TERMS AND CONDITIONS OF PROVIDING LEGAL ADVICE OVER THE INTERNET
- In these terms and conditions:
- “the Partnership” means Kłoda Toczko Spółka Partnerska Adwokaci having its registered office in Warsaw (00-547), ul. Piękna 28/34 suite 9, entered into the National Court Register kept by the District Court of Warsaw under number KRS 0000034000, fiscal identification number NIP 527–23–49–185;
- “a legal opinion” means a document drawn up by the Partnership in electronic form, which includes a legal analysis, a draft contract, amendments to a draft contract, or another draft document, including a submission made to court or in administrative proceedings;
- “the Client” means a person who has expressed his intention to receive a legal opinion;
- “a business day” means any day that is not a Sunday or bank holiday.
- These terms and conditions apply to the conclusion and performance of any contract whereby the Partnership draws up a legal opinion following an enquiry sent by e-mail.
- Any person interested in receiving a legal opinion may complete and send the Partnership the enquiry form available on the Partnership’s website.
- When completing the enquiry form, that person must respect these terms and conditions as well as the instructions provided in the enquiry form.
- The Client must provide the Partnership with true, comprehensive and precise information regarding the problem referred to in the enquiry.
- If the information provided in the enquiry is insufficient to draw up a legal opinion, the Partnership will ask the Client for further information.
- If needed to draw up a legal opinion, the Client must send the Partnership copies of documents regarding the problem referred to in the enquiry, including copies of contracts and court decisions.
- The enquiry as well as all other correspondence addressed to the Partnership under these terms and conditions must be sent by e-mail to the address firstname.lastname@example.org. If, however, copies of the documents referred to in section 5 above cannot be sent by e-mail, they should be sent to the Partnership by facsimile or post. The Partnership’s address is provided above, and the Partnership’s facsimile number is the following: (48) (22) 654 78 51.
- All correspondence addressed to the Client under these terms and conditions will be sent to the Client’s e-mail address provided in his enquiry. If, however, these terms and conditions provide that a document will be sent by the Partnership to the Client by registered post, the letter will be sent to the correspondence address as provided in the enquiry or, if no such address is provided, to the address of the Client’s permanent residence or registered office as provided in the enquiry.
- The working languages are Polish, English and French. The enquiry as well as all other correspondence addressed to the Partnership under these terms and conditions may be drafted in one of the working languages. All correspondence addressed to the Client under these terms and conditions will be drafted in the working language in which the Client has drafted his enquiry unless the Client has indicated another working language in his enquiry or the nature of a document requires the use of another working language. This rule applies in particular to a legal opinion.
- No correspondence sent by the Client to the Partnership may contain illegal contents, including encouragement to commit an offence.
§3. Partnership’s proposal
- Within 48 hours of receipt of an enquiry and, if necessary, additional information and documents, the Partnership:
- will notify the Client that it is prepared to draw up the legal opinion, of the Partnership’s fee and of the method and time for its payment; this notification is hereinafter referred to as “the Partnership’s proposal”, or
- will notify the Client that it will not draw up the legal opinion; the Partnership will not disclose the reason for this decision.
- The above forty-eight hour time-period will run on business days only and cannot end before noon, Warsaw time.
- The Partnership’s proposal is an offer to enter into a contract between the Client and the Partnership whereby the Partnership will draw up a legal opinion based on information sent by the Client, and the Client will pay the Partnership’s fee.
- The Client may accept the Partnership’s proposal only by paying the entire fee indicated in this proposal within 14 days after it has been sent. The Partnership’s proposal may indicate a longer time-period to pay the fee.
- The fee must be paid into the bank account indicated in the Partnership’s proposal. Payment is deemed made when this account is credited with the fee amount.
- If the Client fails to pay the entire fee indicated in the Partnership’s proposal on time, the proposal will no longer be binding upon the Partnership.
- If the Client pays only a portion of the fee indicated in the Partnership’s proposal on time or pays the fee after the deadline, the Partnership will notify the Client as soon as practicable and will ask him to indicate the bank account to which the amount paid should be returned. The return transfer will be made as soon as practicable after the Client has indicated such an account.
§4. Legal opinion
- The Partnership will draw up the legal opinion as soon as practicable, not later however than within 5 business days. If justified by the expected workload, the Partnership’s proposal may provide for another time-period for drawing up the legal opinion. The time-period for drawing up the legal opinion will start on the lapse of the time-period during which the Client may withdraw from the contract concluded by the Client’s acceptance of the Partnership’s proposal; the Client may, however, declare to the Partnership, before accepting that proposal, that the time-period for drawing up the legal opinion will start as soon as the Client accepts that proposal.
- The Partnership will send the legal opinion to the Client as soon as practicable after it has been drawn up. Depending on the Client’s instructions provided in the enquiry, the legal opinion will be sent by e-mail, by registered post or by both methods.
- The Partnership will draw up the legal opinion with due professional care. The Partnership must remedy all defects that affect the legal opinion, if any.
- The Partnership will issue an invoice for the fee paid and send it to the Client by registered post.
- Attachment No 1 to these terms and conditions includes information on the Client’s right to withdraw from the contract concluded by the Client’s acceptance of the Partnership’s proposal. Attachment No 2 to these terms and conditions includes a model form of such withdrawal.
- The Partnership’s partners are advocates, members of the Warsaw Bar. The code of advocates’ ethics and professional dignity is available on the website www.adwokatura.pl.
- If the Client fails to accept the Partnership’s proposal, the Partnership, within 14 days after the lapse of the time-period to accept that proposal, will delete all correspondence sent by the Client from all media. This will not apply to information necessary for the purpose of financial settlements with the Client.
- The Partnership will process Client personal data in order to assess whether a conflict of interest between the Client and another person arises, make the Partnership’s proposal, draw up the legal opinion and carry out financial settlements related to that opinion. The Client has the right to access such data and correct the same. The Client is not obligated to provide such data. After sending the legal opinion to the Client, the Partnership may process his personal data only in such cases as provided for by law or in order to assess whether a conflict of interest between the Client and another person arises.
- The Client may notify the Partnership of any reservations he has as to a legal opinion within 14 days of discovery of a defect (“complaint”). A complaint must indicate the Client’s full name, date on which the legal opinion was drawn up and a description of the reservations. Within 14 days of receipt of a complaint, the Partnership will notify the Client as to whether it accepts that complaint.
- If the Client is a consumer, he may ask the Mazovian Regional Trade Inspection Inspector (ul. Sienkiewicza 3, 00-015 Warsaw) to resolve a dispute with the Partnership out of court, by providing a detailed description of the matter, both parties’ details, the dispute’s subject-matter and the requests as well as attaching photocopies of the correspondence exchanged in the matter; a list of other persons authorized to resolve such disputes out of court is available at https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php .
- The following system devices are recommended:
- browsers compatible with HTML 4.0 and CSS 1.0 – Internet Explorer 6.0 or newer, Netscape Navigator 7.1 or newer, Opera 5.5 or newer,
- display settings: colour – 16 bits or more, screen resolution – 800×600 pixels or more.
- In order to read the legal opinion sent by e-mail, Microsoft Word 2010 or newer or Acrobat Reader XI or newer must be used.
- These terms and conditions are governed by Polish law.
- The Partnership and the Client may agree to be bound by rules other than those provided for in these terms and conditions.
- The Partnership may amend or withdraw these terms and conditions by displaying a relevant notice on its website. No such amendment or withdrawal will be effective if an enquiry was sent to the Partnership before such notice was displayed.
ATTACHMENT NO 1
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Kłoda Toczko Spółka Partnerska Adwokaci, ul. Piękna 28/34 lok. 9, Warsaw 00-547, telephone (48) (22) 654 76 51, fax (48) (22) 654 78 51, e-mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
ATTACHMENT NO 2
MODEL WITHDRAWAL FORM
(you should complete and send this form only if you wish to withdraw from the contract)
To Kłoda Toczko Spółka Partnerska Adwokaci, ul. Piękna 28/34 lok. 9, Warsaw 00-547, telephone (48) (22) 654 76 51, fax (48) (22) 654 78 51, e-mail: firstname.lastname@example.org
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: …………………………………………………………………………………….
Ordered on (*)/received on (*): ……………………………………………………………
Name of consumer(s): ………………………………………………………………………
Address of consumer(s): ……………………………………………………………………
Signature of consumer(s) (only if this form is notified on paper): ……………………………………………………………………………………………….
(*) Delete as appropriate.