Rules

WEBSITE REGULATIONS

 

These Regulations specify the general conditions, principles and method of concluding Rental Agreements and providing services electronically by Dariusz Macheta running a business under the name DARIUSZ MACHETA - SPECJALISTYCZNY GABINET STOMATOLOGICZNY based in Kraków, via the website labatime.pl (hereinafter referred to as: " Internet Service").

 

§ 1 Definitions

 

  1. Apartment ("Subject of the Agreement") - means a room or a set of rooms with a bathroom and furnishings, with properties, features and parameters each time specified on the Website, which may be the subject of a Rental Agreement.

  2. Working days - means days of the week from Monday to Friday, excluding public holidays.

  3. Consumer - means a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.

  4. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.

  5. Entrepreneur with Consumer rights - means a natural person concluding an Agreement directly related to his/her business activity, when the content of the Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available under the provisions of on the Central Registration and Information on Economic Activity.

  6. Regulations - means these regulations.

  7. Website of the Website - means the websites under which the Service Provider runs the Website, operating in the labatime.pl domain.

  8. Durability - the ability of the Goods to maintain their functions and properties during normal use.

  9. Durable medium - means a material or tool enabling the User or the Service Provider to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which this information is served, and which allows the reproduction of the stored information in an unchanged form.

  10. Lease agreement ("Agreement") - means an agreement concluded remotely between the User and the Service Provider, the subject of which is the rental of the Apartment presented on the Website, under which the Service Provider undertakes to provide the User with the Subject of the agreement for use for a specified, agreed period of time. each time between the parties, and the User undertakes to pay the Service Provider remuneration.

  11. Service Provider - means Dariusz Macheta running a business under the name DARIUSZ MACHETA - SPECJALISTYCZNY GABINET STOMATOLOGICZNY with its registered office in Kraków (31-457), ul. Fiołkowa 4/169, NIP: 9451181310, REGON: 350932623, entered into the Central Register and Information on Economic Activity kept by the Minister of Development and Technology; e-mail: kontakt@labatime.pl, which is also the owner of the Website.

  BDO number - 000025710.

  12. User - means an entity to which, in accordance with the Regulations and legal provisions, services may be provided electronically or with which an Agreement may be concluded.

 

§ 2 General provisions and use of the Website

 

  1. All rights to the Website, including economic copyrights, intellectual property rights to its name, internet domain, Website, as well as patterns, forms, logos, belong to the Service Provider, and they may only be used in the manner specified. and consistent with the Regulations.

  2. The Service Provider will make every effort to ensure that the use of the Website is possible for Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements to use the Website are a web browser of at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with Javascript enabled, accepting cookies. and an Internet connection with a bandwidth of at least 256 kbit/s. The Website is optimized for a minimum screen resolution of 1024x768 pixels.

 3. The Service Provider uses the mechanism of "cookies", which, when Users use the Website, are saved by the Service Provider's server on the hard drive of the User's end device. The use of "cookies" is intended to ensure the proper operation of the Website on Users' end devices. This mechanism does not destroy the User's end device and does not cause configuration changes in the User's end devices or in the software installed on these devices. Each User may disable the "cookies" mechanism in the web browser of their end device. The Service Provider indicates that disabling cookies may, however, cause difficulties or prevent the use of the Website.

  4. In order to place an order on the Website via the Website or via e-mail and to use the services available on the Store's Website, the User must have an active e-mail account.

  5. In order to place an order on the Website by telephone, the User must have an active telephone number and an active e-mail account.

  6. It is prohibited for the User to provide illegal content and for the User to use the Website, the Website or free services provided by the Service Provider in a manner contrary to the law, good practices or violating the personal rights of third parties.

  7. The Service Provider declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Users' data by unauthorized persons, therefore Users should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus programs and programs that protect the identity of Internet users.

  8. It is not permissible to use the resources and functions of the Website in order for the User to conduct activities that would violate the interests of the Service Provider, i.e. advertising activities of another entrepreneur or product; activities consisting in posting content unrelated to the activities of the Service Provider; activities involving posting false or misleading content.

 

§ 3 Free services

 

  1. The Service Provider provides free services to Users electronically. Services are provided 24 hours a day, 7 days a week.

  2. The Service Provider provides Users with the following free services electronically:

  a) Newsletter;

  b) Contact form.

  3. The Service Provider reserves the right to select and change the type, form, time and method of granting access to selected services, about which it will inform Users in a manner appropriate to amending the Regulations.

  4. The Newsletter service can be used by any User who enters his or her e-mail address using the registration form provided by the Service Provider on the Website. After sending the completed registration form, the User immediately receives an activation link via e-mail to the e-mail address provided in the registration form to confirm the subscription to the Newsletter. When the link is activated by the User, an agreement for the electronic provision of the Newsletter service is concluded.

  5. The Newsletter service consists in sending by the Service Provider, to the e-mail address, an electronic message containing information about new products or services in the Service Provider's offer. The newsletter is sent by the Service Provider to all Users who have subscribed.

  6. Each Newsletter addressed to given Users contains in particular: information about the sender, a completed "subject" field specifying the content of the shipment and information about the possibility and method of unsubscribing from the free Newsletter service.

  7. The User may unsubscribe from the Newsletter at any time by unsubscribing via the link included in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the User Account.

  8. The Contact Form service consists in sending a message to the Service Provider using a form available on the Website.

  9. Resignation from the free Contact Form service is possible at any time and involves ceasing to send inquiries to the Service Provider.

10. The Service Provider is entitled to block access to free services if the User acts to the detriment of the Service Provider, i.e. conducts advertising activities of another entrepreneur or service; activities consisting in posting content not related to the activities of the Service Provider; activities consisting in posting false or misleading content, as well as in the event of the User acting to the detriment of other Users, the User's violation of legal provisions or the provisions of the Regulations, and also when blocking access to free services is justified for security reasons - in particular: security of the Website or other hacking activities. Blocking access to free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to free services. The Service Provider notifies the User of the intention to block access to free services electronically to the address provided by the User in the content posting form.

 

§ 4 Orders for paid Services and order execution

 

  1. The User may place orders on the Website via the Website or e-mail 7 days a week, 24 hours a day.

  2. The User may place orders on the Website by telephone during the hours and days indicated on the Website.

  3. The User placing an order via the Website, selects the declared date of arrival and departure and the number of people in a dedicated form, and then selects the Apartment from those presented on the Website by selecting the "SELECT" button. The User also has the option of using paid additional options, e.g. a parking space, about which the User is always informed via the Website, before placing an order. The User sends the order form to the Service Provider by selecting the "Order and pay" button on the Website.

  Before concluding the Rental Agreement, the User receives information via the Website about the total gross price of the rental service and detailed payment rules (in accordance with §5 section 4) and about all additional costs that the User would be obliged to incur if the Rental Agreement was concluded; duration of the Rental Agreement; place and method of performance; information about the detailed scope of the service; terms and conditions of use of the Subject of the Agreement.

  4. Sending the order form by the User constitutes acceptance by the User of the Service Provider's offer for a paid Service that is the subject of the order. When completing the order form, the User has the opportunity to read the Regulations, accepting its content by marking the appropriate box in the form.

  5. The User placing an order via e-mail sends it to the e-mail address provided by the Service Provider on the Website. In the message sent to the Service Provider, the User provides in particular: the declared date of arrival and departure and the number of people, the type of Apartment from among those presented on the Website, and specifies whether he would like to use additional paid options, e.g. a parking space.

  6. After receiving the message referred to above from the User, the Service Provider sends a return message to the User via e-mail, providing its registration data, information about the total gross price of the rental service and detailed payment rules (in accordance with §5 section 4) and about all additional costs that he would be obliged to incur if the Lease Agreement was concluded; duration of the Rental Agreement; place and method of performance; information about the detailed scope of the service; terms and conditions of use of the Subject of the Agreement. The message also contains information for the User that concluding the Agreement via e-mail entails an obligation to pay.

  7. Based on the information provided by the Service Provider, the User may place an order by sending an e-mail back, indicating the selected payment method and providing his/her contact details. At this point, the Agreement is concluded.

  8. After concluding the Agreement with the User who is a Consumer, the Service Provider confirms the terms of the Agreement by sending them to the User on a Durable Medium via e-mail to the e-mail address provided by the User when placing the order.

  9. The User placing an order via telephone, during the telephone conversation, indicates to the Service Provider the declared date of arrival and departure and the number of people, the type of Apartment from those presented on the Website, and whether he or she would like to use additional paid options, e.g. a parking space, and also indicates at your choice, your e-mail address or correspondence address in order for the Service Provider to confirm the content of the proposed Agreement and confirm the order - in the event that an Agreement is concluded between the User and the Service Provider. Each time during a telephone conversation, the User is informed about the total gross price of the rental service and the payment rules (in accordance with §5 section 4) and about all additional costs that he would be obliged to incur if the Rental Agreement was concluded; duration of the Rental Agreement; place and method of performance.

  10. The Service Provider confirms to the User the content of the proposed Agreement, recorded - at the User's choice - on paper or in the form of an electronic message - and the confirmation takes place before concluding the Agreement.

  11. The User's declaration on concluding the Agreement, submitted by him after receiving the confirmation referred to above from the Service Provider, is recorded on paper or another durable medium.

  12. After concluding the Agreement via telephone, the Service Provider will send information containing confirmation of the terms of the Agreement on a durable medium to the e-mail or correspondence address provided by the User who is a Consumer.

 

§ 5 Payments

 

  1. The prices on the Website are gross prices.

  2. The final price binding on the parties is the price included on the Website at the time of placing the order by the User.

  3. The user can choose the following payment methods:

  a) bank transfer to the Service Provider's bank account;

  b) bank transfer via the external payment system paynow, operated by mbank S.A. based in Warsaw.

  4. The User should pay for the order in the amount specified in the concluded Agreement as follows:

  a) payment of 30% of the price of the Rental Agreement, within 5 days from the date of conclusion of the Rental Agreement;

  b) payment of the remaining part of the price of the Rental Agreement within 3 Business Days before the commencement of performance under the Rental Agreement (i.e. before the date of the User's arrival).

  5. In the event of failure to perform the obligation by the Service Provider or the User within a strictly specified period resulting from the concluded Agreement, the entitled party may, in the event of the other party's delay, withdraw from the agreement without setting an additional deadline, in accordance with Art. 492 of the Civil Code. Withdrawal from the contract may take place within 7 Business Days from the date of conclusion of the Agreement. The above right applies in particular in the event of failure by the User to make payment for the placed order within the strictly specified deadline indicated above in the Regulations. In such a situation, after the ineffective expiry of the payment deadline, the Service Provider will send the User a declaration of withdrawal from the Agreement on a Durable Medium pursuant to Art. 492 of the Civil Code.

  6. The Service Provider, in accordance with the User's will, sends a VAT invoice covering the ordered paid services via e-mail to the e-mail address provided by the User when placing the order. The VAT invoice is delivered via e-mail in the form of an electronic file in PDF format. In order to open the file, the User should have free software compatible with the PDF format. For this purpose, the Service Provider recommends Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com

 

§ 6 Complaints

 

  1. The Service Provider, in accordance with the provisions of law, is responsible for the quality of the service that is the subject of the Agreement.

  2. The User may submit complaints to the Service Provider in connection with the use of services provided electronically by the Service Provider, as well as services provided under the Rental Agreement. A complaint may be submitted, for example, in electronic form and sent to the e-mail address of the Service Provider: kontakt@labatime.pl. In the complaint, the User should include a description of the problem. The Service Provider shall immediately, but no later than within 14 days, consider complaints and respond to the User's e-mail address provided in the complaint.

  3. The Service Provider does not use out-of-court resolution of disputes referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes.

 

§ 7 Non-compliance of the goods with the contract

 

Complaint by a Consumer and an Entrepreneur with Consumer rights

  1. The goods are consistent with the contract if, in particular, their:

  a) description, type, quantity, quality, completeness and functionality, and in the case of goods with digital elements, also compatibility, interoperability and availability of updates;

  b) suitability for a specific purpose for which it is needed by the Consumer or an Entrepreneur with Consumer rights, about which the Consumer or an Entrepreneur with Consumer rights notified the Service Provider at the latest at the time of concluding the contract and which the Service Provider accepted.

  2. Moreover, in order for the Goods to be considered consistent with the contract, they must:

  a) be suitable for the purposes for which Goods of this type are usually used, taking into account applicable legal provisions, technical standards or good practices;

  b) be in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer rights can reasonably expect when taking take into account the nature of the Goods and the public assurance made by the Service Provider, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Service Provider proves that:

  a. did not know about the given public assurance and, judging reasonably, could not have known about it;

  b. before concluding the public contract, the assurance was rectified in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner;

  c. the public assurance did not influence the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.

  c) be supplied with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights can reasonably expect to be provided;

  d) be of the same quality as the sample or pattern that the Service Provider made available to the Consumer or Entrepreneur with Consumer rights before concluding the contract, and correspond to the description of such sample or pattern.

  3. The Service Provider is not liable for the lack of compliance of the Goods with the contract in the scope referred to in §7 section 2, if the Consumer or Entrepreneur with Consumer rights has been clearly informed at the latest at the time of concluding the contract that a specific feature of the Goods deviates from the requirements of compliance with the contract specified in §7 section 2, and expressly and separately accepted the lack of a specific feature of the Goods.

  4. The Service Provider is liable for non-compliance of the Goods with the contract resulting from improper installation of the Goods if:

  a) it was carried out by the Service Provider or under its responsibility;

  b) improper installation carried out by the Consumer or an Entrepreneur with the Consumer's rights resulted from errors in the instructions provided by the Entrepreneur or a third party.

  5. The Service Provider is liable for the lack of conformity of the Goods with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the Goods, specified by the Service Provider, its legal predecessors or persons acting on their behalf, is longer . It is presumed that the lack of conformity of the Goods with the contract, which became apparent within two years from the date of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract. .

  6. The Service Provider cannot rely on the expiry of the deadline for determining the non-compliance of the Goods with the contract specified in §7 section 5, if he fraudulently concealed this deficiency.

  7. If the Goods are inconsistent with the contract, the Consumer or an Entrepreneur with Consumer rights may request its repair or replacement.

  8. The Service Provider may make an exchange when the Consumer or Entrepreneur with Consumer rights requests repair, or the Service Provider may perform repairs when the Consumer or Entrepreneur with Consumer rights requests replacement, if the Goods are brought into compliance with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer rights. is impossible or would require excessive costs for the Service Provider. If repair and replacement are impossible or would require excessive costs for the Service Provider, he may refuse to bring the goods into compliance with the contract.

  9. When assessing the excessive costs for the Service Provider, all circumstances of the case are taken into account, in particular the importance of the lack of compliance of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience for the Consumer or Entrepreneur with Consumer rights resulting from a change in the method of bringing the Goods into compliance with the contract.

  10. The Service Provider shall repair or replace within a reasonable time from the moment the Service Provider was informed by the Consumer or Entrepreneur with Consumer rights about the lack of compliance with the contract, and without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose, in which the Consumer or Entrepreneur with Consumer rights acquired it. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Service Provider.

  11. The Consumer or Entrepreneur with Consumer rights provides the Service Provider with the Goods that are subject to repair or replacement. The Service Provider collects the Goods from the Consumer or Entrepreneur with Consumer rights at his own expense.

  12. If the Goods were installed before the Goods' non-compliance with the contract was discovered, the Service Provider dismantles the Goods and reassembles them after repair or replacement, or commissions these activities to be performed at its own expense.

  13. A Consumer or an Entrepreneur with Consumer rights is not obliged to pay for the ordinary use of the Goods that have subsequently been replaced.

  14. If the Goods are inconsistent with the contract, the Consumer or an Entrepreneur with Consumer rights may submit a declaration of price reduction or withdrawal from the contract when:

  a) The Service Provider refused to bring the Goods into compliance with the contract in accordance with §7 section 8 above;

  b) The Service Provider did not bring the Goods into compliance with the contract in accordance with §7 section 10 to §7 section 12 above;

  c) the lack of compliance of the Goods with the contract continues, even though the Service Provider tried to bring the Goods into compliance with the contract;

  d) the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in §7 section 7 to §7 section 12 above;

  e) it clearly follows from the Service Provider's statement or circumstances that he will not bring the Goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Consumer or the Entrepreneur with the Consumer's rights.

  15. The service provider is obliged to respond to the consumer's complaint within 14 days from the date of its receipt.

  16. The Service Provider returns to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the declaration of the Consumer or Entrepreneur with Consumer rights regarding the price reduction.

  17. A Consumer or an Entrepreneur with Consumer rights may not withdraw from the contract if the lack of compliance of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is significant.

  18. If the lack of compliance with the contract applies only to some Goods delivered under the contract, the Consumer or Entrepreneur with Consumer rights may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer or Entrepreneur with Consumer rights together with the Goods inconsistent with the contract, if it cannot reasonably be expected that the Consumer or an Entrepreneur with Consumer rights will agree to retain only the Goods that comply with the contract.

  19. In the event of withdrawal from the contract, the Consumer or an Entrepreneur with Consumer rights immediately returns the Goods to the Service Provider at his expense. The Service Provider returns the price to the Consumer or Entrepreneur with Consumer rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return.

  20. The Service Provider refunds the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

  21. The Service Provider does not use out-of-court resolution of disputes referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes.

 

§ 8 Withdrawal from the Agreement

 

  1. A Consumer and an Entrepreneur with the rights of a Consumer who has concluded a Distance Agreement may withdraw from it without giving a reason within 14 days, in accordance with the Act on Consumer Rights, subject to.

  2. The deadline for withdrawal begins from the date of conclusion of the Agreement.

  3. The right to withdraw from the contract is not available to the User who is a Consumer or an Entrepreneur with Consumer rights in relation to contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment and sports events or cultural, if the contract specifies the day or period of Service provision.

  4. The User may withdraw from the contract for the provision of electronic services by submitting a declaration of withdrawal to the Service Provider. The declaration can be submitted on a form, the template of which has been posted by the Service Provider on the Website at: Withdrawal Form. To meet the deadline, it is enough to send the declaration before its expiry.

  5. In the event of withdrawal from the Agreement, it is considered null and void.

  6. The Service Provider is obliged to immediately, no later than within 14 days from the date of receipt of the User's declaration of withdrawal from the Agreement, return all payments made by the User.

  7. The Service Provider refunds the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

  8. The Service Provider, regardless of the rights of Consumers and Entrepreneurs with Consumer rights resulting from the Act on Consumer Rights, without violating the mandatory provisions of law, grants Users the right to withdraw from the contract, on the terms described on the Website, notified to the User before conclusion of the Lease Agreement.

 

§ 9 Personal data protection

 

 

§ 10 Termination of the contract

(does not apply to contracts concluded for a fixed period)

 

  1. Both the User and the Service Provider may terminate the contract for the provision of free services electronically at any time and without giving reasons, provided that the rights acquired by the other party before the above-mentioned termination are preserved. agreement and provisions below.

  2. The parties may terminate the contract for the provision of a free service electronically by submitting an appropriate declaration of will, in particular using any means of distance communication, in a way that allows the other party to read it.

 

§ 11 Final provisions

 

  1. The Service Provider is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Users who are Entrepreneurs, the Service Provider is liable only in the event of intentional damage and within the limits of actual losses suffered by the User who is an Entrepreneur.

  2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Website.

  3. If a dispute arises under the concluded Agreement, the parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under these Regulations is Polish law.

  4. The Service Provider informs the User who is a Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.

The Service Provider informs that at http://ec.europa.eu/consumers/odr/ a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available.

 5. The Service Provider reserves the right to change these Regulations. All orders accepted by the Service Provider for execution before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the date of placing the order by the User. The change to the Regulations comes into force within 7 days from the date of publication on the Website. The Service Provider will inform the User 7 days before the entry into force of the new Regulations about the changes to the Regulations by means of a message sent electronically containing a link to the text of the amended Regulations. If the User does not accept the new content of the Regulations, he is obliged to notify the Service Provider of this fact, which results in termination of the contract in accordance with the provisions of §10 of the Regulations.

  6. Agreements with the Service Provider are concluded in Polish.

  7. The Regulations enter into force on January 1, 2023.