Terms and Conditions of the Website WWW.BI-POLSKA.PL
§ 1. GENERAL PROVISIONS
1. These Terms and Conditions (the “Terms") set out the rules for the use and operation of the website available at www.bi-polska.pl (the "Website").
2. The Site is operated by Develia Vita sp. z o.o. (formerly Bouygues Immobilier Polska sp. z o.o.), with its registered office in Warsaw, Rondo ONZ 1, Rondo 1 Building - 24th floor, 00-124 Warsaw, entered in the Register of Entrepreneurs of the National Court Register, whose registration files are kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under the number KRS: 0000023187, NIP: 5272321100, with share capital: PLN 38 000 000,00, having the status of a large entrepreneur within the meaning of Article 4 point 6 of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions (hereinafter "BIP").
3. The Website may be used by any natural person (hereinafter "the User").
4. The use of the Website is voluntary. The access to the Website is free of charge, and the only costs incurred by the User in connection with the use of the Website are the costs of Internet connection to the server where the Website is located, the amount of which depends on the duration of the connection and the rate applied by the operator of the network used by the User.
5. The text of the Terms and Conditions is available on the Website. The Users have access to these Terms and Conditions at any time and may download, record and print them.
6. The condition of using the Website is to read and accept these Terms and Conditions and compliance with the rules set out herein.
7. The User by using the Website declares and confirms that he/she is familiar with the content of these Terms and Conditions, accepts their provisions and agrees to comply with them.
§ 2 WEBSITE CONTENT
1. The sole purpose of the Website and the information contained therein is to provide general information about BIP, the investments carried out by BIP and the apartments and commercial premises offered by BIP.
2. The information presented on the Website, including pricing information, visualizations and models of buildings and apartments are for illustrative purposes only and do not constitute an offer within the meaning of the Civil Code, but an invitation to enter into an agreement. The final appearance of the buildings and land development may be slightly changed during the execution stage. Information about the standard of construction of the buildings and land development around the buildings is available in the sales offices.
3. BIP makes every effort to ensure that the data contained on the Website is complete and up-to-date; however, due to customers’ interest, the availability of apartments and commercial premises is subject to constant change. Due to the informational nature of the website, the Users of the Website who wish to obtain detailed information regarding the offer, including the availability of particular apartments or commercial premises, are requested to contact directly any BIP sales office.
§ 3 TECHNICAL CONDITIONS OF USING THE WEBSITE
1. Using the Website requires the User to have access to the following tools and to meet jointly the following technical conditions:
a) having a device with a minimum screen resolution of 360px providing access to the Internet with a bandwidth of at least 1Mb/s
b) using one of the following web browsers:
c) using one of the following operating systems on a mobile device, if the User is accessing the Website using a mobile device:
§ 4. ELECTRONIC PROVISION OF SERVICES
1. As part of the Website, BIP provides services electronically within the meaning of the Act of 18 July 2002 on Electronic Provision of Services (Journal of Laws of 2020, item 344) (hereinafter "the Services").
2. The Services offered by the Service Provider include:
a) making available and displaying on the User’s individual request the content and materials posted on the Website,
b) replying to the User's comments, questions and requests sent via the contact form on the Website (hereinafter "the Contact Form"),
c) allowing the Users to receive commercial information on the User’s individual request (hereinafter "the Commercial Information"),
d) enabling the Users to receive marketing information after obtaining the User's consent,
e) arranging meetings (including online meetings) and phone calls with BIP representatives by means of the Contact Form,
f) reporting defects in premises,
g) possibility of adding apartments selected by the User to the "Clipboard" tab and sending e-mails with links (hyperlinks) to particular pages presenting the selected apartment.
3. BIP states that in order for the User to book an apartment or commercial premises in a BIP investment, it is necessary to sign a separate booking agreement. Sending information through the Contact Form about the intention to book an apartment or commercial premises by the User is not equivalent to concluding a booking agreement.
4. BIP is entitled to provide through the Website Services other than those specified in section 2 above, the type and principles of which will be defined separately in the terms and conditions of such services.
5. The Agreement for the provision of the Services is concluded at the moment the User starts using the Services, with the reservation that Commercial and marketing information will be sent by BIP after the User completes the appropriate form and gives his/her consent.
6. The period for which the Agreement for the provision of the Services is concluded:
a) the agreement for the provision of the Service consisting in enabling the User to send a message via the Contact Form is concluded for a definite period of time and is terminated as soon as the message is sent or the User ceases to send it.
b) the agreement for the provision of the Service consisting in receiving commercial or marketing information is concluded for an indefinite period of time.
7. The agreement for the provision of the Service consisting of making the content available and displaying it on individual requests of the User expires at the moment of the User's termination to use the said Service.
8. BIP shall have the right to terminate the agreement for the provision of the Services of continuous and unlimited duration, e.g. sending commercial or marketing information:
a) in case of violation by the User of any of the provisions of the Terms and Conditions,
b) in case the User requests BIP to delete any personal data necessary for the provision of the Services within the Website.
9. 9. The User may at any time resign from receiving Commercial or Marketing Information by sending an e-mail to: marketing@bi-polska.pl or in writing to the address of BIP's registered office. Resignation is tantamount to termination of the agreement for electronic provision of services concerning Commercial or Marketing Information.
10. In the Contact Form, the User is obliged to provide his/her true personal data and state the question, remark or request addressed to BIP.
§ 5 RIGHTS AND OBLIGATIONS
1. The User is obliged to use the Website in accordance with applicable law, social norms and customs and the provisions of the Terms and Conditions.
2. The User is obliged not to submit via the Contact Form available on the Website:
a) false personal data, including personal data of another person,
b) any content that is illegal,
c) any content violating good morals or infringing on third parties’ rights (in particular any content that is offensive, vulgar or violating anyone's personal interests).
3. The content and materials posted on the Website are the property of BIP or other persons or legal entities and are protected by intellectual property rights and other provisions of the Polish law. The Users have the right to browse the Website and print or save files with the content and materials posted on the Website solely for their own personal use, provided that they do not remove from such printouts or files any copyright or other rights notices, or any other annotations made by BIP or any other authorised entity.
4. The visualisations and models of a building and apartments presented on the Website are for illustrative purposes only and do not constitute an offer within the meaning of the Civil Code. The final appearance of the buildings and land development may be slightly modified during the execution stage. Information about the standard of construction of the buildings and land development around the buildings is available in BIP sales offices.
5. Copying, displaying or transmitting the materials published on the Website in any other manner on other media is prohibited. The User agrees not to change, sell or distribute materials contained in the Website in any other way and on any other media, including transmitting and making them available in computer systems and networks or any other ICT systems.
6. Trade names or other individualizing signs, including graphics placed on the Website, which are protected trademarks, are subject to protection under the provisions of the Industrial Property Law of 30 June 2000 (Journal of Laws of 2020, item 286), and any use of them may only take place with the prior written consent of the authorized parties.
§ 6 COMPLAINTS
1. Any complaints regarding functioning of the Website, including those regarding the Services, can be submitted by sending an e-mail to the following address: marketing@bi-polska.pl or by mail to the address of BIP’s registered office.
2. A complaint should include: name, surname, correspondence address or e-mail address of the User, description of the subject of the complaint, including identification of the request and its justification.
3. Complaints shall be considered within 14 days of their receipt. BIP shall notify the complaining User of the decision regarding the complaint in the same manner in which the complaint was sent to BIP.
§ 7 PERSONAL DATA
1. BIP may collect personal data from the Users via the Website.
2. More information on privacy policy and data protection procedures can be found in the Privacy Policy available on the Website.
§ 8 PERSONAL DATA
1. Any comments, remarks and inquiries regarding the Website should be sent to BIP using the Contact Form available on the Website.
2. BIP reserves the right to amend the provisions of the Terms and Conditions. The Users will be notified of any amendments to the Terms and Conditions within 7 days before the amendments come into force through the publication of the consolidated text of the Terms and Conditions on the Website. In case of any amendments to the Terms and Conditions, the continued use of the Website is a declaration of intent by the User signifying acceptance of the amendments to the Terms and Conditions.