I. General information

  1. The www.products.pcc.eu portal is an online service of a purely informational nature regarding products and services of PCC Rokita SA and related companies that are part of the PCC Group.
  2. These Regulations regulate the terms of using the website www.products.pcc.eu by Internet users. Using the Website requires the acceptance of the entire Regulations. It is not subject to negotiations. Lack of consent to any of the provisions of the Regulations means the inability to use the entire Website. Ignorance of the Regulations does not exempt its application.
  3. The service is available to every Internet user. Access to some parts of the Website requires registration and providing personal data.
  4. The operator of the Website is PCC Rokita SA, 4 Sienkiewicza Street, 56-120 Brzeg Dolny, included in the Companies Register of the District Wroclaw-Fabryczna in Wroclaw, 9th Commercial Department of the National Court Register under number 0000105885, NIP 917-000-00-15, REGON 930613932, with share capital PLN 19.853.300, paid in full; contact e-mail: products@pcc.eu.
  5. The content of the Website and information sent as part of the Electronic Services, including in response to the User’s inquiry, is for information purposes only, is not legally binding and does not constitute a commercial offer, including within the meaning of art. 66 § 1 of the Civil Code, and only an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code, addressed to the User.
  6. The use of the Website requires that the end device and IT system used by the User meet the Technical Requirements.
  7. The Website Operator respects the right to the protection of personal data. The Personal Data Controller is PCC Rokita SA with its registered office at 4 Sienkiewicza Street, 56-120 Brzeg Dolny. Personal data is processed by the Controller in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repeal of Directive 95/46 /EC (Official Journal No. 119, page 1) to set up a Profile, use certain Electronic Services, and marketing and sales of PCC Rokita SA’s own products and services as well as marketing of products and services of related entities that are part of the PCC Group.

II. Definitions

  1. Whenever the below mentioned terms written with a capital letter are used in the preceding or subsequent part of the Regulations, they should be understood in the following sense unless the context of their use clearly shows otherwise:
    1. Password – a string of characters necessary to authorize when accessing the Profile, which is specified by the User during the registration of the Profile. The password can be changed in the Profile settings. The Service Provider may provide the User with the possibility of recovering a forgotten Password in a manner specified within the Website;
    2. Civil Code – Civil Code Act of April 23, 1964 (Journal of Laws of 2014, item 121, as amended);
    3. Login – the User’s e-mail address provided on the Website during the registration of the Profile;
    4. Newsletter – Electronic Service, which enables all users of the Service to receive periodic information from the Service Provider, in particular about the products or services of the Service Provider and, depending on the consent granted, also products or services of entities belonging to the PCC Group, to the User’s e-mail address, with the consent of the User;
    5. Profile – Electronic Service; space made available to the User on the Website in accordance with the Service Provision Agreement, allowing the User to use additional functionalities / services. The user gains access to the Profile using Login and Password. The User logs in to his Profile after registering on the Website;
    6. Clipboard – Electronic Service consisting in particular in enabling the User to easily select the products of interest displayed on the Website and display them in one place in order to facilitate browsing, inquiries of the Service Provider about the product etc.;
    7. Website – an information platform on the products and services of the Service Provider and entities included in the PCC Group, maintained by the Service Provider, constituting a set of interconnected websites, available via the URL https://www.products.pcc.eu;
    8. Content – text, graphic or multimedia elements (e.g. information about products / services, photos, descriptions, comments) including works within the meaning of the Copyright and Related Rights Act, which are posted or disseminated (disclosed) as part of the Website by respectively, the Service Provider, contractors of the Service Provider, entities included in the PCC Group, the User or another person using the Website;
    9. Service Provision Agreement / Regulations – this document defining the principles of providing and using free Electronic Services offered by the Service Provider via the Website to Users. The Regulations define the rights and obligations of the Service Provider and the User. These Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended); the content of the Regulations is available at www.products.pcc.eu/en/terms-of-service/, also in PDF format;
    10. Electronic Service – provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), by the Service Provider to the User through Website, in accordance with the Service Provision Agreement. In terms of services provided by entities cooperating with the Service Provider, relevant provisions regarding the rules of using these services are included in the regulations regarding the provision of services by these entities. Access to some services may be limited due to the need for additional verification of the User;
    11. Service Provider – PCC Rokita SA seated in Brzeg Dolny (56-120) at 4 Sienkiewicza Street, included in the Companies Register of the District Wroclaw-Fabryczna in Wroclaw, 9th Commercial Department of the National Court Register under number 0000105885, NIP 917-000-00-15, REGON 930613932, with share capital PLN 19.853.300, paid in full;
    12. User – a natural person, legal entity and organizational unit referred to in art. 331 § 1 of the Civil Code, conducting business or professional activity on its own behalf (entrepreneur);
    13. Technical requirements – minimum technical requirements, the fulfilment of which is necessary to cooperate with the ICT system used by the Service Provider, including the conclusion of the Service Provision Agreement, i.e. having a computer or other device connected to the Internet, equipped in particular with one of the following internet browsers (in indicated or newer versions): Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher that supports JavaScript, and allows you to save cookies. In order to register, the User must have a valid / active e-mail address, as well as in certain cases a keyboard or other pointing device that enables the electronic forms to be completed correctly.

III. Electronic Services

  1. 1. The Service Provider provides through the Website, in particular, the following free Electronic Services for Users:
    1. Profile;
    2. enabling users to view Content posted on the Website;
    3. enabling Users to post questions regarding products presented on the Website;
    4. enabling the use of the Clipboard service
    5. Newsletter.
  2. 2. Registration on the Website is required to access the following additional free electronic services:
    1. enabling customers to browse product technical cards or send questions on this subject, as well as to receive specific, personalized information content from the Service Provider;
    2. maintaining the User’s session after logging in to the Profile (via the browser).
  3. Registration consists of:
    1. completing the form and accepting the Regulations;
    2. clicking the “Register” button.
  4. The contract is concluded when the User receives confirmation of its conclusion sent by the Service Provider to the e-mail address provided by the User during the registration process. The Profile service is provided for an indefinite period. The profile can be deleted at any time at the User’s request by sending a request by e-mail to the following address: products@pcc.eu or in writing to the address Brzeg Dolny (56-120), ul. Sienkiewicza 4, Poland, without giving a reason. The User may resign from using the Electronic Services at any time in any form, unless the form results from these Regulations.
  5. The Profile may be temporarily blocked, completely blocked or removed by the Service Provider in the event of a breach of these Regulations by the User. In this case, the User has no right to register another Profile. The Service Provider may terminate these Regulations at any time in any form with immediate effect, without the User’s right to compensation.
  6. The use of the Clipboard service begins with the User adding the first product presented on the Website to the Clipboard.
  7. In order to start providing the Newsletter service, the User must provide his e-mail address in the appropriate field on the Website. The User may, at his own discretion, consent to the processing of his personal data by the Service Provider, i.e. the processing of the given e-mail address for marketing purposes of products or services of entities included in the PCC Group. In this case, the Newsletter service will also be able to contain information about products or services of entities belonging to companies from the PCC Group.
  8. The newsletter is provided for an indefinite period. The User may, at any time and without giving any reason, unsubscribe from the Newsletter (resignation), in particular by sending such a request to the Service Provider, in particular via e-mail to the following address: products@pcc.eu or in writing to Brzeg Dolny ( 56-120), ul. Sienkiewicza 4, Poland.
  9. The user is obliged in particular to:
    1. use the Electronic Services and the Website in a manner consistent with applicable law, provisions of the Regulations, in particular with respect for intellectual property rights, as well as with customs, principles of community life and morality adopted in the given area; This is to protect the interests of users and third parties
    2. use Content posted on the Website only for its own, non-commercial use, at its own risk. Any use of Content contained on the Website that goes beyond the above scope, including copying, transferring, processing, public sharing, is prohibited;
    3. provide only true, current and all necessary data in forms;
    4. to immediate update of all data, including personal data, provided in connection with the conclusion of the Service Provision Agreement, in particular to the extent necessary for its proper performance;
    5. to refrain from providing, transmitting or disclosing on the Website any Content prohibited by the provisions of applicable law, in particular Content violating any rights of third parties, including their personal rights;
    6. to refrain from taking actions such as:
      • sending or posting on the Website unsolicited commercial information or placing any content that violates the law (prohibition of placing unlawful content);
      • undertaking IT activities or any other activities aimed at entering into possession of information not intended for the User, including data of other Users, or interference in the rules or technical aspects of the Website operation;
      • unauthorized modification of the Content provided by the Service Provider, contractors of the Service Provider or entities included in the PCC Group, in particular descriptions of products or services disclosed on the Website.

IV. Complaints

  1. The User has the right to file complaints about Electronic Services within 2 days from finding the irregularity.
  2. The User may submit a complaint to the Service Provider in writing or in the form of an e-mail sent to the following address: products@pcc.eu. Filing a complaint requires, on pain of nullity, a comprehensive description of the reasons justifying the complaint, information and circumstances regarding the subject of the complaint, in particular the type and date of irregularity, the User’s request and the contact details of the complainant.
  3. The Service Provider undertakes to consider any correctly submitted and full complaints within 14 business days from the date of receipt of the complaint by post or email.
  4. In any case, the lack of response to the complaint is tantamount to rejecting the complaint.

V. Change of Regulations

  1. The Service Provider may change the Regulations in case of at least one of the following important reasons (closed catalogue):
    1. change of law or interpretations regulating the provision of electronic services by the Service Provider;
    2. the need to adapt the Service Provider’s activities to orders, judgments, decisions or guidelines resulting from:
      • decision of the public administration body competent in the scope of the Service Provider’s activity, or
      • a court judgment applicable to the Service Provider’s business;
    3. changing the way of providing services electronically by the Service Provider due to technical or technological reasons;
    4. change in the scope or principles of providing services provided by the Service Provider electronically, to which the provisions of the Regulations apply, in particular by introducing new functionalities, modifying or withdrawing by the Service Provider the existing functionalities or services covered by the Regulations;
    5. merging, splitting or transforming the Service Provider or changing other identification details of the Service Provider specified in the Regulations.
  2. In the event of changes to the Regulations, the Service Provider shall provide a uniform text of the Regulations by its publication on the Website and, in relation to Users who have a Profile, via a message sent to the e-mail address provided by the User, which the parties consider to be information about change via electronic communication in such a way that the User can become familiar with its content.
  3. The amendment to the Regulations comes into force on the day of its announcement, and in relation to the Users who have created the Profile, 14 days after the date of sending the information about the change. Users with a Profile have the right to terminate the Service Provision Agreement within 14 days from the date of notifying them of the change in the Regulations.

VI. Liability

  1. The use of the Website, including the use of posted Content to the extent permitted by these Regulations, takes place exclusively at the expense and sole risk of the User.
  2. The User is liable for his or hers actions inconsistent with the Regulations or the law, taken while using the Website, such as attempts to break in, modify someone else’s content, and post content that violates applicable law or these Regulations. The User is obliged to cover all losses and costs of damage caused as a result of his or hers actions or omissions and to satisfy claims of third parties, including state authorities, also brought before the court, directed against the Service Provider, and related to User’s actions inconsistent with the Regulations or the law. The User shall, as far as possible, release the Service Provider from any liability towards such third parties.
  3. The Service Provider is not liable for any consequences of the User’s use of information obtained through the Website.
  4. The Website Operator cannot guarantee that information sent via the Internet will reach the user in a flawless, complete and full form. The Website Operator makes every effort to ensure that it is free of defects, but its operation is not guaranteed in any respect, including any interruptions in operation, software defects, methodical and substantive errors, accuracy and usefulness of the information provided. The Website Operator makes every effort to ensure that the presented content, especially the numerical data, is correct. It should be understood that they are processed and presented automatically by the Website software, therefore, in the event of an error, it may take some time before it is corrected.
  5. Neither the Service Provider nor its employees, authorized representatives and proxies shall be liable to the User, his subcontractors, employees, authorized representatives and / or proxies for any damage, including loss of profits, unless the damage was caused intentionally by them.
  6. In any case of determining the liability of the Service Provider, its employees, authorized representatives and / or plenipotentiaries, the liability to the User, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of one thousand zlotys.
  7. Provisions of paragraphs 7 and 8 above also apply after the expiration of the Service Provision Agreement, and after its termination or withdrawal from it, by either party.

VII. License

  1. The content on the Website is protected in particular by the Copyright Act. This applies to individual, independent works, such as texts, photos, graphics, and the way they are presented in the graphic layout.
  2. All trademarks and logos appearing on the Website, regardless of whether they have been registered, are subject to legal protection under the rules provided within the relevant regulations.
  3. Exclusive rights to all Content provided / posted on the Website by the Service Provider, its contractors or entities that are part of the PCC Group, in particular copyrights, the name of the Website (trademark), graphical elements, software, domain rights and databases are available to the Service Provider or entities with whom the Service Provider has concluded relevant agreements. Users are entitled to use the above-mentioned Content as well as the use of Content posted in accordance with the law and already shared by other Users on the Website, exclusively for personal non-commercial use, and solely for the purpose of proper use of the Website. Any use of the Content included on the Website that goes beyond this scope, including copying, transmission, processing, public sharing, is prohibited, unless the authorized entity agrees to such action in writing, under the pain of nullity.

VIII. Final Provisions

  1. The Regulations are valid from 25/05/2018.
  2. In matters not covered by these Regulations, the provisions of Polish law shall apply, and the competent courts shall be common courts in the Republic of Poland, unless something else results from the mandatory provisions of law. Any disputes between the Service Provider and the User shall be submitted to the court having jurisdiction over the seat of the Service Provider.
  3. The Service Provider provides technical and organizational measures appropriate to the degree of threat to the security of functionalities or Electronic Services provided under the Service Provision Agreement. The use of Electronic Services is associated with typical risks related to the transmission of data via the Internet, such as their dissemination, loss or access to them by unauthorized persons.
  4. The Service Provider informs that the use of the Website via a web browser, as well as establishing a telephone connection in cases specified in the Regulations may be connected with the need to incur costs of connection to the Internet (data transfer fee) or telephone connection costs, according to the tariff rates of the service provider used by the User .
  5. The transfer of rights under the Service Provision Agreement by the User to third parties requires prior written consent under the pain of nullity of the Service Provider’s consent.
  6. The parties hereby declare that the mutual relations exclude the application of art. 661 § 1-3 of the Civil Code.
  7. The parties, as entrepreneurs, consider all provisions of the Regulations as valid and binding. If any provision of the Regulations proves to be invalid or unenforceable, it shall not affect the validity of the remaining provisions of the Regulations, unless the Service Provider would not have concluded a Service Provision Agreement without these provisions.