Terms of Service

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We’re glad you’ve found your way to the legal documents section of our website.

Please remember that if you have any questions about our policies or our offerings, feel free to contact us. We never leave any question unanswered.

Contact phone number:	71 388 40 80
Email:	info@braniborska10.pl
Address:	BRANIBORSKA 10 S.A., 41 Stanisława Dubois St., 50-207 Wrocław

Terms of Use for the Braniborska10.pl Website

1. GENERAL PROVISIONS

In the first section of the Terms and Conditions, we introduce ourselves, explain the easiest ways to contact us, and discuss the most important definitions you’ll find in this document.

1. Serwis Internetowy jest dostępny pod adresem: www.braniborska10.ploraz jego rozwinięciami.
   1. Serwis Internetowy jest prowadzony przez: BRANIBORSKA 10 S.A. z siedzibą we Wrocławiu przy ulicy Stanisława Dubois 41, 50-207 Wrocław, zarejestrowanej  w Sądzie Rejonowym  dla Wrocławia Fabrycznej we Wrocławiu, VI Wydział Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS: 0000967550, NIP: 8992925371, REGON: 52200677700000, kapitał zakładowy: 100 000,00 zł– opłacony w całości (dalej: Właściciel).
   1. You can contact the Website:
2. at the following email address: info@braniborska10.pl;
3. by calling 71 372 50 00 (the call center is open from 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding public holidays);
4. using the following mailing address: BRANIBORSKA 10 S.A., 41 Stanisława Dubois St., 50-207 Wrocław;
5. using the contact form available on the website.
   1. Acceptance of the Terms and Conditions is voluntary but necessary in order to use certain features of the Website.
   1. The Terms and Conditions are made available free of charge on the Website in a manner that allows Users to:
6. to review its contents,
7. saving its content by printing it yourself or saving it to an external storage device, such as downloading it as a PDF,
8. reviewing both its current version and any previous versions (if any existed in the past).
   1. DEFINITIONS.Whenever the terms listed below appear in capital letters in the remainder of these Terms and Conditions, they shall have the meanings set forth below, unless the context clearly indicates otherwise:
9. Customer Service – The Website Customer Service Office, which provides information regarding the Website’s operations.
10. CONSUMER – a natural person who enters into a legal transaction with a business entity that is not directly related to the person’s business or professional activities, as defined in Article 22(1) of the Act of April 23, 1964, the Civil Code.
11. BUSINESS OWNER – CONSUMER – A customer who is a natural person entering into a contract directly related to his or her business activity, where the terms of the contract indicate that it is not of a professional nature for him or her, as evidenced, in particular, by the nature of their business activity, as disclosed pursuant to the provisions governing the Central Register and Information on Business Activity.
12. TERMS OF SERVICE – this document sets forth, among other things, the rules for using the Website and the rules for the provision and use of services made available by the Owner through the Website. These Terms of Service define the rights and obligations of both the User and the Owner. With regard to services provided electronically, these Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Act of July 18, 2002, on the Provision of Electronic Services.
13. WEBSITE/WEB PAGE — the website operated by the Owner atwww.braniborska10.plorazand its extensions.
14. CONTENT/CONTENTS – text, graphic, or multimedia elements (e.g., information about projects carried out by the Owner, photos of projects carried out by the Owner, promotional videos), including works as defined by the Act on Copyright and Related Rights and images of individuals, which are posted and disseminated on the Website by the Owner, the Owner’s business partners, or another person using the Website, as applicable.
15. SERVICE AGREEMENT – an agreement for the provision of an Electronic Service. The agreement is entered into between the Customer and the Owner using means of distance communication in accordance with the terms set forth in these Terms and Conditions
16. ELECTRONIC SERVICE – the provision of electronic services as defined in the Act of July 18, 2002, on the Provision of Electronic Services, by the Owner to the User via the Website, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Owner, the relevant provisions regarding the terms of use of such services are set forth in the terms and conditions governing the provision of services by those entities.
17. CUSTOMER – any natural person who has entered into a Service Agreement.
18. USER – any individual who views Content on the Website or uses Electronic Services through the Platform.
19. NEWSLETTER – An electronic service that allows all subscribed Customers to receive regular updates on offers, in particular regarding the sale of units in developments carried out by the Owner, current activities, sent to the email address or cell phone number provided by the User (depending on the consent given by the Customer) with the Customer’s express consent

• TERMS OF USE FOR THE WEBSITE

In the Terms of Use for our Website, we explain the minimum technical requirements you must meet in order to use its features without any problems.

• Minimum technical requirements for the User’s device to ensure full and proper use of the Website:
• a device with Internet access;
• the latest version of the web browser;
• an active email account (email address and/or an active contact phone number for the purpose of entering into a Service Agreement);
• aktywne konto poczty elektronicznej(adres e-mail) oraz aktywny numer telefonu kontaktowego w celu wysłania wiadomości za pośrednictwem formularza kontaktowego.
  • The Owner does not guarantee that the use of the Website will be free of errors or technical interruptions. The Owner reserves the right to suspend or restrict access to the Website at any time without prior notice to Users. The Owner will endeavor to restore the Website’s operation without delay.
  • Właściciel  nie ponosi odpowiedzialności za zawartość i treści innych serwisów oraz portali, do których może zostać przekierowany Użytkownik, korzystając z linków umieszczonych w Serwisie Internetowym.
  • The user is required, in particular, to:
• to provide only accurate, up-to-date, and complete information in the forms made available on the Website;
• to use the services and features provided by the Website in a manner that does not interfere with its operation;
• to use the services and features provided by the Website in a manner consistent with applicable law, the provisions of these Terms of Service, and the customs and norms of social conduct applicable in this regard;
• to use the services and features provided by the Website in a manner that does not inconvenience other Users;
• not to provide or transmit, through the Website, any Content prohibited by applicable law, in particular Content that infringes the economic rights of third parties under copyright law;
• failing to take actions such as:
  • distributing or posting Content on the Website that violates the law (prohibition on posting unlawful content);
  • engaging in IT activities or any other activities aimed at obtaining information not intended for the User, including other Users’ data, or interfering with the rules or technical aspects of the Website’s operation;
  • modifying Content without authorization, in particular the descriptions provided on the Website.

• ELECTRONIC SERVICES ON THE WEBSITE

In Part 3, we present the electronic services available on our Website. Electronic services include, for example, the newsletter and the contact form. We explain how to file complaints regarding Electronic Services.

• The Owner provides the following Electronic Services to Users free of charge through the Website:
• presenting Users with advertising content tailored to their interests;
• to enable users to view Content posted on the Website, including marketing-related content;
• contact form.
  • The Owner reserves the right to launch a newsletter subscription service at any time during the operation of the Website. The provisions set forth in Section 3 of the Terms and Conditions regarding the newsletter shall apply if the Owner launches a newsletter subscription form.

Newsletter

• A condition for entering into a Service Agreement regarding the Newsletter is the User’s consent to receive the Newsletter via a specified communication channel.
  • The Newsletter service consists of:
    • sending to Customers registered with it (hereinafter: Service Recipients), who have provided the Owner (hereinafter: Service Provider) with their email address, via electronic means, including through automated calling systems, commercial information regarding the investments and services of the Owner and its partners, including, in particular, information about current offers, promotions, discounts, and marketing campaigns (email marketing);

and/or

• Service Recipients who have provided the Owner with their phone number—including via automated calling systems—receiving commercial information regarding investments and services offered by the Owner and its partners, including, in particular, information about current offers, promotions, discounts, and marketing campaigns.
  • Users can subscribe to the Newsletter service by completing the following steps: Providing their email address or phone number in the designated field on the Website or checking the appropriate checkbox to receive commercial information via the selected communication channel;accepting the provisions of these Terms and Conditions and confirming that they have read the Privacy Policy. The Service Provider may also offer other methods for accepting the provisions of these Terms and Conditions and for providing the marketing consent referred to in Section 3 of these Terms and Conditions. The Newsletter service is provided for an indefinite period. The Subscriber may, at any time and without providing a reason, unsubscribe from the Newsletter service (cancel the service), in particular by sending a request to discontinue the Newsletter service to the contact information provided in Section 1.3 of these Terms of Service or by clicking the unsubscribe link found in the emailemail sent to the Subscriber as part of the Newsletter service, or by clicking the appropriate button on the Website, a link to which is included in the first message sent to the provided phone number or in connection with registration for the Newsletter service. Unsubscribing in the manner described above from one of the Newsletter service channels does not automatically unsubscribe the Service Recipient from the other Newsletter service channel if the Service Recipient has consented to two separate communication channels.
  • The Service Provider may terminate the Agreement at any time with one month’s notice for good cause, defined as (exhaustive list):
• a change in the laws governing the Seller’s provision of electronic services that affects the mutual rights and obligations set forth in the Agreement, or a change in the interpretation of such laws resulting from court rulings, decisions, recommendations, or guidelines issued by the relevant authorities or bodies in this regard;
• a change in the manner in which services are provided due solely to technical or technological reasons (in particular, updates to the technical requirements specified in these Terms and Conditions);
• a change in the scope or provision of services to which the provisions of the Terms and Conditions apply, through the Service Provider’s introduction of new features or services, modification of existing ones, or discontinuation of existing features or services covered by the Terms and Conditions.
  • The Service Provider will send its statement, within the scope specified in the paragraph above, to the email address or phone number provided by the Service Recipient when registering for the Newsletter service.
  • The Service Provider may terminate the Agreement with the Service Recipient with seven days’ notice or deny the Service Recipient the right to continue using the Newsletter service, and may also restrict the Service Recipient’s access to some or all of the content referred to above for valid reasons, i.e., in the event of a gross violation of these Terms and Conditions by the Subscriber, such as when the Subscriber (closed catalog): uses the Newsletter in a manner inconsistent with applicable law and infringing on the rights of third parties, contrary to the provisions of these Terms and Conditions, as well as contrary to accepted customs and principles of social coexistence in this regard, in particular by providing unlawful content.

Algorithmic Decision Making

• As part of our Website, we do not make any algorithmic decisions regarding the provision of electronic services, the publication of content, or the processing of reports, complaints, and other requests.

Complaints Regarding Electronic Services

• Reklamacje związane ze świadczeniem Usług Elektronicznych można składać w dowolnej formie. Zaleca się skorzystanie ze środków komunikacji wskazanych w punkcie 1.3 Regulaminu.
  • A sample complaint form is available below the Terms and Conditions.
  • The Owner shall respond to the complaint promptly, no later than 14 days from the date it was filed.
  • Właściciel odpowiada za brak zgodności z Umową o Świadczenie Usług(dalej: umowa) istniejący w chwili jej realizacji  Konsumentowi i ujawniony w ciągu 2 lat od tej chwili.
  • In the event of a breach of contract, the Customer—whether a Consumer or a Business Consumer—is entitled to the rights set forth in the Consumer Rights Act, the Civil Code, and other applicable laws.
  • W przypadku braku zgodności z umową, konsument może żądać doprowadzenie do  zgodności usługi z umową.  Przedsiębiorca może odmówić doprowadzenia do zgodności z umową, jeżeli doprowadzenie do zgodności z umową jest niemożliwe albo wymagałoby nadmiernych kosztów dla przedsiębiorcy, przy ocenie których brane są pod uwagę wszelkie okoliczności sprawy w szczególności znaczenie braku zgodności z umową.
  • The merchant shall bring the goods into conformity with the contract within a reasonable time from the moment the merchant was notified by the consumer of the lack of conformity, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they are used. The costs of bringing the goods into conformity with the contract shall be borne by the merchant.
  • If the services do not conform to the contract, the consumer may request a price reduction (if the contract involves payment) or withdraw from the contract if:
  • it is impossible to bring the situation into compliance with the contract, or doing so would entail excessive costs;
  • The business owner failed to comply with the contract
  • the breach of contract continues, even though the business owner has attempted to remedy it;
  • the nonconformity with the contract is so significant that it justifies a price reduction or termination of the contract without first attempting to bring the goods into conformity with the contract;
  • It is clear from the merchant’s statement or the circumstances that the merchant will not bring the performance into compliance with the contract within a reasonable time or without undue inconvenience to the consumer.

• OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND RESOLVING CLAIMS, AND RULES GOVERNING ACCESS TO THESE PROCEDURES

We believe that in the event of a disagreement with a User, it is important to talk and strive to reach a mutual understanding through amicable means. See how we can resolve the dispute.

• The use of out-of-court complaint handling and dispute resolution procedures is voluntary. The provisions below are for informational purposes only and do not constitute an obligation on the part of the Owner to use out-of-court dispute resolution procedures. The Owner’s statement of consent or refusal to participate in proceedings regarding out-of-court dispute resolution shall be submitted by the Owner on paper or another durable medium if, following the filing of a complaint, the dispute has not been resolved.
  • The rules governing proceedings for the out-of-court resolution of consumer disputes and the obligations of businesses in this regard are set forth separately in applicable laws (including, in particular, the Act of September 23, 2016, on the Out-of-Court Resolution of Consumer Disputes) or in the regulations applied by the relevant authorities responsible for resolving consumer disputes. Detailed information regarding the options available to a User who is a Consumer to use out-of-court methods for handling complaints and pursuing claims, as well as the rules for accessing these procedures, may be available at the offices and on the websites of county (municipal) consumer ombudsmen, and social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and in particular at the following website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection maintains a public registry of entities authorized to conduct proceedings for the out-of-court resolution of consumer disputes.
  • A User who is a Consumer has the following examples of options for using out-of-court complaint resolution and claim enforcement procedures:
• The user is entitled to file a request with the permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on the Trade Inspection, seeking resolution of the dispute;
• The User may obtain free assistance in resolving a dispute between the User and the Owner, including free assistance from the county (municipal) consumer ombudsman or a civic organization whose statutory mission includes consumer protection (including the Consumer Federation and the Association of Polish Consumers);
• At http://ec.europa.eu/consumers/odr, the European Commission provides a platform for resolving consumer disputes online. The owner does not currently participate in this voluntary alternative dispute resolution procedure.

• INTELLECTUAL PROPERTY RIGHTS

In this section, we explain which intellectual property rights we protect on our website and what rules you must follow.

• Wszelkie prawa do Serwisu Internetowego, a w szczególności majątkowe prawa autorskie, prawa własności intelektualnej do jego nazwy, domeny internetowej, a także do formularzy, dokumentów prawnych, logotypów, znaków towarowych, tekstu, grafiki, zdjęć i innych zamieszczonych przez Właściciela treści należą do Właściciela, a korzystanie z nich może następować wyłącznie w sposób zgodny z Regulaminem.
  • Zabronione jest kopiowanie, powielanie, modyfikowanie, zwielokrotnianie czy rozpowszechnianie jakiejkolwiek części Serwisu Internetowego, Usługi lub jej elementów bez uprzedniej pisemnej zgody Właściciela, poza przypadkami wyraźnie dozwolonymi przez przepisy obowiązującego prawa i niniejszego Regulaminu. Właściciel  może podjąć kroki, w tym na drodze postępowania sądowego, w celu ochrony interesów własnych oraz Użytkowników Serwisu Internetowego.Prawa do używania, kopiowania i rozpowszechniania danych dostępnych w serwisie podlegają przepisom Ustawy o prawie autorskim i prawach pokrewnych.
  • The use of data from the Website for commercial purposes may take place only after prior notification to the Owner and upon obtaining the Owner’s written consent.

• PERSONAL DATA PROTECTION

Find out how we protect your personal information.

• The rules governing the protection of personal data are set forth inthe “Privacy Policy”document.
  • The rules governing the use of cookies on the Website are set forth inthe “Cookie Policy”document.

• FINAL PROVISIONS

• Version 1.0 of the Terms and Conditions takes effect on July 16, 2024.
  • These Terms and Conditions are available in Polish.In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply. Unless mandatory provisions of law provide otherwise, Polish law shall govern the resolution of any disputes arising from these Terms and Conditions.If the mandatory provisions of the law of the User’s country of habitual residence provide for terms more favorable to the User than those set forth in Polish law and these Terms and Conditions, the provisions of the law of the User’s country of habitual residence shall apply.
  • The content of these Terms and Conditions may be amended if the Owner modifies the manner or scope of its business operations, or as a result of legal changes requiring the Terms and Conditions to be brought into compliance with generally applicable law. The Website will notify Users of any changes by posting information on the Website or via email to those subscribed to the newsletter. Any person who receives the aforementioned message may submit a notice of termination of contracts for the provision of electronic services (within 14 days of receiving the message) entered into pursuant to these Terms and Conditions.
• The legal documents were prepared by the Legitimate Law Firm for Braniborska 10, and like much of the other content on this website, they are protected by copyright—please do not copy them.

Link to the forms:

Complaint Form

These legal documents were prepared by Legitimate Law Firm; please do not copy their content without our permission.