I. TERMS AND DEFINITIONS

  1.  

    The terms used in these Terms and Conditions of Use have the meanings defined below:

    1.      Balex Metal: Balex Metal Sp. z o.o., with its registered office in Bolszewo, ul. Wejherowska 12 C, Poland, registered in the National Court Register (KRS) under KRS 0000176277. The company records are stored at the District Court of Gdańsk-Północ in Gdańsk, 8th Commercial Department of the National Court Register; NIP (TIN): 588-11-30299, REGON: 191112216, share capital: PLN 2,050,000.

    2.     The Website: this Internet website, created and maintained by Balex Metal Sp. z o.o. at the domain addresses http://www.balex.eu/ and  www.thermano.eu  

    3.     The Terms and Conditions of Use: the terms and conditions of use of the Website of Balex Metal Sp. z o.o. (available at the domain address http://www.balex.eu/ and www.thermano.eu and/or the affiliated domain addresses).

    4.     The User: any person who uses the Website.

  2.  

    II. GENERAL

    1.    The Terms and Conditions of Use regulate how services are provided to the Users via the Website at http://www.balex.eu/ and www.thermano.eu.

    2.     Under these Terms and Conditions of Use, the User can browse the contents made available on the Website and use the Website so that the User may access the contents at any place and time, regardless of the type and operating principle of the device or the application that the User uses for this purpose.

    3.     It is mandatory for each User to grant their express consent to be bound with these Terms and Conditions of Use. By using the Website, the User accepts the application of the Terms and Conditions of Use and any future changes thereto made by Balex Metal.

    4.     The User hereby declares that he/she is an adult and has full legal capacity, including the legal capacity related to the use of the Website.

    5.     Balex Metal shall not be liable for any errors or omissions in the contents published on the Website, while it makes every reasonable effort to publish all text and graphic contents in a way that will enable their proper display on the Website. Any display errors may result from improper settings of the User's terminal device or incompatibility of the device hardware to the software.

    6.     To the maximum extent permitted by applicable laws, Balex Metal shall not be liable towards any User for any damage or losses incurred by the User as a result of or in any direct or indirect connection with his/her use of the Website, any transaction related to the use of the Website or any disclosure of his/her information, subject to the mandatory statutory rights.

  3. 7.     Balex Metal makes every reasonable effort that the servers on which this Website is operated are free of computer viruses or other types of malware, and shall not be responsible for any damage caused computer viruses or other types of malware introduced to the servers by any third party, despite all compliance with applicable data processing security requirements.

     

    III. CONTENTOF THE WEBSITE

    1.      The contents and layout of the Website are proprietary and protected by applicable copyrights, industrial property rights (including trademark rights), database protection rights, and all other sources of law applicable to intellectual and industrial property rights, domestic or regulated by international treaties. Duplicating, modifying, distributing and/or copying of any contents of, or related to, the Website is prohibited.

    2.     All proprietary copyrights to all works available on the Website are held solely and absolutely by Balex Metal. The User warrants that he/she understands the copyrights, trademarks and product marks, patents and other related rights connected with the content made available on the Website that contains Balex Metal proprietary information.

    3.     The User warrants that he/she is aware that when using the Website, the know-how, the trademarks, the logo and other marks or their particular compilations (“general trademarks”) displayed on the Website are protected by law (regardless of their registration) and that no contents published on the Website can be interpreted as licensed to the User by Balex Metal.

    4.     The User's use of the Website and the materials distributed on the Website shall only be limited to the permitted use as construed under the Polish Act on Copyright and Derivative Rights and the Polish Database Protection Act.

    5.     The technical specifications provided on the Website or in other reference documents are illustrative only and Balex Metal does not guarantee that their are correct.

    6.     All applications, programs, the layout and other contents made available to the User during his/her use of the Website are the property of Balex Metal or its affiliates. The use of these applications, programs, the layout and other contents (in whole or part) other than the use of their versions available on the Website is prohibited. Balex Metal provides the applications, programs, the layout and other contents “as is” and shall not be liable for their proper performance.

    7.     It is prohibited, in any form or in any manner (and without limitation of the duration of the prohibition):

    a.          to copy, rewrite, duplicate or multiply any part of the content of the Website in any manner;

    b.       to use, move, copy or reproduce any part of the Website (or its source code) outside the purpose of using the Website, which is understood as displaying it on the screen of the User's own computer (or another terminal device), or printing the Website to read its contents as a hard copy;

    c.        to distribute the contents published on the Website;

    d.       to modify, rework or adapt the contents published on the Website, or to create derivative works thereof or to delete or destroy the contents;

    e.       to licence or sub-licence the foregoing intellectual property rights.

    8.     The information published on the Website, including the information about the products of Balex Metal and their installation / assembly methods are only indicative and illustrative.

    9.     The information published on the Website managed by Balex Metal, including the information disclosed in Balex Metal publications, marketing materials and other publications about the products offered by Balex Metal and their installation are only illustrative, like the potential benefits of using the products published on the Website which are presented on the Website. The data listed above is subject to change at any time. This information does not constitute a commercial offer as construed by the Polish Civil Code, even if presented with pricing, as it is only an invitation to contact Balex Metal Sp. z o.o. The Product prices specified in the price lists made available by Balex Metal Sp. z o.o., as well as in its registered office and branch offices, are effective for the duration stated on the given price lists. Concerning the purchase orders, the delivery of which require special processing or trimming of a product, the final product price is specified as a request for quotation related to specific purchase orders; however, if that price differs from the price list, the buyer should separately accept the difference.

     

    IV. LIMITATION OF LIABILITY OF BALEX METAL

    1.      Balex Metal makes available the Website and all applications related thereto “as is”. Balex Metal does not warrant or represent that their performance is and will be correct. The User uses the Website at his/her own risk and on his/her own full responsibility for any damage (including his/her losses or lost profits) caused by downloading any information from the Website or reliance on the information presented on the Website. Balex Metal's liability is limited to the extent to which general and mandatory laws do not provide for any waiver of liability.

    2.     Balex Metal shall not be liable for the consequences of inappropriate use of the contents of the Website. Balex Metal shall not be liable for any indirect or consequential damage, commercial losses and/or lost profits related to using the Website and the operation thereof.

    3.     Balex Metal and the telecommunication and Internet service providers for the Website managed by Balex Metal shall not be liable for any damage resulting from the use of or inability to use the Website, or any damage related to the accuracy, completeness, quality and fitness of the Website and/or information included therein for any given purpose. By using the Website, the User waives any claims to the maximum extent permitted by applicable laws in relation to the foregoing, whether based on a contract, tort or other reasons. The Website is made available to all Users “as is”.

    4.     Balex Metal makes no representations or warranties, and undertakes no obligations that the Website or the server on which it is available are free from defects, including, but not limited to, viruses or other malicious agents.

     

    V. COOKIE FILES

    1.     Balex Metal uses cookies (or cookie files) on its Website. Cookies are small text files stored on the terminal (i.e. the PC computer, the smartphone or the tablet) of the User who uses the Website.

    2.     Balex Metal may collect the following data concerning each visit of the User to the Website, including: the User's IP address, web browser, operating system, etc.

    3.     Cookies are only used to provide the maximum performance of the Website to the user, and specifically:

    a.        to adjust the Website to the needs and preferences of the User;

    b.     to improve the user experience by maintaining the User's session and temporary storage of the User's selections and settings made on the Website;

    c.     to manage statistical data and analyse the popularity of specific functionalities and tabs / subpages of the Website.

    4.     Web browsers accept and save cookies on the terminal of the User; hereby, by using the Website, the User accepts cookies.

    5.     By using the Website of Balex Metal, the Users agree to the use of cookies. If the Users do not agree to the use of cookies by Balex Metal, they can block them in their web browser’s settings.

    6.     The User has the right to modify the web browser settings to automatically block cookies from Balex Metal and, according to the User's preferences, configure the use of cookies by the Website.

    7.     The User can learn more about cookies in the Settings/Preferences menu or the Help menu of the web browser used on the User's terminal. If you want to know more about personal data protection at Balex Metal, go to https://balex.eu/ochronadanychosobowych or https://thermano.eu/ochronadanychosobowych

     

    VI. COMPLAINT PROCEDURE

    1.     Every User has the right to submit a complaint related to the operation of the Website.

    2.     File your complaints by e-mail at: Šī e-pasta adrese ir aizsargāta no mēstuļu robotiem. Pārlūkprogrammai ir jābūt ieslēgtam JavaScript atbalstam, lai varētu to apskatīt. or by mail to the following address: Balex Metal, ul. Wejherowska 12 C, 84-239 Bolszewo, Poland.

    3.     The Website provider will examine each complaint immediately upon, and no later than in 14 days after, its effective serving.

    4.     The reply to the complaint shall be sent to the User at the address provided by the User in the complaint.

    5.     The Website provider reserves the right to extend the time given in Section 3 above by not more than 10 days, should the examination of the complaint require non standard or special processes and findings, or encounter any obstacles beyond the reasonable control of, and not attributable to, the Website provider (including failure of hardware, Internet connectivity, etc.). Furthermore, the Website provider stipulates that the examination of the complaint may require further clarification from the User, in which case the complaint examination time shall be extended by the time required by the User to effectively submit the clarification.

     

    VII. MISCELLANEOUS

    1.     The Website respects User’s right to privacy. The current Privacy Policy applies to every User of the Website and its the contents are available at:

    2.     Balex Metal uses its best efforts to keep the information published on the Website true; however, Balex Metal does not warrant or represent that the Website is free from any misstatements or inconsistencies related to the products or their use thereof. To obtain detailed product information, carefully review the offer of Balex Metal.

    3.     All confidential information exchanged between the User's computer (or other terminal device) and the Website at http://www.balex.eu/ or https://thermano.eu/ is SSL-encrypted. The User is advised that all other websites he/she accesses from the Website are beyond any reasonable control of Balex Metal. The Website thus cannot guarantee that the entities which control these other websites to respect the User’s privacy like the Website does.

    4.     Balex Metal reserves the right to temporarily disable the Website, especially for maintenance, repairs and implementation of solutions to Website operations.

    5.     The contents on the Website cannot be published in other locations or in the media, without the express approval of Balex Metal.

    6.     The Terms and Conditions of Use and the use of the Website are governed by the laws of the Republic of Poland. The User accepts the exclusive jurisdiction of the common courts of the Republic of Poland over any disputes arising from or related to the use of the Website. The use of the Website is prohibited under any jurisdiction that does not comply with all provisions of these Terms and Conditions of Use, including this Section.

    7.      These Terms and Conditions of Use are effective as of 01 July 2018.