Terms and conditions
We would like to inform our esteemed customers of www.draminski.com that before using the login area in the user panel, they are required to read the content of our Terms and Conditions.
These Terms and Conditions are effective as of May 10, 2024.
TERMS AND CONDITIONS OF THE USER PANEL LOGIN AREA OF THE WEBSITE
www.draminski.com
- General Provisions
- Definitions
- Type and Scope of Electronic Services
- Intellectual Property
- Final Provisions
1. GENERAL PROVISIONS
The website operating under the address www.draminski.com is operated by Dramiński S.A., registered in the Register of Entrepreneurs maintained by the District Court in Olsztyn, 7th Commercial Division of the National Court Register under KRS number: 0000429112, NIP: 739 385 57 06, REGON: 281418440, with its business location and delivery address at ul. Wiktora Steffena 21, 11-036 Sząbruk, email address: biuro@draminski.com, tel. +48 89 675 26 00.
The website www.draminski.com operates under the terms set out in these Terms and Conditions.
The Terms and Conditions specify the types and scope of services provided electronically by www.draminski.com, the rules for providing these services, the conditions for concluding and terminating agreements for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
Every Service User, by taking actions aimed at using the Electronic Services of the www.draminski.com website, is obliged to comply with the provisions of these Terms and Conditions.
The condition for placing an Order on our website by the Customer is to read and accept the Terms and Conditions at the time of placing the Order.
The website www.draminski.pl sells Products online only within Poland, while in other European Union countries and outside the EU through distributors.
The Products offered via www.draminski.pl are new, conform to the agreement, and were manufactured by Dramiński S.A. in Poland at the company’s headquarters.
In matters not regulated by these Terms and Conditions, the following legal provisions shall apply:
The Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended),
The Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item 827),
The Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93 as amended), and other relevant provisions of Polish law.
2. DEFINITIONS
BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
CONTACT FORM – a form available on the website www.draminski.pl allowing the User to send a message to the Service Provider.
REGISTRATION FORM – a form available on the website www.draminski.com allowing the creation of an Account.
CONSUMER – a natural person who enters into a legal transaction with an entrepreneur not directly related to their business or professional activity.
ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality, which the law grants legal capacity, conducting business or professional activity on its own behalf.
CUSTOMER – a Service User who intends to conclude or has concluded a Sales Agreement with the Seller.
ACCOUNT – a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password, in which the User’s data is collected, including information about Orders placed.
TERMS AND CONDITIONS – these terms and conditions of the website www.draminski.com.
SELLER, SERVICE PROVIDER – Dramiński S.A. KRS: 0000429112, NIP: 739 385 57 06, REGON: 281418440 ul. Wiktora Steffena 21, 11-036 Sząbruk
NEWSLETTER – an Electronic Service allowing the User to subscribe and receive free information from the Service Provider, regarding Products available on www.draminski.com.
3. TYPE AND SCOPE OF ELECTRONIC SERVICES
A) The Service Provider enables the use of Electronic Services via www.draminski.com such as:
- concluding Product Sales Agreements,
- maintaining an Account on www.draminski.com,
- Newsletter,
- posting opinions,
- Contact Form.
B) The provision of Electronic Services to Users on www.draminski.com is conducted under the conditions specified in the Terms and Conditions.
C) The Service Provider is entitled to post advertising content on the website. These contents are an integral part of the website and the materials presented on it.
4. INTELLECTUAL PROPERTY
All content posted on the website at www.draminski.com is protected by copyright law and (except for item 12 of Chapter I and elements used under license, transfer of copyright, or permissible use) is the property of Dramiński S.A., registered in the Register of Entrepreneurs maintained by the District Court in Olsztyn, 7th Commercial Division of the National Court Register under KRS number: 0000429112, NIP: 739 385 57 06, REGON: 281418440, ul. Wiktora Steffena 21, 11-036 Sząbruk. The User is fully liable for any damage caused to the Service Provider as a result of using any content from the website www.draminski.com without the Service Provider’s consent.
Except for items 3 and 4 of this chapter, any use by anyone, without the explicit written consent of the Service Provider, of any element that constitutes the content or content of the website www.draminski.com constitutes a violation of the Service Provider’s copyright and will result in civil and criminal liability.
Customers may use the works and databases contained on the website www.draminski.com only within the scope of permissible use determined by the provisions of the Act of February 4, 1994, on copyright and related rights, and the Act of July 27, 2001, on the protection of databases. In particular, outside the cases specified in these provisions, it is prohibited to use the content for commercial purposes without the prior written consent of the Service Provider: reproduction, copying, transmission, distribution, or storage of part or all of the website’s content www.draminski.com, unless otherwise provided in the Terms and Conditions.
The Service Provider authorizes the Customer to use the proprietary copyrights to the materials contained on the website under a non-exclusive, free, and non-transferable license only for the purpose of viewing the presentation of Products sold by www.draminski.com and for concluding the Sales Agreement and services provided electronically, including the Newsletter and maintaining an Account.
The User, by sending a photo along with a description with the intention of placing it on the website www.draminski.com, grants the Service Provider a free, non-exclusive license to use the proprietary copyrights to the photo, according to the following rules.
The license authorizes the website www.draminski.com to use the photo indefinitely (license period) on the online store’s website www.draminski.com and on the profiles run for the Service Provider on social networks such as Facebook.
The license authorizes the use of the photo with a description in any of the following fields of exploitation:
- in terms of recording and reproducing the photo – producing copies of the photo using any technique, including printing, reprographic, magnetic recording, and digital techniques,
- in terms of trading the original or copies on which the photo has been recorded – placing on the market, entering into the memory of a computer, lending, or renting,
- in terms of distributing the photo in a manner other than those specified above – public performance, exhibition, display, reproduction, and broadcasting and rebroadcasting, particularly on the Internet, as well as public access to the photo in such a way that anyone can access it at a place and time of their choosing.
The license authorizes the use of the photo with a description worldwide.
Additionally, the User, by exercising their proprietary and moral rights:
- consents to www.draminski.com, without the need to obtain additional consent from the User, creating works from the photo by making cuts, digital processing to adapt them to the requirements described in the login area www.draminski.com, transforming the photo into a format that allows its use in the manner chosen by Dramiński S.A., making changes such as reducing, enlarging, cropping, etc., combining with other works within the meaning of the copyright and related rights law, and allowing www.draminski.com to use these works on the fields of exploitation specified above;
- allows www.draminski.com to perform derivative copyright, including particularly allowing the use of adaptations of the photo and disposing of these adaptations on the fields of exploitation specified above;
- authorizes www.draminski.com to destroy the fixation of the photo made by www.draminski.com without the need to obtain additional consent from the User,
- transfers to www.draminski.com the right to authorize the exercise of derivative copyright to the photo.
Additionally, the User declares that:
- they are the sole creator of the submitted photo along with the description and holds exclusive proprietary copyrights to it, unlimited by any rights or claims of third parties, and these rights include in particular the exclusive right to use, dispose of, and use the photo and submit it to third parties for use;
- the photo along with the description does not contain any hidden legal defects, it does not contain elements, the use of which would violate copyright, industrial property rights, or other intellectual property rights of third parties;
- the submitted photo along with the description has been legally obtained, it is not encumbered with any rights of third parties, and the photo has not been used in any way that would result in the expiration of the protection period, and it has not been used to such an extent that would prevent the conclusion of the license agreement with www.draminski.com and its use in accordance with the above provisions.
The User, by using the Content of the website www.draminski.com, does not acquire any intellectual property rights to the Content. The User acquires the right to use the Content only within the scope of permissible personal use.
None of the provisions of these Terms and Conditions give Users the right to use any trademarks contained on the website.
5. FINAL PROVISIONS
The agreements concluded through www.draminski.com are in accordance with Polish law.
In the event of any incompatibility of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
Any disputes arising from the provision of services under these Terms and Conditions will be submitted to the competent common courts.
Any matters not covered by these Terms and Conditions shall be governed by the relevant provisions of Polish law.
These Terms and Conditions are effective from May 10, 2024.