cemetery: Powązki, Warszawa photography: Jacek Michiej
Regulations of the pamietam.pl website Chyliczki, 2019-03-01
1. General provisions
1.1. The internet service at pamietam.pl, hereinafter referred to as the Website, is run by Erkwadrat Sp. z oo with its registered office in Chyliczki 05-510 at 16 Letnia Street, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Department, under the number of KRS : 0000726873, NIP: 1231394399, REGON: 369938128. The owner of all rights, including copyrights, to the Website is Erkwadrat Sp. z o. o
1.2. The use of the Website is possible under the condition of equipping the teleinformation device that the User is using, accessing the Internet network and the internet browser. The User is solely responsible for satisfying the technical conditions on the part of the User and the equipment that enables the use of the Website.
2.1. Administrator - Erkwadrat Sp. z oo with registered office in Chyliczki 05-510 at 16 Letnia Street, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Department under the number of KRS: 0000757317, NIP: 1231416623, REGON: 381808020,
2.2. User - a natural person with full legal capacity who may place a distance order on the Website under the conditions provided for in the Regulations.
2.3. Registered user - User who has set up an Account on the Website.
2.4. User logged in - User who logged in to his Account during the session on the Website.
2.5. Account - is a set of data stored on the Website, concerning the User and his / her activity, for which Thas Account has been created.
2.6. Service - providing the User with the opportunity to post structured Content on websites and in the Service databases and to perform on behalf of the User, the services ordered by him consisting of selected products and activities. Services can be paid or free, about which the User will be informed before ordering or using the Service.
2.7. Business day - all days from Monday to Friday excluding public holidays in Poland;
2.8. Shopping Cart - a place on the Website designed to collect information about ordered Services, placed in the Basket during one session on the Website, prior to their final order.
2.9. Content - a message in any form, posted by the User on the websites and in the Service databases, in places and on the terms provided by the Website.
2.10. Images - a specific type of Content including photographs of: deceased persons, funeral ceremonies, graves and cemeteries, posted by Users on websites and in the Service databases.
2.11. Act on the provision of services by electronic means - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144 item 1204 with later amendments) .);
2.12. Consumer Rights Act - of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827);
2.13. Book of Entries - functionality of the Website enabling Users to enter and publish on the Website personal messages about deceased persons, in the form and on the terms made available by the Website.
2.14. Pages - User and Service understood in conjunction.
3. Website activity profiles - Website activity focuses on four main trends: Care for resting places, Base of Polish cemeteries, the Flavors who have left and Obituaries.
3.1. As part of the Resting Care, the User may order one of the following Services on the Website: lighting a candle on the grave, preparing photo documentation of the grave, placing flowers on the grave, cleaning the grave, ordering flowers for the funeral, obtaining information about the fee for the grave, paying a fee for the tomb. All the above Services are carried out at the cemetery designated by the User, and in the case of ordering flowers for the funeral, at the place and time of the funeral ceremony, if the place has been indicated and confirmed on the basis of data from the User.
3.2. The Website makes available to Users a structured scope and form of the ordering process and allows them to be accepted as long as it fulfills the formal requirements set by the Website. During the submission of an order, they can be formulated only within the scope and on the terms made available by the Website.
3.3. In the case of the Service of lighting candles on the grave, the Service proposes a selection of candles from the five presented categories: small, larger, medium, large and special. The individual categories of available candles are specified using sample images and associated descriptions. Due to the diversity of the offer in the various locations of cemeteries, the selection of the category of ordered light means a product similar to the presented category and the price range provided by the Website for Thas type of assortment. The implementation of the ordered Service using a product that does not accurately reflect the message presented on the Website may not be the basis of the User's complaint. The contractor chooses color and a specific candlestick model from the available assortment, adjusted to the level of a given category.
3.4. In the scope of the service of preparing the photo documentation of the grave, the Service agrees to provide the User with three photographs of the resting place made during the daytime. Photographs will present three different perspectives of the grave: the first is a grave with its closest surroundings, the second is the image of the grave itself, the third is the proximity of the gravestone with the identification of the buried. Photographs will be equipped with a GPS marker, which allows you to indicate the exact position of the photographed grave.
3.5. In the case of the service of laying flowers on the grave, the choice is made of two offered budget levels: Small flowers - a set of dances and Big flowers - a set of more expensive. Each of the budget levels presents available categories of flowers, which can be potted flowers, cut flowers, artificial flowers, a reed of fresh flowers and a reed with artificial flowers. Within the category you can choose one of the available and presented species of flowers or entrust Thas selection of contractors, accepting you accepting his decision as a binding party. Choosing a flower genre gives you a choice of the color tone of flowers. Choosing a specific of the presented copies bearing a short description or entrusting Thas choice to the contractor, accepting you accepting his decision as a binding party, exhausts the criteria for selecting flowers under Thas Service. The placing of flowers on the grave in accordance with the category, genre and color chosen by the User, exhausts the Service commitment to the product making up the Service. The graphic elements presented before the Website during the ordering process have a purely legal character and can not constitute an exact reference for the completed order.
3.6. As part of tomb cleaning, the Service provides three standardized categories of the Service:
3.6.1. The irst category is the harnessing of a single or double grave, which consists in removing burned candles, withered or sultry flowers and other cemetery decorations deemed destroyed or expired, swapping the grave with a brush , harnessing its immediate environment from contaminants such as leaves, twigs and other unnecessary items, as well as snowing.
3.6.2. The second category is the basic cleaning of a single or double grave, which, in addition to the activities that make up the harvest, also includes thorough cleaning and washing of permanent elements of the grave and, if it is desirable and possible, use of a preservative, appropriate for the material of which the gravestone is made. If the grave consists of parts filled with earth or has permanent pots with soil, Thas type of cleaning also includes weeding, mowing grass, raking.
3.6.3. The third category is carried out with reference to the tombs and consists in complete cleaning, which in addition to activities consisting in the grave building, includes careful cleaning and cleaning of the roof and outer walls of the tomb, and also its other permanent external elements and, if appropriate and possible, the use of a preservative, appropriate for the material of which the tomb is made.
3.6.4. The scope of activities as part of tomb or tomb cleaning is dependent on atmospheric conditions. At temperatures below +2 degrees Celsius, cleaning and maintenance as well as earthworks are not guaranteed.
3.6.5. The scope of the Service does not cover the removal of permanent dirt and damage to the grave,
3.7. Ordering flowers for a funeral involves a choice in two categories, firstly the type of composition, i.e. a wreath or a bond and, secondly, a budget variant, i.e. a small, medium or large composition. For a selected set of categories, the type of composition is subject to a further choice, i.e. one or two species of flowers, and the species and color of the flowers. In the event of problems with the decision regarding the species and colors of the flowers, the choice can be entrusted to the contractors of the contract, accepting you accepting his decision as a binding party. To complete the order, it is necessary for the User to provide the name and surname of the deceased as well as the date and time of the funeral ceremony. The flowers will be delivered to the place of ceremony, right before it begins, if the place has been given by the User during the ceremony. If the place of the ceremony has not been given by the User, the contractor will attempt to arrange it, and if Thas attempt is not successful, the flowers will be delivered directly to the grave, immediately after the end of the ceremony. ceremony. Order of flowers for the funeral should take place in advance of the funeral ceremony. The graphic elements in relation to the subject of the order, presented by the Website during the ordering process, are of a purely legal nature and can not constitute an exact reference for the order being processed. Due to the diversity of the offer in the various locations of cemeteries, the selection of the ordered composition means a similar look to the one presented and described on the Website pages and in the price range provided by the Website for Thas type of assortment. The implementation of the ordered Service with the use of a product that does not accurately reflect the image presented graphically on the Website may not be the basis of the User's complaint.
3.8. Sash - Thas service is integrated with the service Flowers for the funeral and consists in joining a bond or a ribbon with a decorative ribbon with a message composed by the User and consisting of maximum with 100 characters. Text to be placed on the sash, will be moderated by the Service before the Service begins. Lack of acceptance of the content of the string on the sash, results in the inability to complete the entire order, with which the sash is integrated and authorizes the Service to unilaterally depart from the implementation of Thas order with the appropriate settlement of the amount previously paid by the User in the ... with Thas order.
3.9. Dedication - it is possible to order a dedication as an Integrated Service, which is a personal message from the User, consisting of text up to 100 characters. Dedication will be placed in a decorative pendant and attached to a torch or pledge laid on the grave. The inclusion of dedication is treated as a separate and additional payment. The text of dedication before the beginning of the Service will be subject to moderation by the Website. Lack of acceptance by the website of the dedication content, results in the lack of possibility to complete the entire order with which the dedication is integrated and authorizes the Website to unilaterally depart from the implementation of Thas order with the appropriate settlement of the amount previously paid by the User in the relationship zku with Thas order.
3.10. For grave services, grave photo, grave cleaning, grave flowers, check grave fee, pay for grave, place an order and for the correct implementation of the service The user is obliged to provide information about the buried, which will enable finding the grave on which or in connection with which the Service is to be performed. It is expected that the buried will be identified by name, first name, date of birth and date of death, where the name and surname are mandatory to provide. In cemeteries covered by digital record of buried, the service will automatically find the buried grave displaying all locations that meet the search criteria provided by the User. From the list presented by the location service, select the person for whom or in connection with which the Service is ordered. If in the list presented by the website of the buried there is no person sought by the user, it means that there is no such buried in Thas cemetery or you can not order the Service for him in an automated way. In such uncertain situations, contact the operator of the Website at the indicated e-mail address email@example.com. For cemeteries not covered by digital buried records, please specify the location of the grave, if the location is a User known, or order a paid service of searching for a specific grave in a given cemetery. If the location of the grave is known, you can specify it in one of four ways: provide the numbering of the grave in accordance with the convention of numbering graves in a given cemetery, attach a photo of the grave with a GPS marker, indicate the grave on the grave the map of the cemetery presented by the Digital Service, a description of how to get to the grave. On the basis of information specified by the User and on his responsibility regarding the location of the grave or on the basis of an additional order to search for a grave in a given cemetery, the Service will commence the implementation of the ordered Services.
3.11. The order to search for the grave is based solely on the data provided by the User and consists in direct communication of the contractor with the cemetery management in order to determine the location of the sought-after grave. If the steps taken by the contractor result in obtaining an unambiguous grave location, the service ordered based on that location will be executed, and the confirmation of the Service provided to the User will contain the identifiable one as well. location of the grave, presented in the convention used at the cemetery. If for buried data provided by the User, there will be more than one grave location in the indicated cemetery, the User will receive from the Website an e-mail message about Thas situation with a request to indicate the location of the grave among the sophisticated of the proper buried. Such an indication is a prerequisite for the Website to perform the Service for which the search was ordered, and the date of its implementation will start running after the User's response with the above indication. The search service is also considered to be made if it is clear from the cemetery documentation available to the Service that the wanted buried person does not rest at the indicated cemetery. In Thas case, the User will receive the relevant email information together with the Service billing submitted by the Website, which could not take place due to a negative search.
3.12. The service "Check the status of the grave fee" is based on the direct contact of the contractor with the cemetery management in order to obtain from the cemetery records information on the tomb payment status for the buried person indicated by the User.
3.13. The "Smoke grave" service is possible for graves, for which information about the current state of charges was entered on the Website based on the previously ordered Service "Check the status of the grave fee". The service consists in the Website charging the required toll payment on behalf of the User and presenting to the User an electronic copy of the document confirming Thas fee.
3.14. The Service implementation begins when the Service accepts the correct payment for the placed order. For the avoidance of doubt, the Parties agree in a consistent manner that the User's payment for the ordered Service is synonymous with a clear request of the User, immediately starting its execution, i.e. before the statutory deadline for withdrawing from the order. The above request is a statement referred to in Art. 21. paragraph. 2 of the Act on consumer rights and which is applicable in connection with Art.35. Thas Act. The date of commencement of the Service is also the date starting the 14-day period in which the User has the option to terminate the order, in accordance with Art. 27. Consumer Rights Act.
3.15. For "Znicz na gra" ("Znicz gra gra"), "Setting the grave", "Cleaning the grave", "Teres for the grave", "Check the status of the grave fee", "To pay for the grave" grave, the date of their completion should not exceed 5 days from the date of commencement of their implementation. Thas deadline may be extended by the time devoted to the correct implementation of the Service, the exchange of information and arrangements between the User and the Website. Thas mode of service performance is applicable if during the ordering the User selects the option of immediate start of implementation. For grave services, grave photos, grave cleaning, flowers for grave, in addition to immediate mode, the user has the opportunity to indicate three ways of going into the future date I start the execution of the Service or the date of the performance of the Service. Option one - check the option and provide the date ahead with no less than two days today, from which you want to start performing the Service. In Thas case, the Service should be terminated within 5 days from the date provided by the User. In Thas case, the date of the Service will commence from the date indicated by the User, if the Service has been correctly paid so far. Option two - selecting the option and providing the pre-date with no less than seven days today's date, in which date and in the selected hourly interval The service is to be performed, if the Service will be correctly paid. The option for a specific date and hourly period is additionally payable. The third option is the subscription mode. Thas mode means ordering the selected Service at least in six months from the twenty-four months preceding the deadline for placing the order in Thas mode. To build a timetable for a subscription order, please use a dedicated form provided after choosing an option indicating such a mode of the order. The subscription mode means the ordering and execution of the ordered Service once in the selected month from the possible period of the month. Thas single execution in a month, in accordance with the User's choice, may take place either in the last ten days of the month, or on a specific day of the month and at the indicated time of the day, measured by two-hour intervals or marked with all day range. As in the second option, the option for a specific date and hourly period is additionally payable.
3.16. Website based on electronic mail performs communication with the User in connection with the implementation of the ordered Services. Thas communication takes place to the User's e-mail address provided when the Account is created from the e-mail address of the Website at firstname.lastname@example.org. The basic messages for the User in Thas respect are: confirmation of placing an order and confirmation of the Service.
3.16.1. The confirmation of the order contains in particular the order number, the amount of the order, the adopted and applied payment method, a description of the subject of the Service, the specification of the priced line items, the date of completion of the order Services. Confirmation of placing an order in connection with the regulations contained in the Regulations, shall fulfill the obligation of the Website resulting from Art.21. Consumer Rights Act.
3.16.2. Confirmation of the performance of the Service includes a statement of the Service about the completion of the Service along with its specification, date and time of performance and for Services performed at the grave, photo documentation of its performance. For "Znicz na gra" ("Znicz na gra ..."), "Grave grave", "setting the grave" and "Cleaning the grave", the photographic documentation consists of three grave views after performance of the Service. In the case of the Flowers Service for the funeral, discreet photo documentation will include at least one picture of the ordered composition, put together in the place of the funeral ceremony or in the place of burial, if delivery to the place of the funeral ceremony will turn out to be niemoĹźliwa. For the services "Check the status of the grave fee", "Smoke the grave", the confirmation of the Service will be an electronic copy of the proper document issued by the cemetery management.
3.16.3. Notification about the rejection or inability to execute the order includes the identification and specification of the order, the reason for the rejection and the rules for settling the rejected order. The reason for the rejection of the order may be the lack of acceptance of the content to be placed on the dedication or sash, the User can not indicate the right buried from the list of buried, found by the contractor as a result of the execution of the search order or no answer at all The User on a question asked by the Website in Thas matter, failure to pay the proper fee for the Service before the date of its implementation. The inability to order may result from the User providing incorrect data identifying the location of the grave or the location of the funeral ceremony, due to the impossibility of the contractor's access to the indicated grave or funeral ceremony or the lack of required cooperation with representatives of the cemetery management.
3.17. If, in addition to notifications about the performance of the Service sent by e-mail, the User wishes to receive an additional notification via SMS, indicating the appropriate option and consent in the order, then the Website for an additional transfer fee > Le such notification to the mobile phone number provided for Thas purpose by the User.
3.18. All paid Services ordered on the Website are currently valued in accordance with the current price list and in accordance with the current policy of price discounts, and the total price of the Service is also presented in terms of its components. , Broken down into products and activities covered by the Service.
3.19. The ending of the Service completion by the User is signaled by the system ready to place it in the Basket of orders waiting for the final confirmation (button "Up to the Cart"). A shopping cart is a collection of Services ordered in one session on the Website. These services are described in detail, valued according to their components, as well as discounts granted in accordance with the pricing policy of the Website. Orders placed in the Basket can be viewed freely, as well as removed from the Cart. Removing orders from the Basket for which or in connection with which they were granted discounts in accordance with the pricing policy of the Website may result in a recalculation of prices remaining in the Purchase Order Basket. In Thas case, the price recalculation takes place only in relation to the rules governing the discount policy applied by the Website.
4. The database of Polish cemeteries is a section of the Website where structured information about cemeteries in Poland is presented, for which the Website has been obtained by itself or through the actions of the Users, data enabling them to be entered into the Service database. The intention of the Website is to get and share information about all cemeteries located in Poland. The Service's task is to provide and present information about cemeteries available in the Service database, such as, in particular, the name, location, number of buried, history, celebrities resting on its premises, photo gallery. The criteria according to which the Website provides information on cemeteries are presented on the main page of the section.
4.1. The website allows logged in Users to enter descriptions for cemeteries, which so far have no such description, as well as changes to descriptions that already exist. For the service of descriptions, the Website provides a dedicated form that contains specified fields for entering tabular data, a main description and subsequent chapters such as History or the Fame of the buried. The information for the description must be in Polish, and the User who provides it signs his or her name by name and pseudonym. At the same time, the User declares that the information entered by him to the description of the cemetery is true and come from reliable historical or record sources.
4.2. The website provides the functionality of expanding the gallery of pictures by the logged-in Users to the cemetery, which is available to every visitor to the Website. To enter pictures into the cemetery's gallery, use the "Add photo of the cemetery" function. Photos to be published in the gallery will be signed with the first and last name, or a pseudonym of the applicant, who must at the same time indicate a statement that he has the right to share these photos to public message. The user submitting a photo for publication declares that it applies to Thas cemetery and does not violate anyone's rights, including copyrights.
4.3. Any User may, at his own will, vote for a specific cemetery in the category "A beautiful cemetery", thus expressing his appreciation for the values of Thas object, which are of individual importance. The website gathers such votes, runs and shares a ranking according to Thas category.
4.4. For cemeteries serviced directly by the Website, you can order Services related to the grave buried in their area.
4.5. For cemeteries that are not yet directly serviced by the Service, there is the possibility of lighting a virtual candle for those buried in their area. To the torch, you can attach a dedication, which should be a personal message related to the buried person. Virtual snitch service is free and available only to logged in Users and according to the procedure made available by the Website. The lit candle will be signed with the first and last name or pseudonym of the User who ordered and together with the dedication will be presented on the general side of the cemetery and in the "My loved ones" tab on the User's Account. Such a lit candle will burn and will be visible for the next 7 days, and after Thas period information about it will be automatically removed.
4.6. The Website reserves the right to verify any Content entered by Users in the section "Polish Cemeteries" and the right to reject these Content in its sole discretion.
4.7. Responsibility for Content submitted to be published on the Website is solely attributable to the Submitting User.
4.8. Adding to the Service database of these cemeteries, which are not yet in it, is based on the User's application, sent to the address email@example.com. Since the establishment of a new cemetery in the database can only be made by a representative of the Website, Thas procedure will follow the established internal rules and in contact with the reporting User.
5. The section "The Saints Who Went Away" is devoted to those who have died, who according to the Service rating were widely known for their lives and left a significant contribution in areas such as culture , art, science, politics, sport, economy, medicine, public service and inter-human relationships. Each character in the famous section is marked with a biographical note from available and reliable sources and a photo gallery. In connection with the famous person, the Service provides four types of Services.
5.1. For the famous, who are buried in cemeteries available for the Service, you can order the burning of a real torch at their resting place. Thas service is paid and available to registered and logged in Website Users. Due to the possible large number of candles at the Holy Tombs, the category small and such is on offer as the most suitable for use. Your personal message related to the lighting of the Snitch on the grave of the chosen Honorable One can be expressed by ordering an attached dedication. Dedication is a text prepared by the User, consisting of a maximum of 100 characters, which is placed in a decorative tag and attached to a lit torch. Attachment of dedication is treated as a separate service and additionally paid. Due to respect for the deceased, the dedication will be subject to verification by the Website. Lack of acceptance from the Website of the contents of the reported dedication results in a deviation from the ordered Service. A lighted candle will be placed on the Holy Grave or in a place specially designated for Thas purpose or in the nearest possible surroundings. The confirmation of the service will be an email notification containing an image of the grave's surroundings, a tombstone and a candle with dedication, if it is ordered. Information about the lighting of a real torch will be visible on the website of the famous at the entrance by "Zaval candle on the grave", as well as in the section My beloved on the account of the orderer and on the side of the cemetery on which the Holy is buried. Thas information will be visible for the next seven days.
5.2. For the famous, who are buried in special places, where access is regulated, and the burning of candles is not possible, you can order the location of a fresh white rose near their resting place. Thas service is paid and available to registered and logged in Website Users. The folded fresh flower will be a single white medium-sized rose. Just like with a real snitch, your personal message related to the laying of a rose next to the resting place of the chosen Honorable One can be expressed by ordering an attached dedication. The inclusion of dedication is treated as a separate service and additionally paid. The content of the dedication will be verified by the Website, and the lack of acceptance of Thas content from the Website results in a waiver of the ordered Service. The white rose will be placed directly next to the Holy Rest place or in a place specially designated for that purpose. The confirmation of the service will be an email notification containing a photo of the resting place and a rose with dedication, if it is ordered. Information about the white-collar deposit will be visible on the famous page at the entrance through the "White collar of the roses", as well as in the section My Intimates on the Ordering Party's account and on the side of the place where the Holy is buried. Thas information will be visible for the next seven days.
5.3. For the famous, who are buried in places not available for the Website, you can order the symbolic lighting of the virtual candle. Thas service is free and available to registered and logged in Website Users. In order to light a virtual snitc, it is necessary for the User to provide a pseudonym used on the Website. You can attach a dedication to the Snitch, which is a User's personal text consisting of a maximum of 100 characters. The content of the dedication will be verified by the Website, and the lack of acceptance of Thas content from the Website results in a waiver of the ordered Service. Information about the lighting of the virtual candle with dedication will be visible on the website of the famous at the entrance through "Zámával virtual candle", as well as in the section My beloved on the Ordering Party's account. Thas information will be visible for the next seven days.
5.4. For Users who are logged in, who will need to leave their personal message about the famous, the Service provides for Thas purpose a dedicated Book of Records, where the User will be able to transmit Thas post. The posted post is a Free Service, it will be given the name and pseudonym of the author, and all visitors to the Website will be able to see it. Before publication on the website, the content of the entry will be subject to verification, as an expression of care for the impeccable culture of the message and respect for the deceased. The website reserves the right to reject the entry submitted for publication, at its own discretion. The entry remains visible on the website of the famous for an indefinite period.
5.5. Users who would like to be informed about the departures of the famous people can subscribe to the group of notifications, leaving only their e-mail address, which after being confirmed, will be sent news about the Famous presented on the Website.
6. For Paid Services, placed in the Basket, a payment is accepted from the User on the following terms.
6.1. The website presents the total amount of receivables for all Services constituting the current contents of the Basket.
6.2. Payments for Services from the Basket may only be made by the User registered and logged in. Information about the need to register and log in appears on the screen that begins the payment process for Users not logged in.
6.3. Available payment methods include fast online transfers, payment cards and traditional transfers, in accordance with the User's preferences and preferences.
6.4. Choosing the "Pay" button in the Payment section is equivalent to the declaration of the User fulfilling the order with the obligation of payment referred to in Article 17 paragraphs 2 and 3 of the Act on consumer rights .
6.5. Methods based on fast online transfers and payment cards, on behalf of and for the Website, are provided by Dotpay sp. Z oo with its registered office in Krakow at ul. Wielicka 72, 30-552 Krakow, entered in the register of entrepreneurs of the National Court Register under the number KRS 0000700791, kept by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Department of the National Court Register, holding NIP 6342661860 and REGON 240770255, with a share capital of PLN 4,000,000.00, paid in full. In the case of these payment methods, they are implemented on the terms shared and guaranteed by Dotpay sp. Z oo, and the Website does not collect, collect or process information on payment card numbers, bank account numbers and other User's personal data made available during Thas payment process. In order to perform the payment, the Website provides Dotpay exclusively necessary and possessed personal data of the User. Dotpay becomes an independent administrator of Thas data. Dotpay processes them solely for the purposes of its statutory activities. The Website does not entrust processing of such data to Dotpay. The website is not responsible for the correctness and efficiency of the payment process carried out by Dotpay sp. Z o. O. Outside the control of the Website.
6.6. The traditional transfer is performed by the User by any available method that will contribute to the Service's account provided when choosing Thas payment method. Full and complete data for making a traditional transfer will be sent to the e-mail address provided during the creation of an Account on the Website. The service expects a traditional transfer in the amount corresponding to the value of the ordered Services.
6.6.1. If the amount of the traditional transfer is higher than the value of the ordered Services, the order will be considered paid and the overpayment amount will be refunded to the User,
6.6.2. If the amount of the traditional transfer is lower than the value of the ordered Services, the order will not be considered paid. The User will be informed by e-mail about the payment and the date on which the Service expects to top up the missing amount. If the User fails to meet the payment deadline, the order will be canceled and the User will be refunded the fees so far paid,
6.7. The payment made is a prerequisite for the Website to perform the services charged and paid by the User, as well as the moment from which the date of order start begins in the situation for which the term results the order was earlier than the deadline for the correct payment settlement.
6.8. The User declares that his payment for the ordered Services should also be treated as his explicit request to immediately start performing the ordered Services, i.e. before the expiration of the deadline from the contract, in accordance with Art. 21 (1) 2 of the Act on consumer rights.
6.9. All receipted and paid Services are issued receipts or VAT invoices. Pursuant to the content of the provisions of the Act of March 11, 2004 on the tax on goods and services (consolidated text: Journal of Laws from 2011 No. 177 item 1054) and the Regulation of the Minister of Finance of December 3, 2013 on issuing invoices (Journal of Laws of 2013, item 1485), the User's signature - as the purchaser of the Service - is not a mandatory element of the VAT invoice. In Thas situation, the User only receives the original invoice. It should be noted that invoices will be issued using the data that the User has provided for Thas purpose within the Account in "My data".
6.10. In the provision of the User in the form of mediation, consisting in the purchase by the Service on behalf of and for the User of products that constitute a part of the Service, the Service including confirmation of the Service will provide the User with a picture of the document confirming the purchase, in the form of an invoice or personal confirmation of purchase or a receipt, depending on whether the Service will have User data necessary to issue an invoice or personal confirmation purchase and whether the seller of the product can be invoiced or personal confirmation of purchase. Providing the User with an electronic form of the image of such a document, shall fulfill the obligations of the Website to confirm the purchase of the product on behalf of and on behalf of the User. In the event that the actual purchase amount is less than the amount that was placed by the User during the order, the Website shall refund the overpaid item to the User in an immediate manner.
6.11. In accordance with the provisions of the Act of March 11, 2004 on tax on goods and services (consolidated text: Journal of Laws of 2011, No. 177, item 1054), the User accepts issuing and sending invoices, correcting invoices, registered proofs of purchase and receipts only in electronic form. Consent to receive these documents in electronic form is equivalent to the resignation from receiving them in paper form.
7. The user declares that he accepts the following channels and forms of communication with the Website, which exhaust the scope and mode of Thas communication.
7.1. Forms available on the Website - to fill, complete, change or delete data from the User's personal activity on the Website, as well as all contact forms available from the Website footer.
7.2. Correspondence with the use of electronic mail - for operational purposes resulting from complex orders or from the intention of submitting them, for sending an electronic form of documents confirming payment of Services and related declarations with a contractual relationship between the User and the Website. It is assumed that the address appropriate for the User for e-mail delivery is the e-mail address provided when setting up the Account, and from the Website Thas is the address firstname.lastname@example.org for the message sent automatically and not requiring a response, and the address email@example.com, for both incoming and outgoing correspondence, in matters that require the operator's involvement on the Website.
7.3. Contact by phone on the Service hotline in relation to the scope of its activities, on +48 (22) 350 75 61
7.4. Chat with a Website consultant available from the Account panel.
8. The User is entitled to file complaints regarding both Paid and Free Services.
8.1. All complaints regarding the Website's activities in the field of Electronic Services and orders made through it may be sent via email to the address firstname.lastname@example.org
8.2. The User submitting a complaint is obliged to send it a complaint from the e-mail address which was given by him during the creation of the Account.
8.3. Complaints may only apply to actions inconsistent with the Regulations and inconsistent with the applicable legal regulations, unless the Regulations contain them or have not modified them effectively.
8.4. Correspondence regarding the complaint should contain a clear identification and a comprehensive description of the situation that concerns it.
8.5. Complaints will be dealt with fairly within 14 days from the date of their effective delivery to the Website by e-mail.
8.6. Information on the consideration of the complaint will be sent to the User's e-mail address saved in his Account, to which the User agrees.
9. The right to withdraw from paid and paid order without giving any reason shall be available to the User exclusively in the mode and on the principles of Article 27 of the Act on consumer rights.
9.1. A User who has placed and paid for a distance contract via the Website may, within 14 days, withdraw from it without giving a reason and incurring costs other than those resulting from the accepted the mode of providing the Service, including the handling costs incurred by the Website for third parties.
9.2. The right to withdraw from the order does not apply to the User in relation to orders corresponding to the cases specified in Article 38 of the Act on consumer rights, including in particular the provision of Services, if the Website has performed the Service. bow in full or in part with the explicit consent of the User. The User's obligation to read the Regulations before placing an order reveals that he / she has been effectively informed before starting to provide that after fulfilling the service by the Website, he will lose the right of withdrawal. from the order in its entirety or in its completed part, or if the element of the Service is the object acquired according to the User's specification, which serves to satisfy his individual needs.
9.3. If the User has submitted a statement of withdrawal before the Website has started to perform the order, it is deemed that it ceases to bind the Sites.
9.4. The deadline for withdrawing from the order starts from the day on which the User charged for the ordered Service.
9.5. In order to exercise the right of withdrawal, the User is obliged to submit a relevant statement to the Website in Thas regard. Such a statement may be filed through the "Deferred" function from the Account panel level and the "My Orders" tab or using e-mail to the address email@example.com from the User's address registered on his Account and on the condition of invalidity according to the formula set out in the Annex No. 2 to the Act on consumer rights. To preserve the deadline, it is sufficient to send a statement before its expiry, confirmed by the actual, system date of sending an e-mail message containing Thas statement.
9.6. The Website will immediately confirm to the User via e-mail the receipt of a notice of withdrawal from the order.
9.7. The Website shall promptly provide the User with the order settlement in connection with the lodged withdrawal.
9.8. Thas article of the Regulations exhausts the prerequisites set out in the Appendix No. 1 to the Act on Consumer Rights and corresponding to the withdrawal from the order placed on the Website.
10. As a result of non-performance or partial performance by the Website of a paid Service to the User, or the acceptance of a complaint submitted in Art.8 of the Regulations, as well as the User's withdrawal from an order placed at a distance to comply with Art. 27 of the Consumer Rights Act, the User may be entitled to a refund of the entirety or part of the fee he incurred in connection with the ordered Service. Uga ....
10.1. Service in accordance with internally accepted principles makes the calculation of the amount that will be subject to refund in the situations presented above.
10.2. The Website refunds the correct amount with the same payment channel and the same payment instrument that was used by the User when making the payment for the ordered Service.
10.3. Returning a payment or part of it, as well as the rules of the Refusal, provided for in the Regulations, refusal of Thas return, from the point of view of the Website, exhausts and closes the matter in connection with which the refund was made or rejected.
11. For a Registered User, the Website will automatically set up an Account.
11.1. An Account is a place on the Website that allows entering, modifying, presenting and storing data regarding the User and his activity on the Website in a manner that is available only for a specific User and Website.
11.2. Access to the Account is possible for the User after logging in to the Website.
11.3. The Website makes available to the User, as part of the Account, information and forms grouped in functional sections. As part of these sections, the User has the option of entering Content and selecting settings that affect the functioning of his profile on the Website and presenting and sharing the Content posted by him on the Website.
11.3.1. My Relatives - is a place where information about buried persons is stored, for which the User has ordered a Service or for which the User entered information independently without ordering the Service. The User, who decides whether these Content will be available to other Users of the Website, is responsible for self-introduction of Content concerning a buried person. In particular, the User must indicate a statement that in the case of images posted, he has the right to publicly share them. For reasons of security, ethics and compliance with the law, Content intended to be posted on the Website is subject to the moderation process.
11.3.2. Obituaries â "is a section in which the User can edit himself / herself, and then commission a personal message for publication and distribution in the form of an obituary, condolence and memories. The service is free, but requires that every published message be given the name and surname of the person submitting the publication. For the obituary and memories, it is necessary to give the name and surname of the deceased person, and for the condolence of the name and surname of the person for whom the condolences are directed. The user also decides on the date of publication of the prepared message and about his email distribution to the recipients for whom he will provide e-mail addresses. The website provides template templates and a dedicated form for the editorial of both the content of the message and for indicating the recipients' email addresses. Instructions for writing a message based on the selected template are available on the page under the form. The User is solely responsible for the content included in the transmission and distribution list for the message. The Website reserves the right to verify the Content contained in the message submitted for publication and the possibility of its rejection if it does not receive a positive acceptance of the Website.
11.3.3. My orders - Thas is the plac where information about the User's orders is presented, detailing their numbers, date and time of their submission, description, status and information about the implementation. For orders that have not yet been completed and the statutory 14-day deadline for withdrawal from the distance contract has not expired, the User may decide to withdraw from the order by selecting the "Define" key. After the User confirms an informed decision to withdraw from the indicated order, the system goes into the mode of handling Thas request in accordance with the regulation contained in Art. 30, paragraph 3, point 2 of the Act on consumer rights, subject to the provisions of "Art.35 and Art.38 of Thas Act.
11.3.4. My data - Thas is the section where the User gives and saves his following data: email, name, surname, pseudonym, phone number, data for correct VAT invoice issue, consent to the processing of Thas data by the Website. The email address is the only personal data required by the Website to set up and service an Account. The remaining data is necessary when the User undertakes certain actions on the Website or when ordering the Services. The nickname is used to sign the ordered Services, for which the information is publicly disseminated on the Website, for example for lighting a candle on the grave of Sławny, where everyone can see the pseudonym of the person who has lit Thas torch and. The application or change of the pseudonym is moderated by the Website consultant and immediately after the positive acceptance, the pseudonym is available in accordance with its intended use. The given telephone number may be used to contact the User only in connection with his activity on the Website or for the purpose of SMS notification. Other personal data is needed for correct invoicing, handling the complaint process and withdrawing from the order.
11.3.5. Account settings - Thas is where apart from choosing the available language options for presenting the Website pages and correspondence with the Website and the time interval for SMS communication, the User decides to participate in the Communicator provided by the Service, and also has the option of blocking the Website's marketing activities against each other.
11.3.6. Email notifications - Thas is the place where the User can make a declaration of wanting to receive electronic notifications about: Famous from Poland and from abroad, who have passed away, login attempts, services ordered on the graves of my relatives by other Users, acceptance / rejection of moderated entries, received messages from other Users, messages received from the Website consultant.
11.3.7. Messenger - is a tool for voluntary communication between Users of the Website. The recipients of the message are identified on the basis of pseudonyms, which in the section "My data" is necessary to participate in the Messenger. Only Users - the sender of these Content are responsible for the content uploaded using Thas tool.
12. Prohibited activities and blocking access.
12.1. It is forbidden to take on the Website pages behaviors violating applicable law, social norms, moral norms or principles of ethics and taking other actions to the detriment of the Website and its Users who threaten their rights or interests.
12.2. It is forbidden in particular:
12.2.1. propagating by Users using the Website or websites or related devices, content contrary to the law, calling for racial, religious or ethnic hatred, or propagating violence, as well as content > Vulgar, vulgar, generally recognized as morally reprehensible, socially improper or violating the principles of ethics,
12.2.2. it prohibits the use of the Website by Users for the promotion or advertising of business entities, goods and services, including the placement of advertising messages or commercial information, without the express consent of the Website,
12.2.3. any such actions that would expose the Website to potential legal liability or could cause him harm,
12.2.4. placing processing codes by Users (eg viruses, bots, worms or other computer codes, such as programs or scripts), including those collecting information about Users visiting the Website pages that contain their entries or about other entries available on the Website;
12.2.5. it is forbidden to provide untrustworthy data in the registration forms.
12.3. Placing by users of advertising messages and commercial information, including redirects to other websites, is only allowed with prior express consent of the Website, and advertising messages and commercial information must be prepared so that they do not arouse doubts as to their nominal nature and comply with the guidelines contained in Article 9 of the Act.
12.4. In order to minimize the risk of placing content that is not in compliance with the law and the Regulations on websites and in the Website databases, the Website reserves the right to moderate or delete the Content provided by Users, in selected areas of the Website and in the scope of selected types of Content,
12.5. In the event of a violation of the rules set out in Thas section of the Regulations, the Website is entitled to block the User from accessing his / her individual Account and to take actions allowing to determine the User's liability.
13. Intellectual property
13.1. The website declares that it remains the only entity authorized to settle its own exclusive rights (including proprietary proprietary rights, related rights, industrial property rights), which concern ... the structure, scope and form of the Website, both in relation to its websites, functionalities and databases, and constitute an element of its Intellectual Capital, as well as in relation to all other intellectual property rights made available to the User. and the rights of know-how, and the User undertakes to respect Thas statement absolutely.
13.2. The user declares that:
13.2.1. they are not entitled to any rights, including copyright, related to elements of the Website other than Content and to the extent only specified in the Regulations.
13.2.2. is not entitled to any recording, reproduction, sharing, publishing, or dissemination of messages and forms other than Content, unless such permission results from the provisions of law or the Regulations,
13.2.3. he is not entitled to any interference in the Website areas outside of the Content, in particular he is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Website, and may not make any changes, additions, modifications or other activities in areas outside of the Content, except those expressly permitted under these Regulations.
13.3. The User posting the Content on the Website, including, in particular, photos, opinions, entries, which are works (within the meaning of the Act of 4 February 1994 on Copyright and Related Rights), provides the Website with insufficient Permanent, irrevocable and unpaid license to use indefinitely for these works, which includes in particular public sharing of the song in such a way that everyone can have access to it in the place and during the time chosen by you (eg Internet). The license is granted for all fields of operation known at the time of granting, in particular to the following operating fields:
13.3.1. in the area of recording and reproduction of the work - production of copies by any available technique of recording and multiplexing, recording, using any means of communication,
13.3.2. using whole, fragments or any elements of the song in all forms of communication, alone or in combination with other works or fragments of the work;
13.3.3. in the field of the dissemination of the work through - public performance, display, display, reproduction and broadcasting and reemitting, as well as public sharing of the work in such a way that everyone can have access to it in a place and time chosen by them.
13.4. The User declares that all Content, including photos and data relating to the deceased person posted by him on the pages or in the bases of the Website, are true nd do not violate any copyright and personal rights.
13.5. User's inclusion of all types of materials on the websites and in the Service's databases is synonymous with their sharing and responsibility of the User.
14. Responsibility> Ä
14.1. the Website's liability only covers the actual damage of the User;
14.2. the responsibility of the Website is limited to the value of the Service ordered by the User;
14.3. The Website is not liable to the User for providing Services to him and making the functionality available in a free formula.
14.4. The website is not responsible for the actions and omissions of third parties, including internet and payment service providers.
14.5. The website will take due care in order to ensure correct operation and uninterrupted availability, as well as help in solving problems related to the functioning of the Website.
14.6. The Website reserves the right to block a User's Account whose actions it considers harmful to the Website or other Users or as inconsistent with the applicable law or the provisions of the Regulations.
14.7. The Website undertakes to ensure the quality of the Services provided.
14.8. The Website is not liable for disruptions in performance caused by force majeure, equipment failure or unauthorized interference by Users, even if Thas would result in the loss of data on User Accounts.
14.9. The Website is not responsible for temporary interruptions in accessibility for Users, resulting from changes and improvements to the Website.
14.10. The Website is not responsible for the Content and other materials posted by Users, including their loss.
14.11. The Website is not responsible for the actions of third parties, nor for their use of Users' data contrary to the purpose and rules of the Website.
14.12. The Website has the right to block User's Account, in particular in the event of violation of the provisions of the Regulations, to put on the site unlawful, offensive, untrue contents, contrary to the law, propagating violence, hate, violating moral norms or good manners.
14.13. If the Account is blocked by the Website, its unblocking may take place only with the consent of the Website.
14.14. The advertising information published on the Website pages does not constitute an offer within the meaning of the provisions of the Civil Code and the Website does not take any responsibility for their content.
14.15. The User is responsible for all own actions that violate the Regulations and the provisions of the applicable law.
14.16. The User declares that all his actions taken on the Website, in connection with a deceased person or a buried person, are not executed against the will of the nearest of that person.
15. Final provisions
15.1. The provisions of these Regulations apply to all Users of the Website.
15.2. The website reserves the right to change the provisions of the Regulations at any time and without the need to justify the reason.
15.3. In the event of making changes to the Regulations, the Website shall promptly publish a uniform text of the Regulations on its websites and shall notify Users about it by e-mail.
15.4. The User is obliged to read the amended Regulations before using both Paid Services as well as free and absolute compliance with its provisions.
15.5. The submission of orders for services as part of the Website is subject to Polish law.
15.6. Registered Users can not share their Accounts with third parties.
15.7. Regulations come into force on the date of its publication on the Website.