Services Terms of Use 2020

  • 1

Definitions

  1. Service Price – the amount in Polish zloty (PLN) constituting the gross price of the Final Service, performed on the basis of the Order within the framework of a Single Service, including all performances due to the Contractor in connection with the performance of the Final Service, in particular the costs of transport, delivery, packaging, assembly, insurance, as well as possible public law charges, including customs duties, regardless of the entity to which it is to be provided, which the Customer is obliged to pay.
  2. Express Personal Orders – a special type of Personal Order, which is carried out by the Service Provider at the special request of the User outside the established appointments for Personal Orders, for a separate fee payable by the Client to the Service Provider;
  3. Henry – the Service Provider’s employee(s) or another person (s) connected with the Service Provider by any legal relationship or authorised by the Service Provider, carrying out, on the instructions of the Service Provider or a person authorised by the Service Provider, the acceptance and execution of Orders from Clients via the channels set out in § 4(1) and making visits to the agreed location to collect Personal Orders.
  4. Customer – the User-beneficiary of the Final Services who has entered into a Final Contract with the Contractor as a result of the AskHenry Services; the Customer may also be the Sharing Party or a third party designated by the Sharing Party, acting on behalf of and for the account of the Sharing Party.
  5. Customer Panel – an electronic service created and provided by the Service Provider to the User via the Website, constituting the User’s exclusive access space in the ICT system provided by the Administrator;
  6. Single Service – a single performance of the AskHenry Service by the Service Provider to the Customer on the basis of an Order.
  7. Privacy Policy – a document adopted by the Service Provider and available on the Website, describing the detailed rules for the processing of personal data by the Service Provider;
  8. Rules of Procedure – these Rules of Procedure.
  9. Registration – providing via a form in an ICT system (in particular on the Website) or in writing one’s personal data, i.e. name, surname, e-mail address, contact telephone number, combined with obligatory consent to the provisions of the Rules and Regulations and optional consent to sending commercial information;
  10. Website – the website is available at www.askhenry.pl, through which the User can make a Registration.
  11. Sharer – a natural person conducting a business activity, a legal person or an organisational unit without legal personality, which is also a workplace or other unit associating potential Users, who have concluded an agreement with the Service Provider covering the provision of access to the AskHenry Services to its employees, service providers and contractors and other collaborators after prior Registration, for remuneration; a Sharer may also be a natural person not conducting a business activity if he/she concludes an agreement with the Service Provider for the personal use of the AskHenry Services.
  12. Contract – a contract for the provision of services by electronic means, concluded by the User with the Service Provider.
  13. Final Contract – any named or unnamed contract relating to the Final Services, entered into with the Contractor through the Service Provider.
  14. AskHenry Services- gratuitous intermediary services provided by the Service Provider to Users on the basis of Orders collected by Henry through the channels specified in § 4.
  15. Final Services – all services, regardless of their number, nature, content and complexity, provided by Contractors on the basis of Customer Orders provided by the Service Provider;
  16. Service Provider – the entity providing AskHenry Services under the terms of these Terms and Conditions, registered under the name: Henry Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Hoża 86/410, 00-682 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Business Division of the National Court Register under KRS number 0000564018, NIP: 5213699794, REGON: 361824891.
  17. User – a natural person with full legal capacity, a legal person or an organisational unit without legal personality who has concluded a Contract with the Service Provider.
  18. Contractor – the entity providing the Final Services in accordance with its characteristics and the nature of its business, which is obliged by the Service Provider to provide a specific service to the Customer, or the Service Provider itself.
  19. Order – a declaration of intent by the Customer covering the type and scope of the activity to be commissioned to the Contractor, as well as the items, if any, transferred as to which the Final Service is to be performed.
  20. Personal Order – a particular type of Order, as described in § 5, made by the User in person to Henry during his visit to a location agreed by the Service Provider with the Provider, in connection with which Henry may be entrusted with the property;

 

  • 2

General principles

  1. These Terms and Conditions set out the terms and conditions for the conclusion of Contracts, the use of AskHenry Services and the Website.
  2. The AskHenry brand is owned by the Service Provider.
  3. The user undertakes to familiarise himself with the wording of the Terms and Conditions.
  4. The use of AskHenry’s Services is voluntary for each User and the conclusion of the Agreement for the provision of electronic services (Registration on the Website) does not create any obligation on the part of the User.
  5. The use of the AskHenry Services is subject to correct Registration and submission of a valid Order. Registration is only possible for persons to whom the Service Provider has made this possibility available, on the basis of a separate agreement concluded between the Service Provider and the Sharing Party. Where the agreement referred to in the preceding sentence has been concluded with the Service Provider also or exclusively for the purpose of the Service Provider providing the AskHenry Services to a party to this agreement, the Sharing Party is also a User, and all the consequences resulting therefrom, in particular the rights and obligations arising from each time the Sharing Party becomes a Customer, shall apply accordingly to such Sharing Party.
  6. The Sharing Party referred to in paragraph 5 above in fine may, in order to use the AskHenry Services, designate another authorised User or Users who shall be entitled to submit Orders in its name and on its behalf, and any legal consequences arising from the submitted Orders, in particular those related to the Sharing Party’s becoming a Customer, shall be borne exclusively by the Sharing Party. The appointment of an authorised User pursuant to this provision is the same as the granting of a power of attorney to that User to make and receive declarations of will and knowledge on behalf of the Sharing Party.
  7. Upon Registration, an Agreement for the provision of services by electronic means is concluded between the User and the Service Provider, the subject of which is the provision of AskHenry Services at any request of the User. The User retains the right to terminate the Agreement at any time, which is done by sending a statement of termination of the Agreement or a request to remove access to the Customer Panel to the email address Usługodawcy:bok@askhenry.pl.
  8. Upon Registration, a Client Panel is created for the User, within which he/she can place Orders, check the status of the execution of the Orders placed, obtain assistance with the most common problems, and manage the data he/she has entered, visible to the Service Provider. Access to the Client Panel may take place after the User has established an authentication password, through a link made available to him/her by the Service Provider or the Provider.
  9. The Customer Panel can also be created personally by the User, provided that he or she expressed such a wish during Registration. The creation of a Customer Panel requires the User to provide an e-mail address and to set up an authentication password.
  10. The technical requirements necessary to use the AskHenry Services provided by the Service Provider are:
    1. an active electronic mail (e-mail) account and a device connected to the Internet that meets the following minimum technical requirements:
      web browser version at least Internet Explorer 9 or Chrome 16 or Firefox 10 or Opera 11 or Safari 5 or later, with Java Script enabled;
      – the minimum screen resolution of 1024×768 pixels;
      or
    2. a mobile phone with active sending and receiving of SMS text messages, operating within the GSM standard.
  11. The user is obliged not to provide content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes the personal rights and other rights of third parties.

 

  • 3

Types and scope of the AskHenry Services provided

  1. The parties to the Final Contract shall always remain the Contractor and the Client, and the Service Provider shall only provide intermediary services for the conclusion of the Final Contract between the Contractor and the Client within the scope of the power of attorney granted to it. If the Contractor of the Final Service is the Service Provider itself, the Service Provider shall be a party to the Final Contract and the provisions of the Terms and Conditions relating to the Contractor shall apply to it accordingly. The Customer shall be expressly informed of the fact that the Final Service is performed by the Service Provider prior to the performance of the Final Service. The Contractor shall issue all accounting and billing documents and proofs of purchase or performance of the Final Service to the Client.
  2. The Agreement, as well as the AskHenry Services provided by the Service Provider, are free of charge, the User shall only be obliged to pay the Service Price for the Final Services that are the subject of the Final Agreement with the Contractor, subject to the next sentence and paragraph 10 below. The foregoing means that if the Contractor is the Service Provider itself, the Final Service is separate from the AskHenry Service and the remuneration for the Final Service will be due to the Service Provider regardless of the gratuitousness of the AskHenry Service.
  3. AskHenry’s services include the organisation and provision of organisational and information services at the User’s request to an unlimited extent, including in particular:
    1. mediating the conclusion of small everyday contracts and other adhesion agreements, including those concluded by electronic means, at the express request of the Customer specified in the Order;
    2. Searching the resources of the Internet and all publicly accessible materials, catalogues, collections, directories, registers and other sources in order to obtain information that is of interest to the Customer, the search for which has been expressly instructed in the Order;
    3. The handling of all the Client’s affairs as expressed in the Order, including with regard to the entrusted movable property within the limits of the instructed action specified in the Order;
    4. to carry out legal transactions in the name and on behalf of the Client and to enter into any binding relationships in accordance with the instructions set out in the Order;
    5. the organisation of services and goods in accordance with the Customer’s wishes as expressed in the Order.
  4. The Service Provider reserves the right not to perform a Single Service if:
    1. this will not be possible at the time the User places the Order, using the technical means and knowledge available to the Service Provider or Contractors,
    2. if the Order is placed in connection with the User’s business or professional activity, unless it is placed by the Sharing Party or by a User authorised pursuant to § 2 section 6 on behalf of that Sharing Party;
    3. The order is incomplete, is affected by a defect or is detrimental to the interests or good name of the Service Provider,
    4. the value of the Order is disproportionately high in relation to the scope of AskHenry’s Services, and also for valid reasons where the execution of the Order would involve the disproportionate expenditure on the part of the Service Provider,
    5. The User refuses to make payment in the form of prepayment to the account of the Contractor or in trust of the Service Provider, if the Price of the Service exceeds the amount of PLN 100 or its equivalent expressed in a foreign currency, calculated according to the average exchange rate of the National Bank of Poland on the date of performance of the Single Service,
    6. The user does not give the consent indicated in § 4 section 4,
    7. The User shall not consent to the commencement of the Final Service prior to the expiry of the deadline for withdrawal from the Final Agreement and the loss of this right in the event that the deadline for performance of the Final Service is less than 14 days from the date of conclusion of the Final Agreement,
    8. The order covers the Final Service provided by him personally, which he is unable to perform within a reasonable, requested or assumed time, in particular for technical or fortuitous reasons.
  5. In the case indicated in paragraphs 4(f) and (g), Henry will provide the User with the data to enable direct contact with the Contractor for the purpose of obtaining further information or negotiating the terms of the contract. As soon as the contact details are handed over, the Service Provider is released from further provision of the AskHenry Services.
  6. The terms and conditions of the End-to-End Services shall be determined solely by the Contractors (including the Service Provider where applicable). The method of access to the content of the Terms and Conditions shall be determined by the Contractors. In the event of the conclusion of the Final Contract, the Service Provider, on behalf of the Contractor or on its own behalf, shall provide the Client with the regulations or terms and conditions of service recorded in another form and other documents required by the relevant regulations, unless these documents have already been provided to the Client by the Contractor, the Service Provider or the Client is in possession of them.
  7. The Service Provider undertakes to provide the AskHenry Services through Henry from Monday to Friday, excluding public holidays, between 9:00 am and 6:00 pm.
  8. The Service Provider undertakes to provide the AskHenry Services in the Republic of Poland and abroad. In the scope of the Personal Orders described in § 5, the Service Provider shall provide the AskHenry Services at the User’s place of work or in other places agreed by the Service Provider with the Sharing Party by separate agreement, within the administrative borders of the capital city of Warsaw and in all other cities agreed by separate agreement between the Service Provider and the Sharing Party, of which the User will be informed by the Service Provider or the Sharing Party.
  9. The User is entitled to use the AskHenry Services as many times as he wishes, being obliged each time to pay the Service Price for each Final Service performed on the basis of the Order. Additional costs charged by the Contractor (e.g. transport, delivery and other operating costs) shall be borne by the Customer and these costs shall be included in the Service Price.
  10. Within the framework of an Express Personal Order, the Customer, in addition to the Service Price including the costs referred to in paragraph 9, shall be obliged to pay the Service Provider additional remuneration for the execution of the AskHenry Services outside the agreed dates for the execution of Personal Orders. The amount of this remuneration shall be communicated to the Customer prior to the execution of the Express Personal Order, and the execution of the Express Personal Order shall be subject to the express acceptance of the remuneration in this amount each time.
  • 4

Orders

  1. The transmission of the Order to the Service Provider by the User is carried out by alternative methods:
    1. electronic message (e-mail);
    2. text message (SMS);
    3. via the Customer Panel;
    4. by telephone;
    5. personally to Henry or
    6. by any other communication channels or media agreed between the Service Provider and the User.
  2. The addresses and numbers of the terminal equipment indicated in paragraph 1, under which the User may transmit the Order, are dedicated to a specific group of Users coming from the respective Sharing Party and will be communicated to them personally at the workplace or by e-mail. The access link to the Customer Panel will be provided in the same form.
  3. Confirmation of receipt of the Order by the Service Provider takes place through the same channel as the Order was placed unless the Client has explicitly stipulated the confirmation of the Order through a different method (channel). Confirmation of an Order placed via the Client Panel and a Personal Order takes place in the form of an e-mail message.
  4. The transmission of an Order by the User, if its effect is to conclude a contract concerning the performance of the Final Service, is equivalent to the granting of a specific power of attorney to the Service Provider to perform the legal action specified in the Order, the performance of which is reserved subject to the obtaining of consent from the User, regardless of whether it is granted prior to or subsequent to the commencement of the Single Service.
  5. If the confirmation of the Order by the Service Provider has not taken place within 24 hours during the working hours indicated in § 3.7 from the date of submission of the Order or its fulfilment is delayed for reasons attributable to the Service Provider by 3 days, the User has the right to cancel the Order, even though the fulfilment of the Final Service has commenced. The above shall not apply if, due to the specific or complex nature of the Final Service, the Contractor has set a different deadline for performance, of which Henry has informed the Client.
  6. Cancellation of the Order is also not possible in the case of Final Services, the specifics of which imply that they are performed immediately, and in the case of contracts concluded off-premises or at a distance, as to which the Customer is not entitled to withdraw from the contract, as referred to in Article 38 of the Act of 30 May 2014 on Consumer Rights.
  7. Subject to the provision above, the User may revoke the Order prior to the conclusion of the agreement for the provision of the Final Service.
  8. If, within the framework of a Single Service, the Client commits the Service Provider to perform a specific legal act, its revocation will only be possible if the Client has a right of withdrawal or another equivalent right of revocation of the declaration of intent guaranteed by the Contractor.
  9. All Prices of the Services given by Henry to the User are final gross prices given in Polish zloty unless the Final Service is provided in a country other than Poland and payment for it is only possible in a foreign currency. Where the Final Contract involves payment in a currency other than the Polish zloty, the Service Provider shall convert this amount into the Polish currency in accordance with the amount of the Service Price posted in Polish zloty by the Service Provider’s bank account operator with rounding up to the nearest whole zloty, unless the Service Price must be prepaid by the User prior to the performance of the Final Service, in which case the Service Provider will convert the Service Price into Polish zlotys according to the exchange rate in force on the day the transaction is posted by the bank operating the Service Provider’s bank account or according to the exchange rate on the day the transaction is posted by the Service Provider’s payment card operator and increase it by the currency conversion commission applicable to the above-mentioned entities.
  10. The Service Provider shall issue the User with an accounting document received from the Contractor as proof of the conclusion of the Final Contract. This proof may be sent electronically, to the indicated e-mail address in the form of an electronic image of the document, delivered in person or attached to a possible parcel or sent separately for an additional fee. In the process of submitting the Order, the User may wish to receive an invoice instead of a fiscal receipt or other proof of entering into a contract with the Contractor. In this case, the User is obliged to provide the TIN at the latest at the time of placing the Order, under pain of losing the right to request an invoice, unless the request includes the issuance of an invoice for a private person (without the TIN). In this case, the request may be made within three months of the end of the month in which the Final Service was performed,

 

  • 5

Personal orders

  1. As part of the AskHenry Services, Henry may also accept Orders in person, at a location agreed in advance between the Service Provider and the Sharing Party, in particular at the Users’ place of work or other agreed locations, where he may also accept Orders involving the entrustment of movable property. The date of Henry’s visit to the place agreed by the Service Provider and the User to collect Personal Orders shall be agreed upon between these parties electronically and with the consent of the Sharing Party, if access to the AskHenry Services has been granted to the User on the basis of the agreement concluded by the Service Provider with the Sharing Party competent for the User.
  2. The Parties agree that the fulfilment of Personal Orders shall only be possible for Users affiliated by such Sharing Party that has concluded an agreement with the Service Provider covering the provision of such services. In this case, Personal Orders shall only be possible for Users working or providing services on the premises of such Sharing Party or at other locations agreed between the Service Provider and the Sharing Party, of which such Users shall be informed by the Service Provider or the Sharing Party.
  3. The commencement and termination of the Personal Order and the actual AskHenry Services provided by the Service Provider, in the case indicated in paragraph 2, must take place within these cities.
  4. If, for any reason, it becomes impossible to hold a scheduled appointment, Henry will notify the User of this fact and schedule an alternative appointment within 7 days.
  5. If, within the framework of the agreement concluded with the Provider, the Express Personal Orders service has been made available to the Users, the User may also, upon express request, submit a Personal Order involving the entrustment of property outside of the deadlines for their submission agreed pursuant to paragraph 1, which will be executed by the Service Provider immediately, no later than within 24 hours, provided that it is submitted no later than 5 p.m. If the Order is submitted after the indicated time, the Service Provider shall only guarantee the commencement of the AskHenry Services no later than the end of the next business day.
  6. An additional fee is charged to the User for the Express Personal Order, which constitutes the Service Provider’s remuneration, the amount of which must be accepted by the User in each case. The Service Provider may require prepayment in order to proceed with the AskHenry Services. The User’s acceptance of the amount of remuneration must be explicit and has effects identical to the acceptance of the Service Price in a standard Order.
  7. Express Personal Orders may only be carried out by those Users to whom the option to submit Personal Orders has been made available.
  • 6

Payments

  1. Payment for the Final Service shall be made by the Client in advance after the Service Provider has been informed by the Contractor of the Service Price and informed the Client.
  2. Payments will be accepted in the form of online payments.
  3. The online payment service provider is Blue Media S.A.
  4. The commencement of the execution of the Order and the time of its execution are calculated from the moment of positive payment authorisation. In the event that the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the bank account of the Service Provider or Contractor, subject to paragraph 5.
  5. Payment by the User shall be deemed to be an agreement to perform the Final Service. If the User is unwilling to perform the Final Service, the User is obliged to inform the Service Provider immediately.
  6. The Service Provider reserves the possibility of ordering Final Services without prior payment of the Service Price by the Client, only with the Client’s prior express consent and provided that the Service Price does not exceed PLN 100 unless the Service Provider and the Sharing Party have agreed on a higher amount limit, of which the Users will be informed. The Customer will be informed by the Service Provider or the Sharing Provider of this possibility and the method of subsequent settlement.
  7. In the case described in paragraph 5, the Client is obliged to reimburse the Service Provider within no more than 7 days from the Service Provider’s request for reimbursement, provided that the Service Provider has made available the possibility to make payment via the ICT system or has provided bank transfer details. The ineffective expiry of the aforementioned period shall constitute grounds for the Service Provider to terminate the Agreement with the User with immediate effect. The Service Provider may also add the unpaid amount to the next Service Price to be recommended to the Service Provider as part of the Order. The Service Provider reserves the right to take legal action to enforce the debt owed.
  • 7

Withdrawal from the Final Agreement

  1. The Customer who has entered into the Final Contract remotely or off-premises may withdraw from it within 14 calendar days without giving any reason and without bearing any costs, except for the costs specified in paragraph 7 and subject to paragraphs 2 and 9 of this clause 7. Sending the declaration before the deadline is sufficient to meet the deadline. The declaration of withdrawal shall be submitted in the documentary form directly to the Contractor.
  2. For the avoidance of doubt, it is understood that (i) the conclusion of the Final Contract through the Service Provider by means of a Personal Order, as well as (ii) the conclusion of the Final Contract through the Service Provider by means of a Standard Order, insofar as they occur with the physical presence of Henry at the business premises – do not constitute a case as described in paragraph 1. Furthermore, the submission of an Express Personal Order is equivalent to the submission of a declaration of intent to commence the provision of the service resulting from the Final Contract before the expiry of the deadline for withdrawal from the Final Contract.
  3. The period for withdrawal shall begin:
    1. for a contract in the performance of which the Contractor delivers the thing, being obliged to transfer its ownership (e.g. a contract of sale) – from the taking of possession of the thing by the Customer or a third party indicated by the Customer other than the carrier, in particular Henry, and in the case of a contract which:
      1. involves multiple items which are delivered separately, in batches or in parts, from taking possession of the last item, batch or part, or
      2. consists of the regular delivery of goods over a defined period of time – from taking possession of the first item;
    2. for other contracts, from the date of conclusion of the contract.
  4. The Contractor or the Service Provider is obliged to return to the Customer all payments made by the Customer, including the costs of delivery (with the exception of additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery available from the Contractor), without delay, no later than within 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal.
  5. Refunds shall be made using the same method of payment used by the Customer unless the Customer has expressly agreed to a different method of refund that does not incur any costs for the Customer. If a refund is required for a transaction made by the Customer with a payment card, the refund shall be made to the bank account assigned to the Customer’s payment card. If the Contractor has not offered to collect the item from the Customer itself, the Contractor may withhold the refund of the payment received from the Customer until it has received the item back or the Customer has provided proof of its return, whichever event occurs first.
  6. The Customer shall be obliged to return the goods and other performances to the Contractor without delay, no later than within 14 calendar days from the date on which he has withdrawn from the Final Contract, or to hand it over to a person authorised by the Contractor for collection unless the Contractor has offered to collect the goods and other performances itself. Posting before the deadline shall suffice to comply with it.
  7. The Customer shall be liable for any diminution in the value of the thing resulting from its use beyond what is necessary to ascertain its nature, characteristics and functioning, and to the above extent the Contractor may be entitled to deduct an amount corresponding to the diminution in the value of the thing from the price paid by the Customer.
  8. Possible cancellation costs to be borne by the Customer:
    1. if the Customer has chosen a method of delivery other than the cheapest ordinary method of delivery available from the Contractor, the Contractor is not obliged to reimburse the Customer for the additional costs incurred by the Customer;
    2. The customer shall bear the direct costs of returning the goods and other services,
    3. In the case of Final Services, the performance of which – at the express request of the Customer – commenced before the expiry of the deadline for withdrawal from the Final Contract, the Customer who exercises the right to withdraw from the Final Contract after making such a request, shall be obliged to pay for the services performed up to the time of withdrawal from the Final Contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the agreed Service Price.
  9. The Customer’s right of withdrawal from the Final Contract concluded at a distance or off-premises shall not apply to contracts:
    1. for the provision of Services, if the Contractor has performed the Service in full with the express consent of the Customer, who has been informed prior to the performance that, after the performance by the Contractor, he will lose the right to withdraw from the Final Contract;
    2. in which the Price of the Services or the remuneration depends on fluctuations in the financial market over which the Contractor has no control and which may occur before the deadline for withdrawal from the Final Contract;
    3. in which the object of the performance is a non-refabricated item produced to the Customer’s specifications or intended to meet the Customer’s individual needs;
    4. where the object of the performance is an item that is perishable or has a short shelf life;
    5. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
    6. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
    7. in which the object of performance is alcoholic beverages, the price of which has been agreed at the conclusion of the Final Contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Contractor has no control;
    8. in which the Customer has expressly requested that the Contractor come to him/her for urgent repair or maintenance; if the Contractor provides additional services other than those requested by the Customer, or provides items other than spare parts necessary for the repair or maintenance, the Customer has the right to withdraw from the Final Contract with regard to the additional services or items;
    9. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
    10. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
    11. concluded by public auction;
    12. for the provision of accommodation services other than for residential purposes, carriage of goods, car rental, catering, leisure, entertainment, sporting or cultural events, if the Final Contract specifies the day or period of the Final Service;
    13. for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the Customer before the expiry of the deadline for withdrawal from the Final Contract and after the Contractor has informed the Customer of the loss of the right to withdraw from the Final Contract.
  • 8

Responsibility

  1. The Final Services shall be provided to the Client in its own name and for its own account by the Contractor concerned unless the Service Provider has expressly specified when placing the Order that the Final Services will be provided by the Contractor personally. The Service Provider shall not be liable for any claim of the Client arising as a result of the Client entering into a contractual relationship with the Contractor or making a particular decision by the Client on the basis of information obtained from the Service Provider. The Service Provider shall not be liable to the Client for the Contractor’s failure to duly perform the Final Services. The Service Provider does not guarantee the correct performance of the Final Services by the Contractors. This provision shall not apply in the event that the Service Provider is at fault in the selection.
  2. Claims by the Client relating to the performance of the Final Services by the Contractors should be addressed directly to the Contractors. The liability of the Service Provider shall, however, arise in the event that Henry has not performed the Order in accordance with its content. In such a case, the User shall not be obliged to pay the Service Price as well as other costs related to the Final Service.
  3. If a movable property is handed over to the Service Provider, the Service Provider undertakes to take care of the item and shall be liable for any acts or omissions resulting in damage to the item, its loss or diminution in its value.
  4. The Service Provider is not a party to the contracts relating to the Final Services and is therefore not liable in the event of any damage to property or the person, in particular in the event of injury, as it is not responsible for the actions of third parties other than Henry.
  5. The Service Provider may, at the express request of the Customer, mediate the complaint procedure in the event of dissatisfaction with the Final Service.
  6. The User acknowledges that Final Contracts and Final Services to the extent that they originate from Contractors based outside the Republic of Poland may be governed by foreign law – the law of the country of the Contractor’s registered office or the country of performance of the Final Contract or Final Service or any other country indicated in the terms and conditions of the Final Services, and therefore the rights granted to the Client and consumer protection may differ from that described in the Terms and Conditions, for which the Service Provider shall not be liable.
  • 9

Complaint procedure

  1. The User has the right to use the complaints procedure, whereby he or she may raise his or her objections to the AskHenry Services and the services provided electronically by the Service Provider, in particular issues related to the execution of Orders.
  2. A complaint can be submitted electronically at bok@askhenry.pl or in writing to 86/410 Hoża Street, 00-682 Warsaw, marked: “Complaints Department Henry Sp. z o. o.”.
  3. The complaint should contain at least the name and surname, e-mail address and a description of the objections raised. If the data or information provided in the complaint needs to be supplemented, the Service Provider shall request the complainant to supplement the complaint to the extent indicated before considering the complaint.
  4. The Service Provider shall consider the complaint within 14 days of receipt.
  5. The response to the complaint shall be sent only in the manner and to the address indicated in the complaint unless the User has stipulated a wish to receive the response in another fixed manner.
  6. If the complaint involves claims for which the Service Provider is not responsible, the Service Provider will forward the complaint to the relevant party without delay.
  • 10

Data protection

  1. The administrator of the User’s personal data is the Service Provider. The Service Provider reserves the right to entrust the User’s personal data to the Contractor in order to perform the Final Contract.
  2. In order to register on the Website, the User is required to provide his/her personal data. In addition, when placing an Order, the User may be asked to provide additional personal data to enable the performance of the AskHenry Services and the Final Services. Personal data may be made available to Contractors as recipients of data for processing to the extent necessary, solely for the purpose of performing the Final Contract.
  3. The provision of data is voluntary, but the provision of such data is a condition for the conclusion of the Contract or the Final Contract. Failure to provide data prevents the provision of AskHenry Services to the User.
  4. The Service Provider declares that the user’s personal data are processed in accordance with the applicable legislation, including in particular, as of 25 May 2018, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
  5. Detailed rules for the processing of personal data, as well as the scope of the User’s rights and the manner of their exercise, are set out in the Privacy Policy.
  6. The content of the Orders submitted by the User is not confidential, provided that their dissemination takes place after the complete anonymisation or pseudonymisation of the personal data of the person from whom the Order originates, which also means the disclosure of the content of the Order under fictitious personal data.
  • 11

Final Provisions

  1. The Service Provider reserves the right to amend these Terms and Conditions, which shall be effective at least 14 days after the relevant information is communicated to the User. Submission by the User of a statement of non-acceptance of the Terms and Conditions as amended within the aforementioned period shall be deemed as a termination of the Agreement.
  2. Orders placed by Users prior to the entry into force of the amendments to the Terms and Conditions will be processed in accordance with the previous provisions of the Terms and Conditions.
  3. These Regulations shall enter into force on 9 November 2020.