagram at https://www.instagram.com/alwero_official/ 
   11. YouTube Profile – it means ALWERO’s profile developed and moderated by ALWERO on YouTube at https://www.youtube.com/channel/UC0Q9ye8qXOwGVHK1dHQEljQ 
   12. LinkedIn Profile – it means ALWERO’s profile developed and moderated by ALWERO on LinkedIn at https://www.linkedin.com/company/alwero/ 
   13. Social Media Profiles – it means jointly or separately ALWERO’s each profile on Instagram, LinkedIn, YouTube or the Fan Page.
   14. Comments – it means the opinions about ALWERO, the quality of customer service, the Goods or the run advertising campaigns published by users of the Social Media using ALWERO’s profiles.
4. Moreover, the Terms and Conditions of the Website specifies the terms of use of the Social Media Profiles, including the rights and obligations of the users of the Social Media Profiles, resulting from the willingness to actively use the available functions, including the function of publishing Comments.
5. ALWERO operates as per the effective law, including but not limited to the regulations on consumer right protection.
6. If any provisions of the Terms and Conditions of the Website are contrary to the legal provisions regulating consumer rights, they will not apply unless they can be interpreted in conformity with the law.

TECHNICAL REQUIREMENTS

1. The conditions for using the Website and the Services, including the Online Store, are as follows:
   1. that the Visitor accepts or modifies the settings concerning the use of cookies by ALWERO; for this purpose, we recommend reading the Cookies Policy.
   2. access of the Visitor to a device (Visitor Device) with active Internet access;
   3. access to electronic mail;
   4. Internet of at least 5 Mbps (recommended speed: 10 Mbps);
   5. Current version of the web browser being used;
   6. Visitor Device with at least 4 GB RAM;
   7. enabling the option of storing Cookies and of JavaScript support in the web browser.
2. The use of the Social Media Profiles, the Website and the Services, including the Online Store, entails the necessity of the Visitor or the Service Recipient to use the third party service of data transmission, available via a mobile telephone network or a Wi-Fi connection; therefore, the following must be borne in mind:
   1. ALWERO is not a provider of data transmission services or the telecommunications services rendered by the providers of publicly available telecommunications services;
   2. Any costs of connection and costs of using the Website and the Services, including the Online Store, related to data transfer through the Internet are borne by the person using such data transfer under separate contracts concluded with telecommunications operators or other providers of Internet access;
   3. ALWERO is not liable for the tariff charged for using the data transmission required for using the Website and the Services (including shopping and making payments in the Online Store) and recommends monitoring of such transfer when using the Visitor Device.
3. ALWERO is not liable for technical problems or technical limitations resulting from the properties or technical condition of the Visitor’s Device and from the telecommunications infrastructure it uses unless otherwise provided by applicable law.
4. Due to legal or technical reasons and taking into account the applicable rules and especially protection of consumer rights, ALWERO reserves the right to:
   1. withdraw or modify the functions available on the Website, including the Services and the Online Store, 
   2. stop the operation of the Website, the Online Store or stop the provision of the Services,
   3. suspend the operation of the Website or the Online Store and the provision of the Services – if possible, after placing a relevant notification on the Website. 
5. Suspending or cessation of the operation of the Website does not affect the Visitors’ rights acquired by the time of suspension or cessation, ones connected with the use of the User Account or the Online Store.

NEWSLETTER

1. The Service of the Newsletter is provided free of charge and for an unlimited time from the time of subscription to the time of resignation by the Service Recipient or the termination of the Service (including cessation of its provision) by ALWERO.
2. The Newsletter is sent not more frequently than once per 14 days.
3. To use the Service of the Newsletter, the Service Recipient should:
   1. order the Service of the Newsletter:
      1. via the form of the Newsletter on the Website; or
      2. during the Registration or the process of doing shopping at the Online Store;
   2. provide the real address of the Service Recipient’s electronic mail;
   3. give consent to receiving the Newsletter;
   4. confirm that they have read and accept the content of the Privacy Policy and the Terms and Conditions of the Website;
4. The subscription to the Newsletter is activated at the time of confirming by the Service Recipient of the willingness to subscribe by clicking on the activation link placed in the electronic mail sent by ALWERO to the e-mail address specified by the Service Recipient, entitled “Welcome to the ALWERO Newsletter”.
5. Subscribing to the Newsletter, the Service Recipient gives his consent to (places an order for) ALWERO’s sending marketing information as per the Polish Electronic Service Act of 18 July 2002 via the Newsletter to the inbox of the Service Recipient. Such a consent is required for ALWERO to use telecommunications end devices on which the Service Recipient uses the Newsletter for the purposes of direct marketing under Art. 172 of the Polish Telecommunications Law of 16 July 2004.
6. Each Newsletter contains a least:
   1. information of ALWERO as the sender of the Newsletter;
   2. a filled out “Topic” field specifying the content of the Newsletter;
   3. information about how to resign from the service of the Newsletter or change the e-mail address of the Service Recipient to which the Newsletter is sent.

7. Using the service of the Newsletter depends on meeting the technical conditions specified in the Terms and Conditions of the Website, including the Service Recipient’s possessing an active electronic mail account.
8. The Service Recipient can at any time, without giving reasons or sustaining any costs (except for any costs connected with the use of the Service Recipient’s Device, including data transmission), change the previously specified electronic mail address to which the Newsletter is sent or resign from the service of the Newsletter. Removing the Service Recipient’s data from the address base of the Newsletter is done immediately and is signalled by a message confirming that operation.
9. When using the service of the Newsletter it is forbidden to provide and forward any illegal content.
10. The provisions on the complaint procedure as regards the Website apply accordingly to the complaints regarding the service of the Newsletter.
11. The provisions on the unauthorized use (contrary to the Terms and Conditions of the Website) of the Social Media apply accordingly to the limitations in the use of the service of the Newsletter.

DATA TRANSMISSION AND CYBERSECURITY

1. As a rule, the use of services provided by electronic means may be associated with the risks (regardless of the taken steps and bearing in mind the nature of such services) incl.:
   1. the Service Recipient’s or the Visitor’s receiving spam, that is unsolicited commercial information sent by electronic means;
   2. the Service Recipient’s or the Visitor’s being subject to malware or sniffer software;
   3. the infection of the Service Recipient’s or the Visitor’s Device with computer viruses.
2. Accepting the Terms and Conditions of the Website, the Service Recipient or the Visitor declares that they are aware of the risks associated with the use of services provided by electronic means and, despite this, decides to use the Services provided in such a manner.
3. ALWERO informs that there are no antivirus systems which have a 100% efficiency in detecting computer viruses, and so in order to increase security, ALWERO recommends the Service Recipients and the Visitors to use a currently updated antivirus software on each device via which the services of their electronic mail are used and via which they use the Website. 

COMPLAINTS

1. ALWERO examines complaints relating to the operation of the Website, the technical aspects of the Online Store, ALWERO’s Social Media Profiles and the provided Services within 14 calendar days from the day when complaints are received and immediately informs the Consumer (along with justification):
   1. whether it upholds the complaint;
   2. how it is going to handle it;
   3. that there are no grounds for upholding the complaint. 
2. The procedure of handling complaints relating to the Goods is an integral part of the Terms and Conditions of the Online Store, which has been explained – for your convenience – in a separate document.
3. ALWERO makes every effort to ensure proper and continuous operation of the Website and continuous provision of the Services. 
4. Complaints relating to the operation of the Website, including the Online Store and the service of the Newsletter, can be filed by the Visitor by e-mail at shop@ealwero.com  

PUSH NOTIFICATIONS

1. The Website features PUSH notifications.
2. Using PUSH notifications is voluntary and is subject to the observance of the principles specified in the Privacy Policy and the Terms and Conditions of the Website.
3. The Visitor can receive PUSH notifications directly to the Visitor Device or can block this function in the settings of their web browser (e.g. https://support.mozilla.org/pl/kb/powiadomienia-web-push-firefox or https://support.google.com/chrome/answer/3220216?co=GENIE.Platform%3DDesktop&hl=pl).
4. PUSH notifications are marketing information about the ALWERO brand and offer, the Website ad its operation.
5. To receive PUSH notifications, the Visitor Device should have access to the Internet.
6. PUSH notifications are regulated by the Terms and Conditions of the Website in the part concerning the use of the Website when the Visitor uses a third party service of data transmission made available through a mobile telephone network or a Wi-Fi connection.
7. A PUSH notification is presented on the Visitor Device in the form of a notification displayed on the Website.

SOCIAL MEDIA PROFILES

1. The Social Medial Profiles the plug-ins to which can be found on the Website do not serve as a means of contact with ALWERO (for exercising the Clients’ or Service Recipients’ rights), except any marketing campaigns which expressly specify such a model of contact.
2. The official contact channel are the contact details provided on the Website in the Contact tab (https://ealwero.com/).
3. The Social Media Profiles serve for ALWERO to establish and build positive relations with the supporters of the Brand, further its marketing policy, provide information messages, organise any contests and carry out branding.
4. The users of ALWERO’s Social Media Profiles cannot:
   1. publish posts or comments which:
      1. may be regarded as spam;
      2. are of vulgar, erotic or pornographic nature,
      3. offend religious beliefs;
      4. call for racial or ethnical hatred;
      5. contain offensive or untrue information;
      6. encourage violence and hate in any manner; 
      7. are a mean of marketing the goods or services of the Visitor or any third party;
      8. viii.infringe third party rights in any manner;
      9. contain any materials that are contrary to the law;
   2. publish any content obtained unlawfully or infringing third party rights in any manner;
5. ALWERO is authorised and obliged to remove posts and Comments contrary to the Terms and Services of the Website without warning.
6. The users of ALWERO’s Social Media Profiles are liable for the content of their Comments and posts which they publish on ALWERO’s profiles – as per the effective provisions of the law and the terms arising from the internal regulations of all Social Media.
7. By publishing a Comment in the form of a photo, the individual responsible for such publication declares that he is the author of the photo and he has full moral rights and proprietary rights to it.
8. ALWERO has a right to remove a published photo if:
   1. the photo contains the image of any individual;
   2. the photo has been published in violation of the Terms and Conditions of the Website.
9. Any photos published in ALWERO’s Social Media Profiles are available for other users of that profile and ALWERO does not have any influence on blocking such access or preventing downloading such a photo to the devices of such other users.
10. A photo published on ALWERO’s Social Media Profile can be at any time removed by the person who has published it.

PERSONAL DATA

1. An integral part of the Terms and Conditions of the Website is the Privacy Policy, which you can access via the “Privacy Policy” tab on the Website at https://ealwero.com/polityka-prywatnosci/ and which has been published as a separate document for your convenience.
2. ALWERO informs that the personal data of the Visitors and the Service Recipients will be processes solely for the purpose and on the terms specified in the Privacy Policy.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

1. The Visitor can use the Website and ALWERO’s Social Media Profiles solely for their own personal use and for use of the services provided by ALWERO, including shopping in the Online Store.
2. ALWERO possesses all intellectual property rights to the Website (all content published on it) as a whole and to its individual component parts; therefore, using the said pieces of work in a manner or for purposes at variance with the Terms and Conditions of the Website or the effective provisions of law is prohibited and results in liability towards ALWERO.
3. All photos, videos and images of the Goods and their descriptions published on the Website or ALWERO’s Social Media Profiles are the property of ALWERO and cannot be used for any other purpose unless ALWERO gives its consent in writing. The same applies to any forms, terms and conditions, the privacy policies, the cookies policy or the complaint procedure.
4. The copyright protection also covers the software (including the source code) which is the basis for the Website and its interface (the graphic and functional layer displayed on the Visitor Device) as well as any graphic and multimedia components and creative functional components.
5. The copyright protection also covers new versions, modifications and updates, adaptations and other changes of the above pieces of work.

OUT-OF-COURT EXAMINATION OF COMPLAINTS AND ASSERTION OF CLAIMS

1. The Visitor can make use of out-of-court ways to examine complaints and assert claims. These include:
   1. Mediation – carried out by the Voivodeship Inspectorates of Commercial Inspection (WIIH) and their branches (e.g. http://www.krakow.wiih.gov.pl/Content/Page/podstawowe_informacje);
   2. Permanent consumer courts of arbitration attached to WIIH;
   3. Local (poviat) consumer ombudsmen (https://www.uokik.gov.pl/pomoc.php);
   4. ODR platform – the access point for consumers and entrepreneurs for alternative resolution of consumer disputes concerning online transactions at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL;
2. The detailed information on the terms of access to out-of-court examination of complaints and assertion of claims is published on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.

FINAL PROVISIONS 

1. The governing law for all legal relations arising from the Terms and Conditions of the Website the parties to which are business Clients is the Polish law. 
2. The governing law for all legal relations arising from the Terms and Conditions of the Website the parties to which are the Consumers or entrepreneurs to whom the Consumer Regulations are applied is the law arising from the provisions of normative acts in vigour in this respect. 
3. The content of the Terms and Conditions of the Website can be obtained, restored and recorded free of charge via the Website (tab: Terms and Conditions of the Website) at any time.
4. ALWERO reserves the right to amend the Terms and Conditions of the Website (hereinafter the Amendment).
5. If the Amendment is made, ALWERO is obliged to notify of its content and scope at least 14 calendar days before the day on which it enters into force.
6. If the necessity to introduce the Amendment results from:
   1. the necessity to adapt the content of the Terms and Conditions of the Website to the generally applicable provisions of the law;
   2. a change in the appearance of or addition of new functions to the Website, which Amendments do not affect the current rights and obligations of the User Parties or the Service Recipients negatively;
   3. the necessity to update the Website, adapt it to the current level of technical knowledge, including infrastructure optimisation;

ALWERO will be released from the obligation to meet the time limit for the notification as specified in section 5 above and, simultaneously, will be entitled to make a due notification solely through an appropriate announcement on the Website.

7. Subject to section 6 above, ALWERO notifies the Service Recipients of the Amendments via an e-mail sent to the address used to provide the Service and notifies other Visitors in the form of PUSH messages displayed in the time limit specified in section 5 above when launching the Website and in the tab of the Website entitled TERMS AND CONDITIONS OF THE WEBSITE.
8. If individual provisions of the Terms and Conditions of the Website are found invalid or ineffective as a matter of the law, it will not affect the validity or effectiveness of the balance of the Terms and Conditions of the Website.
9. The provisions of the Terms and Conditions of the Website apply taking into account the absolutely effective norms regulating the legal relations with the Consumers.
10. The announcement of amendments will include a list and date of the amendments.
11. Any amendments to the Terms and Conditions of the Website enter into force 14 days from their announcement in the manner specified in the previous sentence.
12. The above Terms and Conditions of the Website are effective as of 25/02/2021.