I.  General information about the Platform

 

  1. The internet platform at mamczur.com and innovation-advocate.com is run by Adwokat Joanna Mamczur – Kancelaria Adwokacka, Rondo ONZ 1/ Poziom 10, 00-124 Warsaw, Poland, NIP (tax ID) 7272594655, contact: office @ mamczur.com, operating under the commercial brand of “Mamczur Law Firm” (hereinafter: “Law Firm”). The Law Firm is owned by Joanna Mamczur, attorney-at-law (adwokat), and is registered with the District Advocacy Bar (Okręgowa Rada Adwokacka) of Warsaw.
  1. These Terms and Conditions set out the rules for using the internet platform at the electronic address mamczur.com (hereinafter: the Platform), which is used for the presentation of the Law Firm in the context of business, law services, education and activities pertaining to the non-profit activities of the Law Firm’s team.
  1. Terms of Service are subject to individual contractual arrangements with respective Clients, especially in relation to the scope of cooperation and the financial terms and conditions of rendering services. The agreement on rendering legal services may only be explicit and clearly confirmed by the Law Firm’s owner, Ms Joanna Mamczur and a duly authorized representative of the User. For detailed information on principles of cooperation – please contact us directly by email at office @mamczur.com or by phone at +48 790 250 950.
  1. As a matter of general principle, we render services on the B2B (business-to-business) market for corporations and entrepreneurs in relation to commercial law and we do not render advisory services in individual personal cases. The core legal services of the Law Firm consist of laws of the Republic of Poland and of the European Union.
  1. The information included on the Platform should be read as a general information only and may not in any case be construed as legal advice. All cases requiring legal advice must be consulted individually based on the agreement on legal services concluded with the Law Firm, directly with the owner of the Law Firm or the person indicated by the owner of the Law Firm based on the agreement.

II  PLATFORM USERS

 

  1. The User is any natural or legal person familiarizing themselves with the information available on the Platform.
  1. Each User is obliged to comply with the provisions of these Terms and Conditions from the moment they take steps to use the Service offered by the Law Firm, with particular emphasis on the start of data transmission.
  1. For proper use of the Platform, it is recommended to use the latest versions of web browsers, such as Google Chrome, Firefox, Opera, Internet Explorer version 7.0 or higher or their equivalents, i.e. web browsers enabling the display on the User’s computer screen of hypertext (HTML) documents made available on the Internet via the WWW service. It is recommended that the electronic equipment used to use the Platform (desktop, laptop, tablet, smart phone with internet access etc.) should be equipped with the operating system recommended by the manufacturer, taking into account system updates necessary for its proper operation. A continuous and undisturbed internet connection is necessary for the website to function properly.
  1. The Law Firm’s offer is addressed primarily to business clients (hereinafter: Business User). The services may be rendered in writing, in person or electronically (incl. remote communication via phone, internet, esp. emails and communicators).
  1. The Business User is an entrepreneur concluding a cooperation agreement with the Law Firm in the scope of their business activity and/or in connection with business law services.
  1. The Private User is the consumer within the meaning of art. 221 of the Polish Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93), i.e. the User concluding an agreement with Mamczur Law Firm within the scope not related directly to the commercial/professional activity or to the business activity conducted by them. The Law Firm is not intentionally addressing its offer to Private Users and reserves itself the right to assess case by case is a separate cooperation agreement may be concluded with such a User..
  1. Events or courses offered through the Platform may be paid or unpaid. Detailed conditions, rules of participation and information about registration and payment are specified each time in the description of the event or service made available on the Platform. If you have questions about the offer, you can contact the Law Firm by e-mail at office@mamczur.com, by phone at +48 790 250 950 or via the contact form available on the Platform under the “Contact” tab.
  1. The User may not impersonate other persons or disclose their registration data to other persons, except for persons duly authorized by the User to act on their behalf. The User is obliged to (i) provide truthful and not misleading information about themselves, their business and their legal case and (ii) to comply with applicable law and respect all third party rights.
  1. The contact initiated by or on behalf of a legal person and/or an organizational unit without legal personality, as well as all further activities regarding these entities on the Platform, can be made by a person who is authorized to perform on their behalf all the activities required for the effective conclusion of the contract between them and the Law Firm.
  1. The payments for the services rendered by the Law Firm are made by the User to the bank account indicated in an invoice or a pro forma invoice issued by the Law Firm.
  1. In the case of inquiries from Users, the presentation and acceptance of the offer, as well as the conclusion of a contract for the provision of services may be in in writing, in person, on the phone or – if the User accepts this form of communication – electronic form (exchange of electronic correspondence, including, among others, exchange of correspondence in the form of statements contained in e-mail messages or exchange of scans of documents or other digital content, e.g. offer documents) in the form of electronic files.
  1. The Law Firm has the right to verify the identity and the lawful age of the User based on a valid and current official personal ID document with a photo. If required by laws and/or the type of legal services rendered, the Law Firm may request additional information and/or documents in order to fulfil the legal requirements necessary for the due execution of the respective legal service. The documents shall be delivered by the User to the Law Firm in the form and state required by law, within the deadlines indicated by the Law Firm. If the User’s identity and/or legal age fails, if there is no due authorization for the User to act in the respective case and/or if the required information and/or documents are not delivered in accordance with Law Firm’s request, the Law Firm is allowed to deny the further activities relating to the rendering of the service, while maintaining the right to the remuneration for the services rendered.  In case of doubts during the verification regarding the User’s age, their legal capacity and/or authorization to act in a specific case – the Law Firm may refuse the conclusion of an agreement with a given User or to withdraw from an agreement with a User.
  1. The User, their guardian or legal representative shall be obliged to repair damages suffered by the Law Firm as a result of the User presenting false or misleading information about their age, age, identity, legal capacity or representation.

III  CHANGES IN THE SCOPE OF SERVICE

 

  1. In accordance with art. 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), the User is not entitled to withdraw from the contract pursuant to art. 27 abovementioned Act – i.e. in the scope of services provided by the Law Firm, the User’s right to withdraw from the contract is excluded.
  1. The Law Firm is not obliged to respond to the unsolicited attempts of communication, in particular the unsolicited marketing materials of third parties, spam, scam and other types of contact that do not relate to the rendering of the legal advice based on the existing agreement concluded by the Law Firm.
  1. Complaints and/or claims arising from contracts concluded with the Law Firm in electronic form should be reported by post to Adwokat Joanna Mamczur – Kancelaria Adwokacka, AL. Jerozolimskie 93.02-001, Warsaw Poland or electronically to the address office@mamczur.com, with the indication of the User submitting the complaint, with a detailed description of the content and basis of the complaint and with the request of the person submitting the complaint. The complaint will be considered within 14 days, and the answer will be sent to the address indicated in the complaint. When considering a complaint, account will be taken in particular of its legal and factual justification, based on information and, if applicable, documents submitted to support the claim.
  1. If the data or information provided in the complaint and/or claim require supplementing, before considering the complaint, the Law Firm shall ask the person submitting the complaint to supplement it in the indicated scope.
  1. A response to the complaint and/or claim will be sent to the e-mail address provided in the complaint and/or claim, unless the User requests a written response.
  1. In the event that the User who is a consumer submits a complaint and the Law Firm does not accept the claim, the User may then use out-of-court complaint consideration and redress methods.
  2. Out-of-court complaint consideration and redress methods include, among others
  • proceedings before a permanent consumer arbitration court operating at the Trade Inspection;
  • a request to initiate mediation proceedings with the voivodeship inspector of the Trade Inspection;
  • intervention of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers);
  • resolving disputes on-line, by means of electronic communication (Online Dispute Resolution) by ODR entities.
  1. Detailed information on the possibility of using out-of-court complaint consideration and redress methods and the rules for accessing these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection and Voivodship Inspectorates of Trade Inspection.

IV  FINAL PROVISIONS

 

  1. In relations between participants of events covered by these Terms and Conditions, the Law Firm shall not be liable to third parties for the misconduct, breaches and/or false statements of the User.
  1. The provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the provisions of the Privacy Policy (link www.mamczur.com/privacy-policy) are applicable to the Platform and form an integral part of these Terms and Conditions.
  1. The Law Firm has exclusive copyrights to the content and forms of presentation of content published on the Platform.
  1. Users have access to these Terms and Conditions at any time via the link on the Platform home page.
  1. The Law Firm is registered at the professional license number of 4345 in the register maintained by the National Bar of Advocates in Poland – Naczelna Rada Adwokacka (https://rejestradwokatow.pl). The profession of adwokat (attornet-at-law) is governed by the statutory law – Ustawa Prawo o Adwokaturze dated 26 may 1982 and the code of conduct – Zbiór Zasad Etyki Adwokackiej i Godności Zawodu (Kodeks Etyki Adwokackiej) dated 10 October 1998, as amended (www.nra.pl).
  1. The provisions of these Terms and Conditions are subject to Polish law, and disputes that may arise with respect to the Terms and Conditions or to contracts concluded with the Law Firm will be subject to resolution by a common court competent for the registered office of the Law Firm, unless mandatory provisions of law provide for other jurisdiction.