Terms of use

Terms and Conditions of Using the Zefir UTV Website at the domain zefirutv.pl

§1 General Provisions

1. These Terms and Conditions have been drawn up based on the provisions of generally applicable law in the Republic of Poland and are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws 2017.1219, as amended).

2. The regulations specify:

a) the operating principles of the Zefir UTV website available at https://zefirutv.pl

b) the rules for using the Service by Internet users,

c) types and scope of Services provided on the Website by Zefir UTV Spółka z ograniczoną odpowiedzialnością with its registered office at ul. Młynarska 29, 58-300 Wałbrzych,

d) the basic principles regarding the protection of Personal Data and the Privacy Policy, as well as the complaint procedure,

e) the rights and obligations of Service Recipients, as well as the rights, obligations, and scope of responsibility of Zefir UTV Spółka z o.o. as the entity managing and operating the Service.

3. The information contained on the Website does not constitute a commercial offer for Zefir brand products within the meaning of the Civil Code. The purchase of any Zefir brand products may be subject to the terms agreed upon between the parties in an individual sales agreement.

 

§2 Definitions

Email address – designation of a teleinformatics system that enables communication via electronic means.

Website Administrator and Personal Data Administrator – Zefir UTV Limited Liability Company with its registered office in ul. Młynarska 29, 58-300 Wałbrzych , entered in the National Court Register maintained by the District Court in Katowice, Commercial Division of the National Court Register under file number WR.VI NS-REJ.KRS/36204/20/255, KRS number: 0000867715.

Personal data – any information relating to an identified or identifiable natural person processed by the Service Provider for the proper provision of the Services specified in these Terms and Conditions, as well as for statistical purposes related to the operation of the Service.

Contact form – a form available on the website www.zefirutv.pl that allows the Service Recipient to contact the Service Provider directly.

Regulations – these Regulations for the use of the Zefir UTV website, drawn up and applied by the Service Provider. The regulations in electronic form are available free of charge in the footer on the main page of the Zefir UTV Service.

Newsletter – An electronic service that allows the Subscriber to subscribe to and receive free information from the Service Provider at the email address provided by the Subscriber.

Cookies – files containing data that can be sent from the Zefir UTV Service website to the User’s web browser and then saved in their browser. The user can independently configure the web browser on their computer to accept or reject the receipt of cookies.

Personal Data Protection Regulations – 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) (OJ L 119, p. 1) – also known as “GDPR” – and the national personal data protection regulations in force in connection with the GDPR.

Service – the Zefir UTV online service belonging to the Service Provider, within which the Service Provider provides Services, located under the domain zefirutv.pl and URL address: https://zefirutv.pl

Teleinformation system – a set of cooperating IT devices and software that ensures the processing and storage, as well as the sending and receiving of data via telecommunication networks using the appropriate end device for a given type of network, as defined in the Act of 16 July 2004 on Telecommunications Law (consolidated text: Journal of Laws of 2017, item 1907, as amended).

Electronic means of communication – technical solutions, including teleinformation devices and associated software tools, enabling individual remote communication using data transmission between teleinformation systems, and in particular electronic mail.

Agreement – an agreement for the provision of Services electronically concluded between the Service Provider and the Service Recipient at the moment of actual use of the Service, with content corresponding to the content of the Regulations.

Electronic Service – A service provided electronically by the Service Provider to the Service Recipient via the Website.

Services – Services provided by the Service Provider to the Service Recipient via the Website.

Service Recipient/User – this refers to a natural person, legal person, or organizational unit that is not a legal person but is granted legal capacity by law, and is a service recipient within the meaning of Article 2(7) of the eIDAS Regulation, using the Services offered by the Service.

Service Provider – Zefir UTV Spółka z o.o. with its registered office in ul. Młynarska 29, 58-300 Wałbrzych, NIP 8943160537, KRS 0000867715, REGON 38744540000000

UŚUDE – the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2017, item 1219, as amended)

§2 Legal Requirements

1. The condition for using the Service is familiarizing yourself with the content of these Terms and Conditions.
2. Accessing the Service by typing www.zefirutv.pl or the address of any webpage of the Service or a specific Service within the Service into the address bar of a web browser is equivalent to the User agreeing to abide by the rules set forth in these Terms and Conditions and the Privacy Policy. By starting to use the Service or the Services, the User accepts the provisions of the Regulations and undertakes to abide by them.
3. The User acknowledges that ignorance of the rules and procedures contained in the Regulations is not a basis for them to make any claims or complaints.
4. In matters not covered by these Regulations, the provisions of Polish law shall apply, and the competent court for their resolution shall be the court with local jurisdiction over the registered office of Zefir UTV Spółka z o.o., subject to the provisions of §11 paragraph 5.
5. Every User of the Service is obliged to comply with the rules of applicable Polish law and the provisions of these Terms and Conditions. In particular, providing and processing content thru the Service that may constitute a violation of Polish law and the law in force in the European Union is prohibited.
6. All prices and commercial information on this website are for informational purposes only and do not constitute an offer within the meaning of the Civil Code. The purchase of any Zefir brand products may be subject to the terms agreed upon between the parties in an individual sales agreement.

§3 Technical Requirements

1. For the proper functioning of the Service on the User’s device, it is necessary to independently ensure:

a) internet connections,

b) a web browser that allows HTML documents to be displayed on a computer screen,

c) a browser that accepts an email account.

2. The Service Provider informs that the User’s IP address is recorded for the purpose of website statistics and making improvements to the Service. More information on the use of cookies or other internet technologies can be found in the Privacy Policy.

3. The Service Provider undertakes to the Service Recipient to commence providing the Services immediately.

4. By accepting the Terms and Conditions, the User agrees to all the terms contained therein and undertakes to abide by them.

§4 Terms of Use of the Service

1. Starting to use the Services constitutes acceptance of these Terms and Conditions.
2. Users are not required to meet any additional formal conditions beyond accepting these Terms and Conditions to use the Service.
3. The user can terminate the use of the Services provided on the Website at any time by leaving the Website.

§5 Principles of Service Provision

1. The Service Provider provides Services electronically in accordance with these Terms and Conditions.

2. The Service Administrator provides the following types of Services free of charge thru the Service:

a) making content available on the Website, in particular such as: information about Zefir UTV Spółka z o.o., information about products, including additional vehicle equipment options, price lists, promotions, technical data, information about available vehicle accessories, information regarding the brand history, information about spare parts, warranty and service, commercial information, information for the media, information for investors, etc.

b) providing forms for Users to submit inquiries or requests to Zefir UTV Spółka z o.o., schedule a test drive of a Zefir vehicle, request a quote for Zefir products or Services, and ask questions to the Service Provider regarding product availability, Zefir vehicle models, warranty, and complaints, after completing the Contact Form available on the Service website,

c) providing the option to subscribe to a newsletter.

3. In order to propose and schedule a test drive of a Zefir vehicle via the Contact Form, with the User’s consent, the Service Recipient is required to provide Personal Data including: first name, last name, phone number, email address, and postal code. Personal data is necessary to provide the Service Recipient with a response to their inquiry regarding scheduling a test drive.

4. To request a quote via the Contact Form, with the User’s consent, the Service Recipient is required to provide Personal Data including: first name, last name, phone number, email address, and postal code. Personal data is necessary to provide the Service Recipient with a response to their request for a quote.

5. To subscribe to the Newsletter, with the User’s consent, it is necessary to provide the Service Recipient’s email address, as the Newsletter is distributed exclusively via email and involves sending an email message with the Newsletter as an attachment or via a link contained in such a message. The newsletter may contain commercial information, therefore, to use this Service, the User is required to give their prior explicit consent to the sending of commercial information by the Service Provider via electronic means of communication and to the processing of their provided Personal Data for the purpose of marketing and commercial activities. The consent given by the Service Provider can be withdrawn at any time without any negative consequences, however, withdrawing consent will prevent you from receiving the Newsletter.

6. The User’s consent to the processing of their Personal Data for future marketing and sales activities and the sending of commercial information by electronic means by the Service Provider is voluntary and not necessary for the Service Provider to provide the Services. By providing Personal Data to use the Service, we assume that the User agrees to be contacted to receive a response as requested.

7. The Service Administrator may introduce changes to the offered Services and published content on the Service at any time without the need to inform Users, including making changes to all or part of the information presented on the Service, replacing downloadable files, and partially or completely withdrawing published content.

8. The Service Administrator may add additional Services for Service Users without being required to inform the Users of this fact.

9. The actions mentioned in §5, paragraph 7 and 8, cannot serve as a basis for any claims by the User.

10. By providing Personal Data, the Service Recipient declares that:

1. they are complete and consistent with the actual state of affairs,

2. they do not infringe the rights of third parties,

3. has read the content of the Regulations and undertakes to abide by their provisions.

4. I have read the information clause provided by the Service Recipient at the time of submitting the inquiry.

11. More information regarding the rules for processing Personal Data is provided by the Service Provider in fulfillment of the information obligation on the Service website and in the Privacy Policy.

§6 Rights and Obligations of the Service Provider and the Service Recipient

1. The Service Provider undertakes to provide the Services continuously and without interruption.

2. The Service Provider reserves the right to:

a) the temporary suspension of the provision of Services due to the need to carry out maintenance or modifications to the Website,

b) sending technical, legal, or other messages related to the functioning of the Service to the User’s email address,

c) modification of the provided Services and the way the Service operates.

3. It is prohibited to use the Service in a manner that violates generally applicable laws or to the detriment of third parties.

§7 Personal Data Protection and Privacy Policy

1. The use of certain types of Services offered on the Website by Users requires providing personal data and giving individual consent for their processing by the Website Administrator. In this case, providing personal data by the User is entirely voluntary, however, failure to consent to their processing may result in the inability to use some of the Services offered by the Website Administrator.

2. The scope of Personal Data necessary for the Service Provider to begin providing Services thru the contact form with the User’s consent is as follows:

a) possibility of a test drive: first name, last name, phone number, email address, postal code;

b) possibility of contacting the Service Provider, requesting an offer: first name, last name, phone number, email address, postal code;

c) Newsletter subscription: email address.

3. The rules for collecting and processing personal data are defined in the Privacy Policy located in the footer of the website and in the relevant information clauses regarding a specific Service.

4. The administrator of the personal data for the processing of which the User has given consent, within the meaning of the Act of August 29, 1997, on the protection of personal data (consolidated text – Journal of Laws of 2014, item 1182, as amended), is Zefir UTV Spółka z o.o., ul. Młynarska 29, 58-300 Wałbrzych .

5. The user has the right to access their collected Personal Data at any time and to request its correction or deletion.

6. The Service Administrator reserves the right to use cookies on its website. These cookies store short text information on the User’s computer, enabling their identification. This does not constitute the creation of a personal data file within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (consolidated text – Journal of Laws of 2014, item 1182, as amended).

7. Upon entering the main page of the Service, each new User is shown a message at the bottom of the screen with information regarding the processing of cookies. Details regarding the processing of cookies are outlined in the Privacy Policy located in the footer of the Service.

8. The Service Provider also processes operational data, including IP addresses, for the purpose of implementing improvements to the Service, as well as for statistical purposes.

9. The Service Provider allows the Service Recipient to use the Services within the Website anonymously until the Service Recipient using the Website decides to voluntarily provide them (by filling out the Contact Form or subscribing to the Newsletter).

§8 Intellectual Property Protection

1. According to the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83, as amended), the entity entitled to exercise the economic rights of copyright to the works contained in this website is Zefir UTV Spółka z o.o. with its registered office in ul. Młynarska 29, 58-300 Wałbrzych .
2. The owner or entity authorized to use the trademarks displayed on the Service is Zefir UTV Spółka z o.o. or an entity with whom the Service Provider has concluded relevant agreements.
3. The User has the right to use the content posted on the Service for their own use and to send it to other Users, provided that this does not violate the provisions of the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws No. 90, item 631, as amended), the rights resulting from the registration of trademarks belonging to the Service Administrator or used by the Administrator with the consent of third parties, and the provisions of the Act of June 30, 2000, on Industrial Property Law (Journal of Laws No. 119, item 1117, as amended).
4. All rights to the website located at the domain: https://zefirutv.pl and its individual elements are reserved by Zefir UTV Spółka z o.o. The User’s use of the Service does not grant them any rights to the Service or its individual elements.
5. The information, illustrations, or graphics contained on the Website may not be used for commercial purposes, nor in materials that violate good morals or are contrary to generally applicable laws.
6. The information, illustrations, or graphics contained on the Service, nor any part of the Service, may be reproduced, modified, transmitted, or published in whole or in part without the prior written consent of the Service Provider.
7. The User shall bear full responsibility for any breach of the above provisions and undertakes to indemnify the Provider against any third-party claims arising from any such infringement of those individuals’ rights.

§9 Complaints related to the operation of the Service

1. The User has the right to file a complaint regarding the Services provided and performed, report an error on the Website, or suggest changes to its functionality by sending an email to: biuro@zefirutv.pl.

2. In case of a complaint, the message should contain the following data of the Service Recipient:

a) first and last name,

b) contact details, such as phone number and email address,

c) description of the problem that is the basis for the complaint.

3. Complaints will be processed no later than 30 days from the date the complaint is sent to the email address provided above.

4. The Service Provider reserves the right to leave a complaint without consideration if it results from a lack of knowledge of the provisions of the Regulations.

§10 Liability

1. The Service Administrator cannot guaranty the complete continuity of the Service’s operation or prevent interruptions in its availability, the causes of which may lie in internal factors related to the expansion of the Service or maintenance work, or in external factors beyond the Service Administrator’s control, such as force majeure or the actions and omissions of third parties.
2. The Service Administrator is not responsible for interruptions in the operation of the Service, whether caused by external or internal factors.
3. The Service Administrator is not liable for any damages incurred by the User directly or indirectly as a result of the Service’s action, inaction, or incorrect action. The Service Administrator is also not liable for any lost profits incurred by the User directly or indirectly as a result of the Service’s action, inaction, or malfunction.
4. The Service Administrator is not liable for damages caused by the User’s use of the Service in a manner inconsistent with the Regulations or unlawful.
5. The Service Administrator is not responsible for the User providing incomplete or false Personal Data.
6. The Service Administrator is not liable for damages incurred by third parties as a result of the User’s use of the Services in a manner inconsistent with the Regulations.
7. The Service Administrator is not responsible for interruptions in the operation of the Service resulting from failures caused by malfunctioning hardware, software, or telecommunications links, the maintenance of which is not the responsibility of the Service Administrator.
8. The Service Administrator is not responsible for the loss of User data due to external factors or other circumstances beyond the Provider’s control.
9. The service may contain links to other websites. The Service Administrator does not guaranty the accuracy of the information contained in the links, and viewing them is at the User’s own risk.

§11 Price Lists

Prices and other information on the websites do not constitute a commercial offer. Changes in prices and equipment of the models presented on the website and in the price lists are possible. Some optional equipment is only available in combination with other items or specific trim levels and may only be available at an additional cost. The prices of some items may differ from those listed in this price list depending on the equipment version. Any binding agreements regarding vehicle equipment and specifications are made in an individual contract concluded between the parties each time.

§12 Final Provisions

1. These Terms and Conditions are effective from the date of their publication on the Service and are available in the footer at the bottom of the Service’s homepage.
2. Any changes to the Regulations may be introduced by the Service Administrator at any time without the need for additional and prior notification of the User and without the need to justify the reasons. In this case, the new Regulations are effective from the moment they are published on the Service, unless a different effective date has been specified in them.
3. Changes to the Regulations are binding on Users upon their publication.
4. The User’s non-acceptance of the new or amended Terms and Conditions is equivalent to their resignation from using the Services provided thru the Website.
5. Any disputes arising between the User and the Service Administrator in connection with the provision of Services shall be resolved by the court competent for the registered office of the Service Administrator. For Users who are consumers within the meaning of the Civil Code provisions, any disputes arising between the User and the Service Administrator will be resolved by the competent common court.
6. The Privacy Policy, available in the footer at the bottom of the main page of this Service, is an integral part of the Regulations.

Website Administrator