Terms of service

§ 1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

  1. Service Provider – TORAKOL Spółka z ograniczoną odpowiedzialnością (formerly: "Rajmund Zalewski TORAKOL") with its registered office at: ul. Słoneczna 24a, 88-200 Radziejów, Poland, entered into the Register of Entrepreneurs of the National Court Register under KRS number: [KRS to be completed], holding REGON: [REGON to be completed] and NIP: 8891520945, with share capital of: [share capital to be completed], e-mail address: [email protected], phone number: +48 502 246 137, fax number: +48 54 429 50 99.
  2. Website – the internet service operated by the Service Provider at the domain address torakol.pl.
  3. User – any natural person, legal person or organizational unit without legal personality, to which the law grants legal capacity, using the Website.
  4. Terms and Conditions – this document, defining the rules for using the Website, constituting the regulations within the meaning of Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means.

§ 2. General Provisions and Scope of Activity

1. The Terms and Conditions define the rules for the free-of-charge use of the torakol.pl Website by Users, through which the Service Provider presents information about its business activities, in particular in the field of construction and delivery of sports surfaces such as football pitches, multi-purpose fields, tennis courts, athletic tracks and playgrounds, and enables contact with the Service Provider.

2. In order to use the Website, it is necessary to have an end-user device with Internet access, equipped with a standard and up-to-date web browser, as well as an active e-mail box in the event of wishing to use the contact form.

3. The User is obliged to use the Website in a manner consistent with the law, good practices and the provisions of these Terms and Conditions. It is prohibited for the User to provide content of an unlawful nature.

§ 3. Conditions of Use of the Website and Provision of Services

1. The Service Provider provides free services by electronic means via the Website, in particular the service of browsing the content of the Website (information about the offer, projects, information materials) and the service of providing an interactive contact form.

2. The contract for the provision of the Website browsing service is concluded when the User enters the Website and is terminated when the User leaves it.

3. The contract for the provision of the contact form service is concluded when the User starts filling out the form and is terminated when the message is sent or when the User stops filling out the form and leaves the Website.

4. In order to use the contact form, the User is obliged to provide the data necessary for contact (e.g., name, e-mail address, telephone number) and the content of the inquiry. Providing this data is voluntary, but necessary to obtain a reply.

§ 4. Tracking Tools and Cookies

1. The Website uses cookies and other tracking technologies to ensure the proper operation of the website, traffic analysis, personalization of content and conducting marketing campaigns, in accordance with Article 173 of the Act of 16 July 2004 – Telecommunications Law.

2. Personal data obtained through tracking technologies are processed based on the User's consent (Article 6(1)(a) of the GDPR) or the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR) consisting in optimizing the website's operation.

3. The Website uses the following third-party provider tools, which involve the use of cookies and potential data transfers outside the European Economic Area:

  1. Google Analytics 4 – provided by Google Ireland Ltd. Used for: traffic analysis, traffic sources, user behavior. Uses cookies: _ga, _ga_*. Data retention period is 14 months. Data transfer takes place to the USA based on Standard Contractual Clauses (SCC).
  2. Google Tag Manager – provided by Google Ireland Ltd. It is a tag manager for loading other scripts (GTM itself does not collect data directly in cookies). Data transfer takes place to the USA based on Standard Contractual Clauses (SCC).
  3. Meta Pixel (Facebook) – provided by Meta Platforms Ireland Ltd. Used for: remarketing, measuring conversions of advertising campaigns. Uses cookies: _fbp, fr. Retention period is from 90 days to 2 years. Data transfer takes place to the USA based on Standard Contractual Clauses (SCC).
  4. Google Ads (Conversion Tracking) – provided by Google Ireland Ltd. Used for: conversion measurement and remarketing in Google Ads. Uses cookies: _gcl_*, IDE. Retention period is from 90 days to 13 months. Data transfer takes place to the USA based on Standard Contractual Clauses (SCC).
  5. LinkedIn Insight Tag – provided by LinkedIn Ireland Unlimited Company. Used for: conversion measurement and B2B remarketing in LinkedIn Ads. Uses cookies: li_*, bcookie. Retention period is up to 180 days. Data transfer takes place to the USA based on Standard Contractual Clauses (SCC).
  6. YouTube — embedding videos – provided by Google Ireland Ltd. Used for: playing embedded YouTube videos on the site. Uses cookies: VISITOR_INFO1_LIVE, YSC, PREF. Retention period is from 6 months to 2 years. Data transfer takes place to the USA based on Standard Contractual Clauses (SCC).
  7. Google Maps — embedding maps – provided by Google Ireland Ltd. Used for: displaying an interactive map of the company's location. Uses cookies: NID, CONSENT. Retention period is from 6 months to 2 years. Data transfer takes place to the USA based on Standard Contractual Clauses (SCC).

4. The User has the ability to manage their cookie preferences directly from their web browser or using a dedicated consent management banner on the Website.

§ 5. Copyright

1. All content published on the Website, in particular texts, photos, graphic materials, page layouts, logos, offer descriptions and databases, are subject to legal protection provided for in the Act of 4 February 1994 on Copyright and Related Rights.

2. The owner of economic and moral copyrights to the Website and the materials contained therein is the Service Provider or third parties that have consented to the publication of their materials on the Website.

3. Copying, distributing, modifying, reproducing or any other use of all or part of the elements of the Website without the prior, express and written consent of the Service Provider is prohibited under pain of civil and criminal liability.

§ 6. Liability and its Exclusions

1. The Service Provider makes every effort to ensure that the data presented on the Website is up-to-date and consistent with the facts, however, the content of the Website is of a general informational nature only and does not constitute a binding commercial offer within the meaning of the provisions of the Act of 23 April 1964 – the Civil Code.

2. Due to the professional and business nature of the Website (aimed mainly at B2B customers), the Service Provider's liability to Users who are not consumers for non-performance or improper performance of services provided by electronic means, including lost profits (lucrum cessans) and damages resulting from Website downtime, is completely excluded, to the extent permitted by mandatory provisions of law.

3. The Service Provider is not liable for disruptions in the functioning of the Website caused by force majeure, technical failures on the part of network operators or unauthorized actions of third parties.

§ 7. Complaints and Complaint Resolution Procedure

1. The User has the right to submit a complaint related to the provision of services by electronic means through the Website.

2. Complaints should be submitted in writing to the address of the Service Provider's registered office or electronically to the e-mail address: [email protected].

3. The complaint should contain: User's details enabling contact (name, surname, address or e-mail), a description of the problem and the User's demand.

4. The Service Provider undertakes to consider the complaint and reply within 14 days from the date of its receipt. The reply will be sent to the e-mail address or correspondence address indicated by the User.

§ 8. Out-of-court Dispute Resolution

1. Disputes between the Service Provider and a User who is a consumer or a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it is not of a professional nature for this person, may be subject to out-of-court dispute resolution procedures.

2. The User referred to in paragraph 1 has, among others, the possibility to use the assistance of the District (Municipal) Consumer Ombudsman or the relevant Voivodeship Inspectorate of the Trade Inspection.

3. The consumer can also use the EU Online Dispute Resolution (ODR) platform, available at ec.europa.eu/consumers/odr.

§ 9. Amendments to the Terms and Conditions

1. The Service Provider reserves the right to make amendments to these Terms and Conditions for important reasons, such as: change in law, modernization of the technical infrastructure of the Website, change in the scope of offered services or reorganization of the legal structure of the Service Provider.

2. Users will be informed about each amendment to the Terms and Conditions by publishing the new version of the Terms and Conditions on the Website.

3. In the case of continuous services (e.g., contact form in progress), amendments come into force 14 days after their announcement, unless the User terminates the service agreement before this date.

§ 10. Final Provisions

1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means and the GDPR.

2. Any disputes arising between the Service Provider and a User who is not a consumer shall be submitted to the resolution of the common court having jurisdiction over the registered office of the Service Provider.