Regulations for the provision of services by electronic means by Valvex S.A. – www.valvex.com

I. GENERAL PROVISIONS

1. The website is operated by Valvex.
2. The website is an ICT platform that enables the Customer to: learn information about the Valvex company and brand, the Goods manufactured under this brand, data of external authorised distributors, including Goods distribution points, industry publications (on the ValvexShare blog), as well as submit complaints regarding Goods and contact Valvex under the rules set out in these Regulations.
3. Some functionalities of the Website are available via the Account only to logged-in Customers-Businesses (within the B2B zone), including: access to price lists of Goods, placing Orders via the Website with external authorised distributors of Goods, downloading and saving Valvex Licensed Materials from the Brand Bank (trademarks) and Media Bank (marketing materials), generating, downloading and saving proposal documents by the Business Client, creating databases of contractors of the Business Client and others.
4. For the purposes specified in paragraph 2 and 3 above, Valvex provides the Customer or Business Client with appropriate system tools and provides services under the terms specified in the Regulations.
5. The Regulations are the regulations referred to in Article 8 paragraph 1 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Polish Journal of Laws of 2020, item 344, as amended), according to which Valvex determines the principles, scope and conditions of use of the Website by Customers.
6. Each Customer is obliged to read the Regulations before using the Website.
7. In case of doubt, announcements, advertisements, price lists and other information posted on the Website are not considered an offer (Article 66 § 1 of the Civil Code) or an offer submitted in electronic form (Article 661 § 1 of the Civil Code), but commercial information.
8. The information posted on the Website does not constitute public representations by Valvex.

II. DEFINITIONS

1. Brand Bank: an electronic resource of Licensed Materials containing trademarks made available under the Account to Customers-Businesses under the license specified in the Regulations;
2. Password: a string of characters enabling authorisation in connection with the Login within a given Customer Account on the Website;
3. Customer: a person using the Services on the Website;
4. Business Client: each Customer who is also a business within the meaning of Article 431 of the Civil Code, conducting professional activities in the field of trade in Goods for purposes directly related to their business activity;
5. Civil Code: Act of 23 April 1964 Civil Code (consolidated text: Polish Journal of Laws of 1964 No. 16, item 93 as amended);
6. Account: a record in the Website’s IT systems assigned individually to the Business Client, containing a set of information regarding the Business Client, including the Orders placed by them, with the use of which the Customer, after logging in, can use the Services specified in item IV paragraph 2.2 of the Regulations;
7. Shopping cart: a list of Goods selected by the Customer on the Website, without the possibility of making a purchase by the Customer, with the possibility of placing an Order only by the Business Client within the Account after logging in;
8. Login: an identifier provided during registration, which, in combination with the Password, enables authorisation within a given Account on the Website;
9. Material: all materials and information posted on the Website by Valvex, including those constituting works within the meaning of the Act of 4 February 1994 on copyright and related rights (consolidated text: Polish Journal of Laws of 2019, item 1231 as amended) or trademarks within the meaning of the Act of 30 June 2000, industrial property law (consolidated text: Polish Journal of Laws of 2021, item 324, as amended), covered by legal protection;
10. Licensed Material: Materials posted by Valvex in the electronic resources of the Media Bank (marketing materials) and Brand Bank (trademarks) and made available by Valvex to the Business Client under the Regulations;
11. Customer’s Own Material: all materials and information posted on the Website by the Customer (e.g. comments, entries, photos), including those constituting works within the meaning of the Act of 4 February 1994 on copyright and related rights (consolidated text: Polish Journal of Laws of 2019, item 1231 as amended) or trademarks within the meaning of the Act of 30 June 2000, industrial property law (consolidated text: Polish Journal of Laws of 2021, item 324, as amended), in particular: verbal, verbal and graphic, graphic, musical, verbal and musical, audiovisual (including video) works, including those containing the image of persons or other intangible goods of third parties, trademarks;
12. Media Bank: an electronic resource of Licensed Materials consisting of marketing materials made available as part of the Account to Customers-Businesses under the license specified in the Regulations;
13. Privacy Policy: a set of rules regarding the processing and protection of the Customer’s personal data, constituting an integral part of the Regulations available on the Website.
14. Regulations: these regulations specifying the rules for the provision of services by electronic means on the Website;
15. Website: website operated by Valvex at www.valvex.com, which is used by Valvex to provide the services listed in the Regulations;
16. Goods: movable property manufactured by Valvex for purposes directly related to its business activity in the broadly understood sanitary fittings industry;
17. Agreement for the provision of services by electronic means: an agreement concluded between the Customer and Valvex regarding the provision of a service provided without the simultaneous presence of the parties (remotely), through the transfer of data at the individual request of the Customer, sent and received using electronic processing devices, including digital compression, and storage of data that is entirely transmitted or received via a telecommunications network;
18. Service: a service provided by electronic means, without the simultaneous presence of the parties (remotely); a detailed list of Services is provided in item IV paragraph 2 of the Regulations;
19. Valvex: Valvex S.A. with its registered office in Jordanów, ul. Nad Skawą 2, 34-240 Jordanów, Poland, entered into the Register of Entrepreneurs by the District Court for Kraków – Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the KRS number: 0000026818, NIP (tax ID): 7350024499, REGON (business ID): 490399956, BDO (waste database) number: 000006543, with share capital of: PLN 2,099,700.00, paid in full.
20. Order: a list containing specified Goods, their quantity and other commercial conditions required in the order form, sent via the Website as a request for proposal from the Business Client to external authorised distributors of Goods included in the Valvex database. Valvex is not responsible for the actions or omissions of external distributors of Goods, including those related to the stock management policy or the terms of sale of the Goods. Valvex is not a party to the sales contract.

III. TECHNICAL REQUIREMENTS NECESSARY TO USE THE WEBSITE

1. Valvex makes every effort to make it possible for Customers to use the Website using all popular web browsers, operating systems, types of computers and types of Internet connections. Valvex does not guarantee and is not responsible for the fact that each configuration variant of hardware owned by the Customer enables the use of the Website.
2. In order to properly use the Website, it is necessary to have at least:
3. active Internet access;
4. access to a computer or mobile device, along with the up-to-date operating system;
5. access to one of the web browsers: Google Chrome (version 79 and later), Google Chrome Mobile (version 79 and later), Mozilla Firefox (version 79 and later), Safari (version 12 and later), Opera (version 71 and later), or Microsoft Edge;
6. The availability of specific Services on the Website and access to the Website depend on the device model. Content not available for your model may not be displayed. If the Customer uses a web browser that does not allow recognising the device model, the availability of some functions of the Website in the mobile version and access to it may be limited.

IV. SERVICES PROVIDED BY ELECTRONIC MEANS THROUGH THE WEBSITE

The Website administrator is Valvex.

Valvex provides the following Services by electronic means on the Website:

2.1. for all Customers:

a) displaying the content of the Website;

b) redirection using hyperlinks to:

– subpages of the Website; – websites other than the Website administered by Valvex or its associates; – social networking sites – i.e. Facebook, Instagram, YouTube – where Valvex has its fanpage accounts;

c) searching for Goods using the search engine built into the Website;

d) expressing opinions and assessments through surveys;

e) suggesting Goods as part of the “Products from the same series” functionality;

f) searching for the address of authorised Goods distribution points (after entering the address);

g) providing marketing and commercial information electronically, including as part of the “Newsletter” functionality (after obtaining the prior express and voluntary consent of the Customer);

h) contacting Valvex via the “Contact Form” functionality;

i) contacting Valvex via the “Chat” functionality;

j) downloading and saving shared content;

k) submitting complaints regarding the Goods;

l) water consumption calculator;

m) online application form for Customers interested in working at Valvex;

n) creating a list of Goods as part of the “Shopping cart” functionality;

o) notifying participation in the training.

2.2. exclusively for Business Customers:

a) registration and logging in to the Account;

b) creating and maintaining the Account;

c) resetting the Account Password;

d) reminder of the Account Password;

e) placing an Order;

f) downloading and saving Licensed Materials;

g) generating, downloading and saving personalised proposals;

h) creating and modifying contractor databases;

i) entering, modifying, deleting data related to the Account.

The Website and the services provided by electronic means on the Website are available 7 days a week, 24 hours a day. The functioning of the Website requires periodic technical monitoring and updates, which may cause temporary and short-term interruptions in the operation of the Website.

Valvex reserves the right to:

a) modify the Website, in particular the scope and type of services and functionalities, including deciding on the content of the Website,

b) periodic technical breaks necessary for the modernisation, maintenance and development of the Website other than those described in paragraph 3 above. Valvex informs Customers about these interruptions by posting an appropriate message on the Website;

c) periodic technical interruptions or disruptions in the provision of services by electronic means and the provision of the Website, which are caused by force majeure, acts or omissions of third parties (actions independent of Valvex).

The Services provided under the Agreement for the provision of services by electronic means are made available on the Website free of charge.

Individual Services available on the Website may be subject to separate regulations.

The Customer may contact us in matters related to the Services provided on the Website via the Contact Form.

The Agreement for the provision of services by electronic means is concluded when Valvex starts providing the Service available on the Website:

a) in the case of Services other than those specified in point b) and c) below, including the Service consisting in displaying the content of the Website – once it is used by the Customer, including entering the Website,

b) in the case of Services at the express request of the Customer – upon completing or sending the appropriate form, opinion, comment, etc.

c) in the case of Services for which registration is required to create an Account – after proper registration and logging in of the Business Client on the Website.

The provision of Services by Valvex on the Website is indefinite.

The Agreement for the provision of services by electronic means is terminated when:

a) the Customer stops using the Services, including leaving the Website (in the case of Services other than those specified in points b) and c) below), or

b) effective resignation from a given Service by the Customer (in the case of Services at the express request of the Customer), or

c) deactivation (deletion) of the Business Client’s Account (in the case of Services for which registration in order to create an Account is required).

A Customer who wants to terminate the Agreement for the provision of services by electronic means made available on the Website (item 10 points b) and c) above) must inform Valvex of their decision by means of an unambiguous statement sent by e-mail to the following e-mail address: marketing@valvex.com or via Contact Form. Valvex may verify the truthfulness of the statement by sending a confirmation request to the e-mail address assigned to the Account. In such a case, the agreement for the provision of services as part of the Website is terminated within 3 business days from the date of receipt of the notice of termination.

Valvex may terminate the Agreement for the provision of services by deleting the Account on the Website immediately if – despite a prior warning – the Customer continues to use the Website in a manner inconsistent with the Regulations, detailed regulations or repeatedly commits a similar violation of the said regulations or has terminated commercial cooperation with Valvex. In such a case, the Customer may not re-create the Account unless Valvex consents.

V.  RULES FOR USING THE WEBSITE

When using the Website, each Customer is obliged to comply with the provisions of law, the provisions of the Regulations and the principles of social coexistence, in particular to comply with the prohibition of providing with use of electronic means of communication content that disrupts the operation of ICT systems or overloads ICT systems and violates the rights of third parties and generally accepted social norms or that is inconsistent with generally applicable provisions of law.

By using the Website, the Customer is obliged in particular to:

a) use it in a way that does not infringe the rights of third parties and the rights and interests of Valvex, as well as not to provide illegal content,

b) post the Customer’s Own Materials that are not misleading and do not infringe any rights of third parties, including copyrights, rights to trademarks and personal rights of third parties; if such actions are detected, Valvex will immediately remove such Materials,

c) use the Website in a way that does not hinder or disrupt its functioning, in particular through the use of specific software or devices,

d) use the Website in a way that does not inconvenience others, respecting their privacy and all their rights (including copyrights, rights arising from trademark registration, etc.),

e) not take actions such as sending and placing advertisements, announcements, unsolicited commercial information (spam) or content unrelated to the subject matter of the Website,

f) use all Materials posted on the Website within the limits permitted by law, including for one’s own personal use.

Customers are prohibited from making their Website Account or Password available to third parties.

The Customer should immediately notify Valvex of any violation of their rights or personal rights in connection with the use of the Website, as well as of any other case known to them of violation of the law or principles set out in these Regulations in connection with the use of the Website.

Valvex has the right to inspect all published Materials, the right to remove them or refuse to publish them, in particular for the following reasons:

a) violation of the Website’s security rules,

b) unlawful use of the services offered on the Website,

c) posting the Customer’s Own Materials contrary to the provisions of these Regulations,

d) posting the Customer’s Own Materials which, due to their substantive or technical quality, cannot be posted on the Website or are not consistent with its nature,

e) violation of privacy or rights of third parties within the Website or applicable legal provisions,

f) actions detrimental to the good name or other personal rights of the Website’s Customers, Valvex,

g) publication of the Customer’s Own Materials that are inconsistent with reality, inaccurate or outdated,

h) justified doubts regarding the possession and scope of the Customer’s rights to the Customer’s Own Materials.

For security reasons, other important reasons beyond Valvex’ control, or if Valvex finds a violation of the rules of using the Website specified in these Regulations, in particular through the publication of the Customer’s Own Materials, Valvex has the right to call on the Customer to refrain from such actions under the threat of deletion of the Account. Valvex may also remove certain Customer’s Own Materials. In the event of a repeated violation, the Customer’s Account will be deleted, about which the Customer will be informed via the Customer’s e-mail address provided for registering the Account on the Website or later updated within the Account. A Customer whose Materials have been removed due to violating the rules of using the Website may not re-publish the Materials without Valvex’ prior consent.

Each Customer acknowledges that the content posted by them, including photos or other materials constituting works or the subject of other exclusive rights of the Customer may be used by Valvex, including for the purpose of performing the Agreement concluded with Valvex for the provision of services by electronic means under an unlimited in time, non-exclusive, royalty-free license to use such Materials by Valvex, authorising:

a) in the scope of recording and reproducing Materials – producing copies of Materials using a specific technique, including printing, reprographic, magnetic recording and digital techniques;

b) within the scope of trade in the original or copies on which the Materials are recorded – placing on the market, lending or renting the original or copies;

c) in terms of disseminating the Materials in a manner other than that specified in item b) above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the Materials publicly available in such a way that everyone can have access to them at a place and time of their choosing.

By placing the Customer’s Own Materials on the Website, the Customer transfers to Valvex free of charge the right to authorise the exercise of derivative copyright to the Materials placed on the Website by the Customer.

The Customer posting the Customer’s Own Materials on the Website, including photographs, acknowledges that their size (file size) may be changed to adapt to the requirements of the Website.

The Business Client guarantees and undertakes that in the event of a third party making claims relating to copyrights to the Customer’s Own Materials, it will indemnify Valvex from these claims or repair any damages incurred by it, resulting in particular from actions aimed at causing the third party to withdraw from pursuing claims or from the need to satisfy the claims of third parties, including covering all costs of pre-court actions and possible court proceedings.

The Materials, including Valvex Licensed Materials, including graphic elements, arrangement and composition of these elements (layout), trademarks available on the pages and subpages of the Website, are subject to Valvex’ rights. The indicated elements may be the subject of economic copyrights, industrial property rights, including trademark registration rights and database rights, and as such they enjoy statutory legal protection. Downloading or using in any scope the Materials available on the Website requires the consent of the authorised person and may not violate the provisions of the Regulations and generally applicable law, and may not violate the rights of Valvex or Customers. Detailed provisions of the Regulations regarding licenses granted to use Valvex Licensed Materials are included in Chapter VII of the Regulations.

VI. ACCOUNTS ON THE WEBSITE

1. As part of the Website, the Business Client may apply to Valvex to set up two Accounts enabling access to: (i) the B2B zone or (ii) the Media Bank. When applying to create an Account on the Website, the Business Client specifies for which Account they apply, and in the absence of a declaration in this regard, it is assumed that the application covers both types of Accounts simultaneously. Valvex reserves the right to refuse to set up any Account without giving a reason.
2. In each of the cases referred to in point 1 above, creating an Account for the Business Client requires the Business Client to either correctly complete the appropriate application form available on the Website or send an e-mail with information about the willingness to create an account to marketing@valvex.com or direct contact with Valvex. As part of the registration, the Business Client provides their first and last name (obligatory if they run a business as a natural person or as part of a civil partnership), business name, company address and e-mail address (which is the Login), and if they wish to use the other functionalities of the Website, they must provide additional necessary data. Registration requires careful reading of the Regulations and marking on the form that the Customer has read the Regulations and fully accepts all its provisions. After verification of the Business Client by Valvex and registration of the Account, access data to the Account (including an automatically generated Password) will be sent to the e-mail address provided during registration; After activation and acceptance of the Regulations, the Customer will be able to fully use the Account, but it is recommended to immediately change the Password.
3. Creating each Account is free and voluntary, but necessary to use the Services specified in point IV paragraph 2.2.
4. Each time you finish using the Website, you must log out of your Account.

VII. USE OF LICENSED MATERIALS

All rights to the Website, including economic copyrights, intellectual property rights to its name, Internet domain, Website, as well as to the Materials posted on it by Valvex, belong to Valvex, and they may be used only with the consent of Valvex expressed in writing to be valid, subject to the provisions below regarding the Licensed Materials made available by Valvex to the Business Client under the Account in the Brand Bank and Media Bank.

Valvex grants the Business Client a license to use the Licensed Materials made available to the Business Client as part of the Account in the Brand Bank and Media Bank.

Licenses are granted in relation to Licensed Materials available in the form of trademarks in the Brand Bank on the following terms:

a) it is limited in nature and allows the use of Licensed Materials only for the purpose of marking and promoting Valvex goods in the Business Client’s stores and sales points, including online and in social media;

b) it is non-exclusive;

c) it entitles the Business Client to use Valvex trademarks without territorial restrictions;

d) it is free of charge;

e) it does not include the right to grant a sublicense;

f) it is granted for an indefinite period of time (provided that it also expires upon deletion or deactivation of the Account or, in the case of individual trademarks, it expires at the latest upon the expiry of Valvex’ protection rights for individual trademarks);

g) If Valvex trademarks are used in the marketing materials of the Business Client, the Business Client will send a draft of these materials for Valvex’ approval before publication; information in this regard will be exchanged electronically to the following address: marketing@valvex.com.

The license in relation to the Licensed Materials available in the Media Bank is granted on the following terms:

a) it covers the following fields of exploitation: use (recording, reproduction and dissemination) of the Licensed Materials on media and in the Customer’s advertising materials, published in electronic form (including online) and in print, also in large format, unless otherwise stated for a given Licensed Material;

b) it is non-exclusive;

c) it entitles the Business Client to use the Licensed Materials in the territory specified each time for a given Licensed Material;

d) it is free of charge;

e) it includes the right to entrust the recording or reproduction of works to third parties;

f) it does not include the right to grant a sublicense;

g) it is granted for an indefinite period of time (provided that it also expires when the Account is deleted or deactivated),

h) it is granted in the scope of marking and promoting Valvex products in the Business Client’s stores and sales points, including online and in social media.

i) in the case of using the Licensed Materials in the marketing materials of the Business Client, the Business Client will send a draft of these materials for Valvex’ approval before their publication, together with a media plan containing an estimate of the reach and views of the planned campaign using the Licensed Materials covered by the License; information in this regard will be exchanged electronically to the following address: marketing@valvex.com.

The Business Client, as part of their obligations as a licensee of the Licensed Materials, undertakes to:

a) not use the Licensed Materials in a manner that is misleading or likely to mislead, as well as damaging the positive reputation and image of Valvex; therefore, if any of the Licensed Materials are to be used to mark Valvex goods distributed by the Business Client, they undertakes to use the Licensed Material in a way that is consistent with the legal standards applicable in a given case regarding the correct marking of the Goods or services, their origin, manufacturer, brand, distributor;

b) not use the Licensed Materials in a way that infringes the personal rights or rights of third parties;

c) not use the Licensed Materials in a way that could be considered a violation of applicable law, in particular an act of unfair competition within the meaning of the Act on Combating Unfair Competition of 16 April 1993 (consolidated text: Polish Journal of Laws of 2020, item 1913, as amended);

j) not take any action aimed at obtaining any rights to the Licensed Materials, including registering them as a trademark, or cooperate with third parties in the activities indicated above;

k) use the Licensed Materials in a manner that does not violate their integrity, in accordance with the principles arising from the Agreement and instructions published by Valvex in the Brand Bank and Media Bank;

l) not use the Licensed Materials in a way that suggests that any visual content was created by the user or a person other than Valvex or a clearly identified entity;

m) in each case of using the Licensed Materials in Customer’s own publications or marketing materials, regardless of the analog or digital form used, the Customer is obliged to indicate in the materials their source, that is, Valvex, and indicate that the use is based on the granted License (marking: “Valvex SA license” in the immediate vicinity of the marks).

Valvex does not grant the Business Client under the license any other rights than those expressly indicated above in paragraphs 3 and 4.

Documents and instructions specifying the correct use of the Licensed Materials, in particular trademarks and markings (including trademark books, instructions for the use of branding strategies, rules for using the Licensed Materials), will be made available by Valvex in the Brand Bank and Media Bank, respectively. Above documents and instructions constitute an integral part of the granted license, and they may be changed by making the changed content available to the Customer in such a way that they can access them at a place and time of their choosing, i.e. via the Brand Bank or Media Bank.

Changes to the documents referred to in paragraph 7, may be made periodically by Valvex, about which the Business Client will be informed by electronic means of communication. The Business Client undertakes to comply with the latest versions of the documents and instructions referred to in paragraph 7, available in the Brand Bank and Media Bank.

For each identified case of violation of the obligations by the Business Client or the terms of the license referred to in paragraphs 3, 4 and 5 above, Valvex may charge the Business Client a contractual penalty of PLN 5,000.00.

For each identified case of using the Licensed Materials after the date referred to in paragraph 15, Valvex may charge the Business Client a contractual penalty in the amount of PLN 5,000.00 for each day of unauthorised use of the Licensed Materials.

Claiming compensation exceeding the amount of reserved contractual penalties is permissible.

Valvex has the right to terminate the license at any time and without giving a reason, subject to a 14-day notice period.

If you delete or deactivate your Account, this license expires on the same date.

Valvex has the right to terminate the license immediately in the event of:

a) breach by the Business Client of any of the terms of the license;

b) the Business Client commits an act that may constitute an act of unfair competition within the meaning of the Act on Combating Unfair Competition of 16 April 1993 (consolidated text: Polish Journal of Laws of 2020, item 1913, as amended) or any other violation thereof;

c) using the Licensed Materials in a manner that violates Valvex’ interests;

d) causing damage to Valvex by improperly exercising rights or obligations arising from the license;

e) the Business Client discontinues the sale of Valvex Goods.

In the event of termination or expiration of the license, the Business Client is obliged to immediately stop using the Licensed Materials and, within two business days, remove all Licensed Materials from its data processing systems, from all printed materials of the Customer (including billboards, posters, leaflets), both published and unpublished, as well as electronic communication systems and websites used by them.

VIII. LIABILITY

1. The Customer uses the Website’s resources at their own risk.
2. The Customer posts Materials on the Website at the Customer’s own risk and responsibility.
3. The Website may contain hyperlinks to websites managed by third parties. The Customer uses third-party resources at their own risk. Valvex is not liable for the reliability, validity and completeness of data contained on third-party websites that can be accessed via hyperlinks.
4. Valvex is not liable for any actions of the Customer or any person authorised by the Customer to act on its behalf.
5. Valvex is liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is a Business.
6. Valvex is not liable for non-performance or improper performance of services provided by electronic means if this is caused by third parties (in particular telecommunications operators, suppliers of telecommunications lines and electricity). However, Valvex is liable as for its own actions or omissions for the actions or omissions of persons with the use of which it provides services by electronic means, as well as persons to whom it entrusts the provision of these services.
7. Valvex is not liable for the impossibility or difficulties in using the Website resulting from reasons attributable to the Customer, in particular for the Customer’s loss of their Password or for third parties obtaining their Password (regardless of the method). Valvex is liable if the Customer loses their Password or third parties obtain their Password for reasons attributable to Valvex or for reasons for which Valvex is responsible.
8. Valvex is not liable for any damage caused by the actions or omissions of Customers, in particular for their use of the Website in a manner inconsistent with applicable provisions of law or the Regulations.
9. The sole source of Valvex’ obligations are these Regulations and mandatory provisions of law.
10. Any disputes arising between Valvex and the Customer who is a Business will be submitted to the court having jurisdiction over Valvex’ registered office.

IX. COMPLAINTS

1. Complaints regarding Services provided by electronic means made available on the Website, including irregularities or interruptions in the functioning of its technical infrastructure, should be submitted via e-mail to the following e-mail address: marketing@valvex.com. The complaint should specify the first and last name of the complainant and the type and date of occurrence of the irregularity.
2. Valvex undertakes to consider the complaint within 14 days from the date of its submission, and if this is not possible, to notify the complainant within this period of the reasons for the delay and the expected date of considering the complaint. Valvex responds to the complaint in the form in which the Customer submits the complaint, unless the Customer requests another available form.

X. PROCESSING OF PERSONAL DATA AND COOKIES

Information regarding the processing of Customers’ personal data and the use of “cookies” are included in the Privacy Policy and Cookies Policy, respectively.

XI. INFORMATION ABOUT RISKS

Valvex declares that the public nature of the Internet and the use of services provided by electronic means may involve the risks specified in paragraph 2 below, therefore Customers should use appropriate technical measures that minimise the risks indicated above, in particular use anti-virus programs and programs that protect the identity of Internet users. Valvex never asks the Customer to provide the Password in any form.

Valvex informs about specific risks related to the use of the Services by Customers. The information concerns risks that Valvex identifies as potential risks that should be taken into account despite the use of systems securing Valvex infrastructure against unauthorised influence of third parties:

a) possibility of malicious software (e.g. malware, Internet worms);

b) the possibility of finding weaknesses in the cryptographic system, thus enabling its breaking or bypass, and, consequently, the possibility of obtaining personal and confidential information;

c) the possibility of phishing by sending false e-mails that look deceptively authentic and, as a result, obtaining personal and confidential information about the user.

XII. OTHER PROVISIONS

1. The Regulations are made available by Valvex on the Website free of charge before concluding the Agreement for the provision of services by electronic means, as well as at the Customer’s request in a way that enables obtaining, reproducing and recording the content of the Regulations using the IT system used by the Customer.
2. Use by the Customer constitutes acceptance of the content of the Regulations. The Business Client is additionally obliged to confirm reading the Regulations and accepting them before gaining access to the Account, otherwise it will not be possible to use the Account.
3. Valvex reserves the right to amend these Regulations. Information about amendments to the Regulations are provided to Customers within 14 days before the date of entry into force of the amendments by posting information on the Website, and additionally – in the case of Business Client registered on the Website, by sending information to the e-mail address provided during registration. The Business Client may submit a declaration of non-acceptance of the amended Regulations and send their declaration to Valvex’ address or delete their Account on the Website. Upon receipt of a declaration of non-acceptance of amendments to the Regulations, Valvex deletes the Account held by the Business Client and informs them about this fact.
4. Valvex, for security reasons and for other important reasons beyond Valvex’ control, has the right to temporarily suspend Customers’ access to the Website or Services for the period necessary to eliminate the effects of the circumstances that are undesirable for Valvex or the Customers.
5. Headings and references to individual editorial units are for structuring purposes and any errors or inaccuracies in this respect do not affect the validity of the Regulations.
6. If any provision of the Regulations is found to be invalid or legally defective, the remaining provisions remain in force to the fullest extent permitted by law.
7. To the extent not regulated, generally applicable provisions of Polish law, including the Civil Code, apply.
8. The Regulations enter into force on 3 February 2023.