Terms and Conditions
The Terms and Conditions define the rights and obligations of the Attorney and the Client related to the contract for the provision of legal advice concluded via the website provided under the domain of karolinajankowska.eu, including the rules and procedure for exercising the right to withdraw from the contract by the Client.
The Attorney provides legal services by electronic means, within the meaning of the Act of 18 July 2002 on the provision of electronic services, in the form of legal advice via the Zoom.us application. The Terms and Conditions meet the requirements of the regulations referred to in Art. 8 sec. 1 point 1 of the Act of July 18, 2002 on the provision of electronic services.
The Attorney`s details
The legal advice service, which can be ordered via the website provided under the domain karolinajankowska.eu, is provided by attorney Karolina Jankowska under the name Kancelaria Adwokacka Adwokat Karolina Jankowska with its registered office in (61 – 873) Poznań, ul. Królowej Jadwigi 58/9, entered into the Central Register and Information on Economic Activity of the Republic of Poland, with the tax identification number NIP 7792304215 and REGON identification number 3024711600. Contact with attorney Karolina Jankowska is possible via the e-mail address: kancelaria@karolinajankowska.eu
Definitions
As used in the terms of use, all terms shall have the meaning set forth and below:
- The attorney – The attorney Karolina Jankowska owning a business under the name of Kancelaria Adwokacka Adwokat Karolina Jankowska with its registered office in (61 – 873) Poznań at ul. Królowej Jadwigi 58/9;
- Client – a natural person with full legal capacity, a legal person or an organizational entity without legal personality, but having legal capacity;
- Customer – any person who is a natural person with full legal capacity, who has concluded or intends to conclude an Agreement for the provision of legal advice with an attorney, not directly related to his business or professional activity
- Civil Code – the Act of 23 April 1964 – the Civil Code (i.e. Journal of Laws [Dz.U.] of 2017, item 459, as amended);
- Legal advice – a service provided by an Attorney through the Zoom.us application, which is the subject of the Agreement for the provision of legal advice between the Client and the Attorney;
- Terms and Conditions – The terms of Use contained herein;
- Website – website provided under the domain of karolinajankowska.eu;
- Agreement for the provision of legal advice service – an agreement for the provision of legal advice services concluded between the Client and the Attorney via the Website, on the basis of which the Attorney will provide an oral legal advice in the field of Copyright and New Technologies or Equal Treatment or Real Estate Rights, during a videoconference or a telephone conversation that lasts a maximum of 45 minutes, while the Customer is obliged to pay the price before the start of the videoconference or telephone conversation;
- Consumer Rights Act – the Act of May 30, 2014 on Consumer Rights (i.e. Journal of Laws [Dz.U.] of 2014, item 827, as amended).
Terms and Conditions acceptance and Privacy Policy
Acceptance of the Terms and conditions is voluntary but necessary to conclude the Agreement for the provision of legal advice. The Client is obliged to read the content of the Terms and conditions before booking the date of legal advice. Booking of the date of legal advice is equivalent to accepting the Terms and conditions. The customer is obliged to comply with the provisions of these Terms and conditions from the moment the date is booked. The protection of the client’s personal data is regulated in the Privacy Policy.
Agreement for the provision of legal advice
The Agreement for the provision of legal advice entails in clicking on the icon “GET LEGAL ADVICE” or “GET LEGAL ADVICE ONLINE“. Subsequently the customer clicks the “Porada prawna (max. 45 minut)” icon and is directed to the calendar page where he/she makes a reservation by selecting an available date and hour for a videoconference or telephone conversation. Finally, the client clicks on the “Confirm” icon.
- Then the customer fills in the electronic form by entering his/her name and surname, providing a current e-mail address for contact and selecting one of the three areas of law in which he needs legal advice, consequently accepting the Terms and Conditions along with the Privacy Policy.
- For the implementation of the Agreement for the provision of legal advice, the attorney will communicate with the client by e-mail by sending messages to the e-mail address provided by the client when booking the date of legal advice.
- The attorney sends the Client, to the e-mail address provided when booking the date, a confirmation of the date of legal advice and the bank account number of Kancelaria Adwokacka Adwokat Karolina Jankowska, to which the client is obliged to pay the price of legal advice in the amount of PLN 320.00 gross.
- The Agreement for the provision of legal advice between the Client and the Attorney is concluded upon e-mail confirmation by the attorney of the date booked by the Client and the Attorney`s indication of the bank account number of Kancelaria Adwokacka Adwokat Karolina Jankowska. The customer is obliged to pay the price no later than 3 hours before the booked and confirmed date of the videoconference or phone call. The price is considered paid after it is credited to the bank account of Kancelaria Adwokacka Advocat Karolina Jankowska.
- Shall the full price of PLN 320.00 gross be not received in the bank account of Kancelaria Adwokacka Adwokat Karolina Jankowska at least 3 hours before the scheduled date of the videoconference or telephone conversation, the contract shall be deemed not concluded.
- After reading the content of the booking or after receiving the payment of the price, the attorney has the right to ask the Client additional questions or ask for documents, if it is necessary for the provision of legal advice. The information and documentation sent are confidential and subjected to by attorney-client privilege.
- The Agreement for the provision of legal advice is a one-off and is concluded for the duration of the legal advice service, e.i. when booking a new date of legal advice, the client re-pays the price and concludes a new agreement for the provision of legal advice.
- The attorney provides legal advice personally during a videoconference or telephone call.
- Legal advice is provided on the date booked by the client and confirmed by the attorney, after paying for it using a traditional transfer, to the bank account number of Kancelaria Adwokacka Adwokat Karolina Jankowska.
- Legal advice is provided during a videoconference or telephone conversation conducted via the Zoom.us application, to which the Customer will receive a link and a phone number by e-mail after booking via the Website in the Calendly application.
- The attorney uses IT solutions offered by third parties to book the dates of legal advice and implement the Agreement for the provision of legal advice, which entails the need to entrust them with the processing of clients’ data. Due to the use of the Calendly LLC application and the Zoom.us application, personal data may be stored on servers located in third countries, in particular in the USA. Calendly LLC and Zoom.us ensure an adequate level of protection of personal data through the use of compliance mechanisms provided for by the GDPR.
The cost of the legal advice service and technical requirements
- The cost of the legal advice service is displayed on the Website, expressed in Polish zlotys (PLN) and includes VAT. The customer bears the cost of access to the Internet or the cost of a telephone connection.
- The client agrees to receive a fiscal receipt or VAT invoice issued by the Attorney, as well as credit notes and duplicates in electronic form, to the e-mail address provided by the client when booking the date of legal advice. In the case of a VAT invoice, the Customer provides the necessary data to issue a VAT invoice in electronic form to the Advocate’s e-mail address: kancelaria@karolinajankowska.eu.
- For the implementation of the Agreement for the provision of legal advice it is necessary to have a computer or other device connected to the Internet, or a telephone with a registered telephone number, equipped with a web browser: Mozilla Firefox from version 20 or Internet Explorer from version 8.0, Opera from version 11, Google Chrome from version 27, Safari from version 5.0 and access to e-mail (valid and active e-mail address), a keyboard or other device enabling the correct filling of electronic forms and booking an appointment, as well as enabling cookies in the web browser and Javascript support.
Complaint and withdrawal from the Agreement for the provision of legal advice
- The attorney`s liability towards the Client are governed by generally applicable law.
- The attorney`s liability towards the Client who is not a consumer is excluded.
- The consumer may submit a complaint in writing via traditional mail to the address of the Kancelaria Adwokacka Adwokat Karolina Jankowska, i.e. ul. Królowej Jadwigi 58/9, 61 – 873 Poznań, PL or in electronic form via e-mail to the following e-mail address: kancelaria@karolinajankowska.eu
- The complaint shall be handled providing that the Consumer indicated in its content the following data: name and surname or name of the Customer, current address, including e-mail address, indication of the subject of the complaint with a brief justification, indication of any requests.
- The attorney will respond to the Consumer’s complaint no later than within 14 calendar days from the date of its effective delivery.
- The subject of the complaint may not include in particular: a) legal advice provided by the Attorney, which does not confirm the interpretation of the provisions of law suggested by the Client nor favorable to the Client, b) provided legal advice, which was based on incomplete factual and legal status and on the basis of incomplete documentation indicated and provided by the customer.
- The complaint handled in accordance with the Terms and conditions is not subject to further or reconsideration.
- The Customer who is a Consumer may, within 14 calendar days, withdraw from the Agreement for the provision of legal advice, without giving any reason and without incurring costs other than those provided for by law and indicated in the Terms and conditions. To meet the deadline, it is enough to send a notice of withdrawal to the Attorney before its contract`s expiry date. This right does not apply in the case described below in these Regulations.
- The notice of withdrawal may be submitted in writing via traditional mail to the address of Kancelaria Adwokacka Adwokat Karolina Jankowska, i.e. ul. Królowej Jadwigi 58/9, 61 – 873 Poznań, PL or in electronic form via e-mail to the following e-mail address: kancelaria@karolinajankowska.eu
- The notice of withdrawal may be submitted, but it is not required, using the model withdrawal form included as Annex 2 to the Act on consumer rights.
- The period for withdrawal begins from the date of conclusion of the Agreement for the provision of legal advice. In the event of withdrawal from the contract, the contract is considered void;
- The right to withdraw from a contract concluded remotely is not entitled to the Consumer if the Attorney has provided legal advice, i.e. when there was a videoconference or a telephone conversation between the Consumer and the Attorney lasting a maximum of 45 minutes, for which the Consumer gave express consent by booking a date and paying the price using a traditional transfer to the bank account of Kancelaria Adwokacka Advocat Karolina Jankowska and your presence during a video conference or telephone conversation. The consumer is hereby informed that the moment the legal advice is provided by the Attorney, the consumer loses the right to withdraw from the contract;
- The attorney may withdraw from the contract, in particular in the event of the circumstances specified in the Code of Attorney Ethics or the Client’s breach of the provisions of Terms and Conditions.
- If legal advice can not be provided, the Attorney has the right to withdraw from the contract, immediately notifying the Client about it via e-mail sent to the e-mail address provided by the Client when booking the date. In such a situation, the Attorney returns the remuneration paid to the Client.
Out-of-court procedures for resolution of complaints
- Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online dispute resolution system for consumer disputes, in the event of a dispute as a result of the conclusion and execution of the Agreement for the provision of legal advice, the Consumer has the option to file a complaint , via the ODR platform at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
- The ODR platform is a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level, which is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
Final Provisions
- Any disputes arising from the conclusion and execution of the Agreement for the provision of legal advice which have not been resolved amicably as part of out-of-court proceedings are subject to the applicable laws, in particular the provisions of the Act of 23 April 1964 – the Civil Code (i.e. Journal of Laws [Dz.U.] of 2017, item 459, as amended);
- Any disputes arising from the conclusion and execution of the Agreement for the provision of legal advice with a Client who is not a Consumer will be settled by the court competent for the headquarters of the Attorney.
- The Attorney reserves the right to amend the Terms and Conditions. Amendments are effective from the moment they are placed on the Website kept under the domain karolinajankowska.eu in the “Terms and Conditions” subpage. The amendments to the provisions of the Terms and Conditions shall not apply to Customers who booked the date of legal advice during the validity of the previous version of the Terms and Conditions.
- The Terms and Conditions are valid from 04 July 2022.