Customer - means a Lessee or a User who is both a Consumer and an Entrepreneur.
Consumer - means a natural person performing a legal act not directly related to their business or professional activity.
Account - means a password-protected administrative panel assigned to a specific User on the website, through which the User gains access to electronic data related to him stored by the website's software, enabling orders to be placed without having to re-enter personal data, tracking order history, getting acquainted with Equipment price list, conclusion of Equipment Rental Agreements.
Tenant - means a natural person, a legal person and an organizational unit without legal personality, to whom the Act grants legal capacity, who is renting Equipment from the Lessor through the website rentalhouse.sqm.eu, placing an order and concluding a Lease Agreement with the Lessor by means of distance communication .
Entrepreneur - means a natural person, legal person and organizational unit without legal personality, to whom the law confers legal capacity, conducting business or professional activity on its own behalf, carrying out a legal act directly related to their business or professional activity.
Regulations - this document being a contractual template on the basis of which the Lessor and the Users conclude Equipment Rental Contracts and electronic service contracts, in particular specifying the terms of renting the Equipment and the provision of services by the Lessor and fulfilling information obligations for the Users imposed by statute on the Service Provider. These Regulations specify the functioning of the internet portal located at the rentalhouse.sqm.eu internet address and the conditions for using the services offered by the Website. The Regulations define the rights and obligations of Website Users.
Website - means an enterprise using the rentalhouse.sqm.eu website to enable Users to conclude distance contracts with the Lessor / Service Provider. The owner of the Website is the Service Provider / Lessor.
Equipment - professional audiovisual equipment and / or accessories, intended for rent by the Lessor, for which it is possible to conclude the Lease Contract by means of distance communication, under the conditions set out in the Regulations. Information about the Equipment does not constitute an offer to conclude a lease agreement, but only an invitation to submit offers to conclude a lease agreement by Tenants.
Rental Agreement - a Equipment rental contract concluded remotely between the Lessee and the Lessor via the Website. By concluding the Contract, the Lessor gives the Lessee the Equipment to use, on dates, in places and together with any related services specified in the order, in exchange for the Lessee paying the agreed rent and additional costs indicated in the order.
Service Provider / Lessor - SQM spółka z ograniczoną odpowiedzialnością spółka komandytowa [limited liability company limited partnership] with registered office in Komorniki (62-052) ul. Przemysłowa 18, entered into the Register of Entrepreneurs of the National Court Register under the number KRS: 399768, NIP: 7792361182, contact details: e-mail: email@example.com. The Lessor conducts business activities, including in the field of multimedia event service as well as rental, installation and operation of audiovisual equipment.
User - means a natural person, legal person and organizational unit without legal personality, to whom the law grants legal capacity, using the website rentalhouse.sqm.eu for which the Service Provider provides services electronically.
§ 2 General Provisions
1. The subject of the Website's activity is the rental of Equipment by concluding Lease Contracts between the Lessor and Tenants using means of distance communication.
2. The Lessor informs that the condition of using the Website, including placing an Order for the Equipment, concluding the Rental Contract and registering at the Website is having read the provisions of these Regulations and make a statement of acceptance thereof by checking the appropriate checkbox when creating a User Account.
3. The statement of acceptance of the Regulations is not absolute, because the provisions of the Regulations may not violate the Consumer's rights arising from mandatory provisions of Polish law, and may not shape the rights and obligations of the Consumer in a manner contrary to decency, grossly violating his interests.
§ 3 Electronically rendered services
1. The Lessor provides the Tenant with an electronic service in the form of creating and maintaining a User Account on the Website and free sending of e-mail notifications related to this Account, as well as processing orders for the rental of Equipment and conclusion of Lease Agreements via means of distance communication.
2. The Website User creates an Account by providing personal and contact details in the registration form, referred to in § 13 para. 1. This account is necessary for the provision of electronic services by the Service Provider to the User. The conclusion of the contract for the provision of electronic services occurs upon the creation of the Account by the User and its activation by the Service Provider.
3. The User Account maintenance service is provided from the moment the Website User receives an electronic confirmation of registration.
4. The User may delete the User Account at any time.
5. The service of creating and maintaining a User Account is a free service.
6. Logging in to the Account is done by entering login and password set in the Registration Form.
7. The Lessor concludes with the Tenant Equipment Rental Contracts using the existing User Account after the Lessee has placed the order. This contract is concluded after the Lessee has placed the order, paid for it and received confirmation of the conclusion of the Lease Contract at the e-mail address provided by the Lessee.
8. The technical requirements necessary to cooperate with the ICT system used by the Lessor are as follows:
minimum screen resolution 1200x800,
A properly installed web browser
active e-mail account.
§ 4 Equipment order submission procedure for the conclusion of the Lease Contract
1. Orders for the rental of Equipment can be placed on the website rentalhouse.sqm.eu every day 24 hours a day, 7 days a week using the User Account set up on the Website.
2. Before ordering Equipment, the Lessee must read these Regulations. The fact of reading and accepting all the provisions of these Regulations is explicitly confirmed when registering on the Website and before the final confirmation of the order for the Equipment. The order form will not be accepted without such confirmation.
3. In order to conclude the Lease Contract, the Lessee must submit a declaration of willingness to conclude the Lease Contract, under the conditions in accordance with the Regulations, this statement may be submitted in the form of an order via the rentalhouse.sqm.eu website by clicking the "BOOK" button.
4. The Tenant's statement referred to in par. 2, must contain at least information about what Equipment and in what quantity, the Tenant would like to rent (by adding appropriate products to the booking basket), for what period (day and time of the beginning of the Rental Contract and day and time of the end of the Rental Contract), in which how and where he would like to collect and return the Equipment, how he would like to pay for the the rent, security deposit, transport and insurance costs (if applicable), indicate the dates relevant for the performance of the Rental Contract and the place relevant for the performance of the Rental Contract.
5. In addition, when submitting a declaration of willingness to conclude a Rental Contract, it is necessary to provide the surname and first names, name, residence address, registered office address, contact telephone number and e-mail address to which the Lessor shall send information about the confirmation of the conclusion of the Rental Contract on the conditions indicated by the Lessee or about the lack of the possibility of concluding a Lease Contract on these terms.
6. When submitting a declaration of willingness to conclude a Lease Contract in the form of an order, the Lessee chooses the payment method and pays the order in the form of a payment to the Lessor's account, the amount due for the rent of the Equipment together with the delivery costs (if applicable) and other additional costs selected and accepted by the Lessee (e.g. insurance).
7. Clicking the "BOOK with obligation to pay" button will place a binding order for the products in the booking basket. The binding Lease Contract is concluded with the receipt by the Lessee of the order confirmation by the Lessor in the form of an email, to which the Lessee agrees.
8. After confirming the payment, in accordance with the order submitted by the Lessee, the Lessor prepares Equipment for collection in the Lessor's warehouse at: ul. Fabianowska 151-153, 62-052 Komorniki, or sends the Equipment to the address indicated by the Lessee, in the manner indicated by the Lessee in the order.
9. The Lessor reserves the right to refuse to complete the order or change its delivery date by notifying the Lessee in cases where the Equipment ordered in the Order is missing or the date of delivery or delivery expected by the Lessee is impossible to meet by the Lessor.
§ 5 Order processing time and transport of the Equipment
1. Orders for the rental of Equipment are carried out on business days between 8:30 and 16:30. The release of the Equipment and the return acceptance of the Equipment takes place only during the working hours of the Lessor's warehouse, i.e. from Monday to Friday from 8:30 am to 4:30 pm, excluding public holidays and public holidays.
2. The time of delivery of the Equipment depends on the indicated place of receipt or place of delivery of the Equipment, as well as the quantity and type of Equipment delivered for rent.
3. Transport of Equipment takes place depending on the needs of the Lessee:
a. at no additional cost when picking up from the Lessor's warehouse
b. transport of the Lessor within 30 km to the warehouse, after acceptance of additional delivery costs by the Lessee when placing the order for Equipment,
c. transport ordered by the Lessor a courier company, after the acceptance of additional delivery costs by the Lessee when ordering the Equipment.
1. The Equipment ordered by the Lessee will be prepared for collection or preparation for shipment after the Lessee pays in advance the amount of the rent, insurance costs (if applicable), security deposit and equipment delivery costs, if applicable.
2. It is possible for Lessees who are in permanent economic relations with the Lessor, upon the prior consent of the Lessor, to pay the rent and any other additional costs (e.g. security deposit, insurance, transport) on dates agreed with the Lessor on the basis of a VAT invoice issued by the parties due date.
3. All prices in the Lessor's price list are net prices, i.e. without taking into account public law liabilities related to the conclusion and performance of the Contract, including in particular the VAT tax in PLN. All prices are visible after logging into the Website User Account.
4. At the request of the Lessee, the Lessor issues a VAT invoice, under the condition that the Lessee provides the necessary data for the VAT invoice when placing the order. The Lessee agrees to receive electronic VAT invoices.
5. The Lessor accepts payments from the Tenant in the form of an advance transfer using the online payment system and a traditional transfer in accordance with the issued VAT invoice with a deferred payment date for Tenants in permanent economic relations with the Lessor, with the consent of the Lessor.
6. The date of making a payment by the Lessee shall be deemed as the day of crediting of the funds to the Lessor's bank account.
7. The Lessor reserves the right to change the rental prices of the Equipment included in the Lessor's offer, introduce new goods to the offers, carry out and cancel promotional campaigns or make changes to them.
8. The Lessor reserves the right to make the conclusion of the Lease Agreement and the issue of Equipment subject to payment of a deposit by the Lessee to secure the Equipment against loss or damage. The amount of the deposit will be determined each time in the order based on the value of the Equipment delivered for rent before the conclusion of the Rental Contract. The deposit will constitute 25% of the value of the Equipment delivered for rent.
9. The deposit will be returned to the Lessee after returning the Equipment to the Lessor in a state and in a manner consistent with the Regulations and applicable regulations, after complete settlement with the Lessor.
10. In the case of a Lessee who is a Consumer, the deposit will be returned to the Lessee after returning the Equipment in accordance with these Regulations and law provisions.
11. If the returned Equipment is in a deteriorated state as compared to the state at the time of delivery, the Lessor may indicate to the Lessee, who is not a Consumer, what value the damage of the Equipment represents. The Lessor may deduct this amount from the deposit amount and return the remaining part of the deposit to the Lessee. The value of Equipment damage exceeding the deposit may be claimed by the Lessor from the Lessee on the basis of a debit note constituting the difference in the market value of the Equipment put into rent after including the amount of the deposit.
12. The deteriorated condition of the Equipment shall not include such wear of the Equipment which is the result of its proper use.
13. If the Equipment is not returned by the Lessee within the period specified in the Contract, the Lessor has the right to deduct from the deposit received, the Lessor's remuneration for the non-contractual use of the Equipment by the Lessee, in the amount specified in §10, for each day of delay in returning each element of the Equipment in delay. The Lessee who is not a Consumer hereby consents to such deductions by the Lessor.
14. In the event of loss or failure to return the Equipment to the Lessor on time, after crediting the entire deposit against the Lessor's remuneration for the non-contractual use of the Equipment due to the Lessee's delay, the Lessor may claim from the Lessee the payment of this value of the Equipment or remuneration for the non-contractual use of the Equipment that has not found coverage on the Lessee's deposit.
15. If the Lessee is a Consumer, the Lessor can make deductions and retain the deposit only with the Lessee's consent, and claims for damages can be asserted on general principles.
§ 7 Conditions for the use of the Equipment by the Lessee, the Lessee's obligations
1. The Lessee undertakes to use the Equipment in accordance with the instructions given to him by the Lessor, in accordance with the purpose of the Equipment and the properties thereof.
2. The Lessee is obliged to notify the Lessor of each change of the place of use of the rented Equipment.
3. The Lessee may not transfer the rights or obligations stemming from this Contract, either in whole or in part, to a third party without the prior and written consent of the Lessor, under pain of nullity. The above applies in particular regardless of the actual or legal basis of such transfer of rights or obligations.
4. The Lessee is obliged to make all efforts to protect the rented Equipment against theft or damage.
5. In the event of unexpected circumstances, such as theft, fire, etc., the Lessee is obliged to immediately notify the Lessor and relevant services, e.g. police, fire brigade.
6. The Lessee undertakes to collect the Equipment from the Lessor for use, from the Lessor's warehouse or from another place where the Equipment will be delivered to him, in accordance with the order.
7. The Lessee will install and start up the Equipment, ensure the operation of the Equipment at the place of use, including technical service, provide electricity at the place of use (and possibly any other media, including access to the Internet), secure the Equipment at all times when it is in use, returns the Equipment in a condition that will not prevent or hinder the normal use of the Equipment by the Lessor, disassembles the Equipment at the place of use, returns the Equipment to the Lessor's warehouse on the agreed date.
8. The Lessee undertakes to perform the Contract in a proper manner, in accordance with the arrangements contained therein, in particular within the dates and in places indicated therein.
9. The Lessee undertakes to secure the Equipment during transport (including, in particular, the appropriate packaging) and declares that it is aware of the principles of safe handling of the Equipment.
10. The Lessee undertakes to use and store the Equipment with the use of security methods customary for this type of Equipment and how to use it, in particular in a locked room, etc.
11. The Lessee is obliged to inspect the Equipment before acceptance and indicate any defects in the Equipment to the Lessor.
12. In the event of any malfunction of the Equipment during its operation, the Lessee is obliged to immediately report this fact to the Lessor and not use the Equipment.
13. The Lessee undertakes to inform the Lessor immediately and in writing, under pain of nullity, about the loss of Equipment or damage to the Equipment, but not later than within 2 (two) hours from the moment of its loss or damage.
14. The Lessee will cooperate with the Lessor by providing him with all information, submitting all documentation and cooperating with third parties (in particular law enforcement agencies or insurers) in connection with the loss or damage of the Equipment.
§ 8 Lessor's Obligations
1. The Lessor provides the Lessee with Equipment for use in the Lessor's warehouse or delivers the Equipment to the place selected by the Lessee, and then receives the Equipment, after the use thereof by the Lessee, in the Lessor's warehouse.
2. The Lessor undertakes to cooperate with the Lessee in the performance of the Contract, performing it properly, in accordance with the arrangements contained therein, including in particular the dates and places indicated therein.
3. The Lessor will provide the Lessee with equipment free of legal defects.
4. The Lessor will check the Equipment before making it available to the Lessee for the proper performance of the Contract.
5. The Lessor will properly prepare the Equipment for transport or give the Lessee instructions in this regard in order to make sure that the Equipment is transported safely and in accordance with the applicable standards.
6. The Lessor is obliged to give the equipment to the Lessee in good condition, ready for use and secure it in a manner appropriate to the chosen method of collection or transport.
7. The Lessor will provide the Tenant with instructions on the principles of proper and safe use and maintenance of the Equipment.
§ 9 Liability for Equipment
1. At the time of collecting the Equipment from the Lessor, the Lessee assumes the obligation to secure and protect the rented equipment against theft and loss.
2. The Lessee is liable for any damage to third parties (on the person or property) resulting from the use of the Equipment by the Lessee or third parties to whom the Lessee has entrusted, made available or left the subject of the lease.
3. The Lessee bears full responsibility for damage or destruction of the Equipment delivered in the lease. If the leased equipment is returned in improper condition, the Lessee is obliged to cover all costs necessary to restore the rented Equipment to a proper condition.
4. The Lessee may, on his own and on his own account, conclude a Equipment insurance contract against all events, including in particular loss, including loss or theft, damage or destruction, with the insurance undertaking of his choice and on the terms offered by that establishment. The Lessor may also offer the possibility of concluding an insurance contract with the insurance company indicated by the Lessor and on the terms offered by that company. The Lessee will be informed about the possibility of concluding such an agreement when placing an order for the rental of the Equipment.
5. In the event of failure of the device included in the Equipment not resulting from improper use of the Equipment, the Lessor undertakes to repair the Equipment, and if the repair is not possible – to replace the faulty device included in the Equipment with another, whose parameters shall not be worse. The costs of collecting of the inoperative device and delivering a new one takes shall be incurred by the Lessor. If it is not possible to replace the faulty device which is part of the Equipment with another one as referred to above, this Contract shall terminate with respect to this device, and the rent is reduced proportionally to the share of its value at the time of concluding the Contract in the value of the entire Equipment at the time of conclusion of the Contract and to the number of remaining days until the end of the trade fair event or other similar event or the Contract itself, whichever comes sooner.
6. The Lessor is not liable for damages resulting from improper preparation of the Equipment installation site, in particular resulting from design errors of the elements on which the Equipment is mounted or failure to meet the guidelines for the technical requirements for the assembly of the Equipment.
7. The Lessor may not be held liable for actions or omissions of the Lessee in the use of the Equipment.
8. The parties exclude the Lessor's liability for the benefits lost by the Lessee due to non-performance or improper performance of the Contract and for damage resulting from the failure to perform or improper performance of the Contract caused to the Lessee's contractors.
9. The Lessor shall not be liable to the Lessee for damages related to force majeure, understood as any occurrence, regardless of the will of the Parties, which were not known at the time of concluding the Agreement and which could not be predicted or prevented, in particular due to natural disasters (for example, flood, earthquake, fire, explosion, natural disasters), military conflicts or interventions of state authorities.
§ 10 Termination of the Rental Contract and return of the rented Equipment
1. The Lessee is obliged to return the rented Equipment in a complete, undamaged and cleaned condition, ready for further operation.
2. Return of the rented Equipment must take place within the time limit specified in the Rental Contract in the Lessor's warehouse at ul. Fabianowska 151-153; 62-052 Komorniki, on business days from 8:30 to 16:30. The Lessee bears all costs of delivery of the returned Equipment to the Lessor's warehouse.
3. The rental period ends on the day the Lessor receives the rented Equipment, otherwise the Equipment shall be deemed not returned.
4. In the event of a delay by the Lessee in returning the rented Equipment in accordance with the Rental Contract, further use of the Equipment by the Lessee shall be deemed non-contractual use, for which the Lessor is entitled to a remuneration representing 5 times the rent of each element of the returned Equipment, for each day of the Lessee's delay.
5. The remuneration for the non-contractual use of the Equipment by the Lessee may be charged by the Lessor despite the expiry of the Contract, regardless of the reason for the expiry, in particular in the event of its withdrawal or termination by either Party.
6. The Lessor has the right to claim compensation from the Lessee, exceeding the amount of the reserved remuneration for the non-contractual use of the Equipment, on general principles.
§ 11 Termination of the Lease Contract
1. The Lessor is entitled to terminate the Lease Contract with immediate effect if:
a. the Lessee uses the Equipment in a manner inconsistent with the Contract or its intended use,
b. the Lessee gave the Equipment for sublease or for free use to third parties, without the prior written consent of the Lessor,
c. in relation to the Lease Contract concluded with the Lessee, who makes the payment of rent and deposit on the basis of a VAT invoice with deferred payment, if he has not made full payment on time.
2. The Lessee who is a Consumer is entitled to terminate the Lease Contract with immediate effect if:
a. The eEquipment at the time of its issuance to the Lessee had defects that prevent the Lessee from using the item in the contract.
3. In addition to the statutory right of the Consumer to withdraw from the contract referred to in § 12 of the Regulations, each Tenant may withdraw from this Contract at any time by paying a compensation of:
a) 50% of the total net rent, specified in the Order – in the case when the statement setting out the decision to withdraw and the payment of a cancellation fee occur within no less than 10 (ten) days from the planned commencement of the installation of the Equipment;
b) 100% of the total net rent specified in the Order – in the case when the statement setting out the decision to withdraw and the payment of a cancellation fee occur within less than 10 (ten) days from the planned commencement of the installation of the Equipment;
4. Statements of the Parties regarding withdrawal or termination of the Contract should be submitted in the form of an e-mail or written message.
§ 12 Consumer's statutory right to withdraw from the contract
1. The Lessee who is a Consumer has the right to withdraw from the Lease Contract within 14 days from the date of the contract without giving any reason.
2. In order to exercise the right of withdrawal, the Consumer must inform the Lessor of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail to the address ul. Fabianowska 151-153, 62-052 Komorniki, e-mail address: firstname.lastname@example.org
3. The consumer may use the sample form for withdrawal from the contract, but it is not mandatory. The form is an attachment to these Regulations.
4. In order to respect the date for withdrawing from the Contract, a Consumer shall provide information regarding the exercise of the right to withdrawal to which they are entitled, prior to the lapse of the period for withdrawal.
5. In the event of withdrawal from the Contract, the Lessor will return all payments received from the Consumer, including the delivery costs of the item (with the exception of additional costs resulting from delivery other than the least expensive delivery offered by the Lessor), immediately and in any event no later than 14 days from the date on which the Lessor has been informed about the Consumer's decision to exercise the right of withdrawal. The reimbursement shall be carried out using the means of payment the Consumer used for the initial transaction, unless the Consumer expressly agrees otherwise.
6. The Lessor may withhold the repayment until either they receive the Goods or are provided with proof that the Goods have been sent, depending on whichever occurs earlier.
7. The Consumer shall bear the direct costs of returning the goods leased to the Lessor.
8. The received Equipment should be sent to the following address: ul. Fabianowska 151-153; 62-052 Komorniki, immediately, and in any case not later than 14 days from the day on which the Consumer informed the Lessor of withdrawal from the Rental Contract. The deadline is met if the Equipment is sent back within 14 days.
9. The Consumer is liable only for the decrease in the value of the goods resulting from the use of it in a different way than it was necessary to establish the nature, characteristics and functioning of the Equipment.
10. If the Lessor has fully provided the lease service, with the express consent of the Consumer, the right to withdraw from the Lease Contract regarding an already completed contract is not entitled.
11. IIf the Consumer wishes to start the service under the Lease Contract before the 14-day deadline to withdraw from the contract referred to above, exercising the right to withdraw from the contract, the Consumer is required to pay for the service provided until the withdrawal from the contract. The amount due to the Lessor is calculated in proportion to the scope of the service rendered, including the agreed remuneration.
§ 13 Termination of the contract for the provision of electronic services
1. Termination of the contract for the provision of electronic services occurs when: the User submits the Account deletion service, via the website rentalhouse.sqm.eu, e-mail to the e-mail address of the Lessor or in writing to the address of the Lessor's seat - applies to the service of keeping and maintaining the Account.
2. The Lessor reserves the right to limit / deprive the Lessee of the right to use the above-mentioned service by suspending or deleting the User's Account in the event of his breach of the provisions of these Regulations or the provisions of generally applicable law.
§ 14 Personal data
1. Personal data of Website users and Tenants, which must be provided when concluding the Rental Contract and creating an Account on the Website, are as follows:
name and surname / company name:
(address of residence /registered office)..........................................................
NIP (in the case of a VAT invoice request)
2. The controller of personal data is SQM limited liability company limited partnership with headquarters in Komorniki (62-052) ul. Przemysłowa 18, entered into the Register of Entrepreneurs of the National Court Register under the number KRS: 399768, NIP: 7792361182, contact details: e-mail: email@example.com.
3. Personal data are processed for the purposes related to the Controller providing electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, item 1219, as amended), on the basis of a separate consent (art. 6 par 1 letter a of GDPR) in order to conclude the Equipment Rental Contract, perform the Rental Contract including processing the order form and creating and maintaining a User Account on the Website.
4. Personal data will be stored for the duration of the User Account on the Website and the performance of Rental Contracts.
5. The recipients of clients of personal data may be:
a. public authorities, to the extent and for purposes that result from the provisions of generally applicable law;
b. providers of support services in the field of ICT and technical services,
c. providers of legal, accounting and consulting services,
d. entities servicing online payments,
e. entities that process orders in connection with Lease Contracts.
6. Due to the fact that the Controller may use the services of suppliers, e.g. in the field of ICT support, personal data may be transferred outside the European Union. In this case, the transfer of data will take place on the basis of an appropriate agreement between the Controller and this entity, containing standard data protection clauses adopted by the European Commission.
7. Providing personal data is voluntary, but necessary to provide services electronically in the form of creating, maintaining a User Account and conclusion and performance of the Lease Contract, including the processing of the Equipment order form. Failure to provide data will result in the inability to set up a User Account and conclusion of the Lease Contract.
8. The Controller does not process personal data using tools for automated decision making, including profiling.
9. In connection with the processing of personal data of Customers, the Customers have the following rights:
a. right to access personal data, including the right to receive a copy of that data,
b. the right to request the rectification of personal data - if the data is incorrect or incomplete,
c. the right to request the deletion of personal data,
d. the right to demand restriction of the processing of your personal data;
e. right to transfer the data,
f. right to object to data processing,
g. the right to withdraw consent to the processing of his personal data at any time, without affecting the legality of the processing, which was made on the basis of consent before its withdrawal.
h. in the event of becoming aware of unlawful processing of personal data, the right to lodge a complaint to the supervisory authority competent in matters of personal data protection (i.e. the President of the Office for the Protection Of Personal Data).
§ 15 Complaints
1. Complaints concerning services provided by the Service Provider electronically
a. The Customer may submit complaints in electronic form (by sending an e-mail to the Service Provider's e-mail address firstname.lastname@example.org or in traditional written form (by sending a letter to the Service Provider's registered office).
b. The Service Provider will respond to the complaint regarding the service provided electronically within 30 days of its receipt.
2. The Lessor is responsible towards the Lessee for physical or legal defects of the leased Object of the Lease (warranty), on the principles set out in the Civil Code, in particular in the provision of art. 664 CC.
3. Under the warranty, the Lessee has the right to lodge a complaint.
4. The complaint may be submitted in writing by letter to the Lessor's delivery address or via email email@example.com.
5. If the Subject of the Lease has defects that limit its suitability for the agreed use, the Lessee may request an appropriate reduction of the rent for the duration of the defects.
6. If at the time the Lessee issued the Object of the Lease had defects that prevent the use of the Subject of Lease provided for in the contract, or if such defects arose later, and the Lessor, despite the notification received, did not remove them in due time, or if the defects cannot be removed, the Lessee may terminate the Rental without notice.
7. A claim for a reduction in rent due to defects in the Subject of the Lease, as well as the right to immediately terminate the Lease, shall not be entitled to the Lessee if at the time of conclusion of the contract he knew about the defects.
§ 16 Final provisions
1. Website Users, including the Tenants, will be notified about changes to the Regulations and their scope by e-mail (to the e-mail address provided during registration or order). Notification will be sent at least 7 days before the entry into force of the new or amended Regulations.
2. The current version of the Regulations is available in the Regulations tab https://rentalhouse.sqm.eu/gb/content/3-terms-and-conditions-of-use The Regulations may be reproduced, recorded and printed for free at any time.
3. In matters not covered by these Regulations, the relevant generally applicable legal provisions shall apply, in particular the Civil Code, the Code of Civil Procedure, the Act on consumer rights, the Act of 18 July 2002 on the provision of electronic services, the Act of 29 August 1997. on the protection of personal data, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC.
4. Delivery of statements related to the performance of the Contract shall be made to the address (including e-mail address) specified in the Order document. The parties undertake to immediately inform each other of any changes in the address (including e-mail address).
5. Disputed issues, if the Consumer wishes to do so, are resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution. The Consumer may also use the extrajudicial method of resolving disputes also by submitting a complaint via the EU online platform ODR (Online Dispute Resolution), available at: //ec.europa.eu/consumers/odr/.
6. The provisions of the Regulations do not exclude or limit any rights of Users who are Consumers within the meaning of the provisions of the Civil Code, which they are entitled under generally and mandatory provisions of Polish law. In the event of a conflict between the provisions of the provisions with these Regulations, priority shall always be given to generally and absolutely applicable provisions of Polish law.
7. All disputes arising in connection with the conclusion or performance of the Lease Agreement by the Lessor and the Tenant will be settled by the court competent for the Lessor's seat. If the Lessee is a Consumer, these disputes will be resolved by a court having territorial jurisdiction in accordance with the provisions of the Code of Civil Procedure.
8. Lease Contracts concluded are subject to Polish law, and all disputes arising in connection with Lease Contracts are submitted to the jurisdiction of Polish courts in Poland.
2. These Regulations shall apply as of 02.12.2019.