Terms of use

WEBSITE RULES AND REGULATIONS www.danxils.com

1. BASIC INFORMATION

1.1. These Regulations set out the terms on which Users may use, free-of-charge, the website available at the following address: www.danxils.com and the terms on which the Service Provider shall provide services electronically.
1.2. The owner of the Website (as defined below), being entitled to manage its resources, is DANXILS Sp. z o.o. with its registered office in Swobodnia (address: Swobodnia 35, 05-180 Zakroczym) (hereinafter: “Service Provider”).
1.3. The Service Provider may be contacted at:
1.3.1. the following e-mail address: info@danxils.com, telephone number: + 48 885 581 989
1.3.2. the following address: Swobodnia 35, 05-180 Zakroczym;
1.3.3. through a contact form available on the Website.
1.4. These Regulations are available at all times in the footer on the Website, in a manner making it possible to obtain, reproduce and record its content by printing or saving it at any time on a durable medium.

2. DEFINITIONS

2.1. Service Provider – DANXILS sp. z o.o. with its registered office in Swobodnia (address: Swobodnia 35, 05-180 Zakroczym), registered in the Business Register of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Division of the National Court Register, under number KRS: 0001036806, REGON: 525136256, NIP: 5311719061, share capital: PLN 3,525,500.00.
2.2. Regulations – these Rules and Regulations.
2.3. Website – the website operated by the Service Provider, available at the following address: www.danxils.com.
2.4. Privacy Policy – a Service Provider’s document separate from the Regulations specifying the terms on which the Service Provider shall process User’s or Registered User’s personal data. The Privacy Policy is available at all times in the footer on the Website.
2.5. Customer – means an entity which takes steps intended to execute an agreement for the provisions of Account management services.
2.6. Account – an account of a Registered User on the Website. After granting of access to the Account the Registered User obtains access to all functionalities available within the Account.
2.7. Consumer – means a natural person who enters with the Service Provider into an agreement for the provision of any Service, not related directly to his business or professional activity.
2.8. Quasi – Consumer – means a natural person who enters with the Service Provider into an agreement for the provision of any Service, directly related to his business activity, where such agreement demonstrates that it is not related to professional activities of such person, arising in particular from the scope of its business activity, made available under the regulations concerning the Central Registration and Information on Business.
2.9. Services – services provided by the Service Provider, as indicated in detail in point 3.1. of the Regulations.
2.10. User – any natural person who visits the Website and uses the service consisting of the provision of access to the Website or functionalities of the Website described in the Regulations.
2.11. Registered User – means any entity to which access to the Account on the Website has been granted and who uses the service consisting of managing the Account. For the avoidance of any doubt, a “Registered User” shall be understood in particular as a person who entered with the Service Provider into an agreement for the provision of the service consisting of managing the Account.

3. SERVICES PROVIDED BY THE SERVICE PROVIDER THROUGH THE WEBSITE

3.1. The subject matter of the Regulations is to specify the terms on which the Service Provider shall provide Services to User or Registered User the following electronic Services:
3.1.1. access to the Website;
3.1.2. managing the Account (the Service provided to Registered Users);
3.1.3. using other functionalities made available by the Service Provider within the Website.

4. USE OF THE WEBSITE

4.1. The Website is informative and is intended to present the Service Provider’s offer, and to provide address and contact details and make available the Services and materials, in particular materials related to the services offered by the Service Provider.
4.2. An agreement for the provision of access to the Website shall be executed on the terms specified in the Regulations, for an indefinite period of time, upon User effectively typing in the URL address of the Website in the browser window of his device or using a link to the Website (i.e. upon entering the Website); in this case the agreement for the provision of access to the Website shall be terminated upon User leaving the Website.
4.3. The use of the Website is possible provided that the ICT system used by User meets the following minimum technical requirements:
4.3.1. device connected to the Internet with a web browser (HTML5 PDF viewer) installed and ready to work;
4.3.2. cookies and javascript being switched on in the web browser;
4.4. Recommended screen resolution when viewing the Website is 1920 x 1080 pixels.
4.5. No fees are charged or collected for the use of the Website.
4.6. User is obliged to use the Website in accordance with law and good practice, considering personal interests and intellectual property rights held by the Service Provider or any third parties.
4.7. User is entitled to use the Website exclusively for his personal use. This means in particular that with respect to data and all other materials included in the resources of the Website, whether subject to protection under copyright laws or not, using the above materials for the purposes of conducting User’s commercial activity is not acceptable.
4.8. User is obliged not to take any steps which would affect proper operation of the Website. In particular, any interference with the Website content.
4.9. User is forbidden to deliver any illegal content using the Website. When using the forms made available on the Website User is obliged to provide true and correct data.

5. ACCOUNT

5.1. Service Provider shall provide the Registered User with the service consisting of granting access to the Account and making it possible to use its functionalities described in point 5.7. these Regulations.
5.2. Service Provider represents that it does not provide the service referred to in point 5.1. above to Consumers.
5.3. Access to the Account is granted on the basis of a Customer’s declaration of willingness to enter into Account management services agreement. The declaration of willingness to enter into an agreement, as referred to in the previous sentence, constitutes acceptance of these Regulations. In order to declare his willingness to enter into an Account management services agreement, Customer should send an appropriate information in this respect to the following e-mail address: info@danxils.com. Within 5 business days from the date on which the Service Provider receives the information referred to in the previous sentence, the Service Provider shall contact the Customer by e-mail constituting a response to the Customer’s message referred to in the second sentence above in order to indicate to the Customer the scope of data necessary to create an Account. Customer shall be asked to provide the above-mentioned data in a return message. Within 5 days of the Customer providing the Service Provider with data necessary to create an Account, as referred to in the foregoing sentences, the Service Provider shall confirm to the Customer that the Account has been created and the Customer has been granted access thereto, by an e-mail referred to above, containing the Customer’s login data to log into the Account consisting of a login and password. Upon confirmation referred to in the previous sentence an agreement for the provision of the account keeping service shall be concluded between the parties.
5.4. Before declaring the willingness to enter into an Account management services agreement on the Website, Customer should read carefully these Regulations and the Privacy Policy.
5.5. The opportunity to enter into an Account management services agreement, as referred to in point 5.3. above, is reserved exclusively for Customers maintaining permanent business relationships with the Service Provider.
5.6. The User’s login and password shall be assigned permanently and a Registered User cannot change them.
5.7. Within the Account the Service Provider grants Registered User access to the following services and functionalities:
5.7.1. access to the Account and its maintenance;
5.7.2. possibility to send return shipments;
5.7.3. possibility to generate and print return shipment labels for return shipments sent by Registered User using the Account.
5.8. Account management services agreement shall be concluded for an indefinite period of time and shall be terminated upon Registered User sending a request to delete the Account. The Account management services are free of charge.
5.9. A Registered User being at the same time a Quasi – Consumer shall be entitled to withdraw from the Account management services agreement without stating a reason, within 14 days of the date of conclusion thereof, i.e., from the moment specified in point 5.3. above. The provisions of section 8 below shall apply accordingly.
5.10. If a Registered User breaches the provisions of these Regulations, the Service Provider may terminate the Account management services agreement by a 14-day notice of termination, after ineffective prior request to discontinue or remove the breaches granting an appropriate period to do so.
5.11. A notice of termination of the Account management services agreement shall be sent to the Registered User to the e-mail address indicated by the Registered User within the Account.
5.12. A person who enters into an Account management services agreement on behalf of the Registered User other than a natural person submits (by making a declaration of willingness to enter into an Account management services agreement and starting to use the Account) a statement, under the pain of legal consequences, to the effect that he/she is authorized to act on behalf of the Registered User, either as an attorney-in-fact, registered proxy or partner of a partnership or a governing body of a capital company or any other legal person. The Registered User shall be liable for untrue statements and for any damage to the Service Provider’s property caused by the Registered User’s actions.
5.13. Service Provider shall not be liable for any consequences of the Registered User making available the login data necessary to log into the Account to any third parties.

6. OTHER FUNCTIONALITIES

6.1. The Website contains links to information and services provided through other websites.
6.2. In the situation described in point 6.1. above regulations or other documents specified by third parties providing the relevant services or making available the relevant websites shall apply, and the Service Provider is not a party to agreements for services provided electronically concluded between the User and such third parties. Liability for services provided to Users by third parties is specified by relevant agreements concluded by User with such third parties.
6.3. Within the Website, the Service Provider provides a contact form to Users. In order to use a contact form, User should indicate the required data and enter a request in the window designated for such purpose, and then click the “Send” button.
6.4. Within the Website, the Service Provider makes available to Users substantive content and information related to the current activity of the Service Provider, including guidance and content concerning services provided by the Service Provider. Such content is free of charge and available to all Users.
6.5. Within the Website, the Service Provider also makes available to Users a functionality consisting of a search engine through which it is possible to track parcels based on the User’s parcel number. In order to use the search engine functionalities, one should enter the parcel number in the search bar, and then click the “Search” button.

7. COMPLAINT PROCEDURE

7.1. In the event of any reservations to the operation of the Website, the Account and their functionalities, User or Registered User may submit a complaint by sending an e-mail to the address indicated in point 1.3.1 above.
7.2. Complaints shall be reviewed immediately, within a period not longer than 14 calendar days from the date of submission of the complaint. The person submitting the complaint shall receive a response by e-mail sent to the e-mail address from which the complaint was sent.
7.3. Complaints shall be reviewed on the basis of the Regulations and the generally applicable provisions of Polish law.

8. WITHDRAWAL FROM AGREEMENT

8.1. Consumer or Quasi – Consumer who entered with the Service Provider into an agreement for the provision of any service may withdraw from such agreement within 14 days without stating the reason therefor and without incurring any costs.
8.2. The period for withdrawing from the agreement for the provision of services starts on the date of execution of such agreement.
8.3. Consumer or Quasi – Consumer may withdraw from the agreement by serving on the Service Provider a notice of withdrawal from such agreement. In order to meet the deadline, it is sufficient to send the notice before the lapse thereof.
8.4. The notice of withdrawal from the agreement may be submitted using the form which constitutes Schedule no. 1 to the Regulations, by sending an e-mail to the address indicated in point 1.3.1 above.
8.5. Service Provider shall immediately send to the Consumer or Quasi – Consumer confirmation of receipt of the notice of withdrawal from the relevant agreement by e-mail.
8.6. The right to withdraw from a distance agreement is not available to a User or Registered User being a Consumer or Quasi – Consumer in cases indicated in Article 38 of the Act on Consumer Rights, in particular with respect to agreements for the provision of services, if the Service Provider fully performed the service with express consent of the User or Registered User being a Consumer or Quasi – Consumer, who was informed, prior to the commencement of such service, that he will lose the right to withdraw from the agreement after the provision of the service by the Service Provider.

9. DISPUTE RESOLUTION

9.1. In accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR), the Service Provider informs that the ODR Platform is available under the following address: https://ec.europa.eu/consumers/odr, to be used for online resolution of disputes between consumers residing in the European Union and entrepreneurs having their seat in the European Union and wishing to use out-of-court methods of resolution of disputes concerning contractual obligations arising from online sale contracts or agreements for the provision of services.
9.2. The Service Provider informs that unless otherwise stipulated by the mandatory provisions of law, the Service Provider shall not use any out-of-court methods of pursuing claims (out-of-court dispute resolution methods). Further, the Service Provider does not undertake to use the ODR Platform referred to in point 9.1 above.
9.3. In the event of any dispute with the Service Provider, User may ask for advice of a municipal or county consumer rights adviser or consumer organizations, such as the Consumer Federation, Polish Consumers Association and European Consumer Center. For more information please see the websites of such entities.

10. PERSONAL DATA PROCESSING

10.1. Personal data of Customers, Users and Registered Users shall be processed on the terms described in the Privacy Policy, available in the “Privacy Policy” tab, a link to which is available in the Website footer.

11. AMENDMENTS TO THE REGULATIONS

11.1. The Service Provider is entitled to unilaterally change these Regulations for justified reasons to the extent that has not been individually agreed with User or Registered User. In particular, the occurrence of any of the following events shall be considered as a justified reason:
11.1.1. any amendment of the generally applicable laws in the Republic of Poland to the extent that such amendment modifies the Regulations or imposes upon the Service Provider the obligation to make a specified modification hereof;
11.1.2. any public administrative bodies, including in particular the President of the Competition and Consumer Protection Office, issues any decisions, recommendations, indications, obligations or acts of a similar nature to the extent that the above-mentioned administrative acts modify the Regulations impose upon the Service Provider the obligation to make a specified modification hereof;
11.1.3. the Service Provider introduces new functionalities or services within the Website or the Account or modifies their existing scope – in such case an amendment of the Regulations is acceptable to the extent pertaining to such new functionalities or services;
11.1.4. the Service Provider introduces new, or modifies the existing, IT systems – in such case an amendment of the Regulations is acceptable to the extent that it is objectively necessary and directly related to the introduction or modification of the above-mentioned IT systems;
11.1.5. any judicial or administrative decisions are issued which will demonstrate that contractual provisions similar to those used by the Service Provider may be contrary to law, in particular the consumer protection law – in such case an amendment to the concluded agreements will be acceptable as long as after comprehensive consideration of the circumstances of the given case it is possible to objectively recognize that from the perspective of an average customer of the Service Provider the planned amendment is in favor of such customer;
11.1.6. the Regulations need to be supplemented, clarified or modified under the generally applicable laws of the Republic of Poland or in order to make their provisions more transparent for Users or Registered Users – in such case an amendment to the Regulations is acceptable to the extent that it makes it possible to adjust the Regulations to the provisions of law or achieve greater transparency of their regulations.
11.2. The Service Provider informs User through publication on the Website at least of the following:
11.2.1. the content of the planned amendment of the Regulations;
11.2.2. the date of entry into force of the amendment;
11.2.3. consolidated text of the Regulations after amendments.
11.3. Amendments to the Regulations shall be valid from the moment expressly indicated by the Service Provider, after their publication on the Website, with respect to all agreements concluded after such date.
11.4. The Service Provider shall inform Registered Users holding an Account of the amendment to the Regulations by electronic mail, to the e-mail address indicated upon execution of the Account management services agreement. The Registered User shall be deemed to have consented to the new contents of the Regulations if within 14 days of the date on which he has been informed of the amendment of the Regulations in the manner indicated in this point the Registered User does not notify the Service Provider of his intention to withdraw from the Account management agreement.
11.5. The withdrawal referred to in point 11.4. above shall be made in the manner and on the terms specified in the section 8 of the Regulations.

12. FINAL PROVISIONS

12.1. The Regulations shall enter into force on 01/05/2023.
12.2. The applicable provisions of law shall apply to matters not regulated in the Regulations. For the avoidance of any doubt, it is assumed that no provision of these Regulations shall limit User’s or Registered User’s rights under the applicable laws of the Republic of Poland. If it is ascertained that such provision exists, the applicable law shall strictly apply.
12.3. Any disputes arising from the Regulations between Users, Registered Users and the Service Provider which are not resolved amicably will be resolved by a competent common court.
12.4. The Regulations are made in Polish and in English. In the event of any discrepancies between such versions, the Polish version shall prevail.