TERMS AND CONDITIONS OF ELECTRONIC SERVICES PROVISION

Version 1 from April 7th, 2021.

§ 1 SERVICE OWNER

The owner of the lenily.com Website at https://lenily.com is TimeTo Sp. z o.o. based in Gliwice at Dunikowskiego 10, 44-100, registered in the Entrepreneur Register of the National Judicial Register kept by the Gliwice District Court, 10th Commercial Division of the National Judicial Register under number 0000673031, NIP 6312669532, hereinafter: Operator], which can also be contacted by e-mail at the following e-mail address: info@lenily.com

§ 2 GENERAL PROVISIONS

On the website https://lenily.com/le, the Operator provides a paid service of accessing the lenily.com Service, through which:
1. An analysis of service or product offers that the client is looking for is carried out based on the application filled out by the client.
2. Based on the User's request, the Operator presents offers of products or services from the category chosen by the user, along with a comparison of these offers based on indicators such as: price, availability, quality, and technical aspects characteristic of a given type of offer.
3. The user gains access to the Operator's technological system in the form of a platform that provides a full comparative analysis of the offers they are looking for, informs about current trends regarding the searched offers, monitors the status of the product or service that the client uses, enables the purchase of offers or products on the manufacturer's website that are within the client's area of interest, in accordance with the User's request.
4. The positioning of the presented offers is based on: the Service Provider's subjective assessment based on price, quality, availability, as well as any binding agreements between the Operator and the Service Provider.
5. The user can make an unlimited number of reports in various categories available on the platform,
6. Actions performed by the Operator, including collecting and processing information from the User's Report, aimed at handling the Report and providing the User with information about offers that meet the requirements specified by the User while using the Service, as well as placing orders made by the User to the Producers or service providers whose offers they are interested in;
7. The user receives a newsletter cyclically, which presents content about current offers from categories indicated by the user,
[continue as: Services]
In the demo version (free of charge), the Visitor gets access to a limited version of the Service, in which the Service Provider presents him with offers in a limited number.
The regulations have been issued on the basis of Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 344) [hereinafter referred to as: the Act].
This Regulation defines the content of the Agreement connecting the Pages, the conditions and the mode of provision of the Operator's Services to the User. Starting to use the Services covered by the Regulation means familiarizing oneself and fully unconditionally accepting the terms of the Regulation, which the User declares by checking the checkbox "I have read the Privacy Policy and accept the Terms of Service provided electronically". Acceptance of the Regulation means the conclusion of a legally binding agreement for the provision of the Operator's services to the User for a fee (with the exception of access to the demo version of the Service, which is free of charge).
Each User is obliged to comply with the provisions of the Regulations from the moment of starting to use the services of the Service.
Only an adult person with full legal capacity can be a user. By registering a user account and accepting these Regulations, the User confirms the specified requirements.
The user is obliged to pay for the Operator's Services in accordance with §5 of the Regulations and the Tariffs and Refund Policy (https://lenily.com/le/tariff-and-refund-policy-le) available on the Operator's website.
The Service Owner is not the owner of the presented services and products. The manufacturers and service providers whose offers are presented ultimately manage the stock status of the products and the availability of their offers.
The duties of the Operator resulting from this Agreement are limited to providing Services in the scope of analysis, monitoring, and presentation of products or services (offers) from the category indicated by the user. In the event that the Client decides to order a service or product presented, the Producer or Service Provider provides the ordered offer that the client wants to use. The Operator is not a party to the agreement concluded between the User and the Producer or Service Provider, therefore the Operator does not regulate or control the compliance of transactions with applicable laws and legal norms, transaction terms, as well as actions and effects of concluding, performing, or terminating the agreement. The Operator does not consider User claims regarding non-fulfillment (improper performance) of obligations of the Producer or Service Provider resulting from these agreements.
The operator does not guarantee full availability of the service or products during the preparation of the User's Application, but must only select potentially available options based on the submission (offers). The availability is determined by the Manufacturer or Service Provider. The information about products and services provided to the User by the Operator in the Report does not constitute an offer regarding guaranteed service provision.

§ 3 DEFINITIONS

User: an adult natural person, having full legal capacity, owning their own account and having access to the Service, who has undergone the registration procedure and has received personal Authorization Data, the User is a Party to the Agreement with the Service Provider on the terms specified in these Regulations
Visitor: A physical person who has visited a website at any time. A physical person who has created an account in the demo version (free of charge).
Service: lenily.com internet platform available on the website https://lenily.com/le, analyzes offers of services or products that the client is looking for based on the completed application form. The operator presents offers of products or services from the category chosen by the user, along with a comparison of these offers based on indicators such as: price, availability, quality, opinions of other users, technical aspects characteristic of a given type of offer
Subscription - automatically renewed access to the lenily.com website in its full functionality, thanks to the cyclically automated collection of fees for using the website in accordance with the conditions specified in the Tariff and Refund Policy (https://lenily.com/le/tariff-and-refund-policy-le). The agreement is concluded for an indefinite period. The subscription can be canceled - interrupted at any time through the https://lenily.com/le/unsubscribe tab. Fees are collected at cyclical intervals until the subscription is terminated.
Tariff and Refund Policy - a document specifying the current payment terms for access to the Service: fees, subscription period, payment method, packages, prices, refund policy, and any other payment-related data for the Operator's Services. The Tariff and Refund Policy for each type of Service and any other billing information are determined, indicated, and regularly updated by the Operator on the Operator's Website under the following link: https://lenily.com/le/tariff-and-refund-policy-le.
Authorization Data are data that enable User Authentication. By default, the login and password created by the User are the user's Authorization Data.
Authentication means confirming the User's legal capacity to perform transactions through the Service and/or receiving information about transactions through the Service in accordance with the procedure specified in this Agreement. To perform an operation through the Service, the User must authenticate using the Operator's software based on the Authorization Data entered by the User.
Privacy policy is a policy that regulates the processing and storage of personal data and/or other User and Operator data throughout the duration of this Agreement, available at: https://lenily.com/le/privacy-policy-le
The application means an electronic document created by the User, indicating the Information to be used by the Service.
Information means data on the preferred features of the product or service provided by the User and used by the Operator to prepare the Report, as well as User data, including their Personal Data.
Producer means a separate (from the Operator) legal entity conducting business, offering the User products available in its offer on the terms specified in the producer's agreement.
Service provider means a separate (from the Operator) entity conducting business, offering the User services available in its offer on the terms specified in the Service Provider's agreement.
Report - an electronic document generated by the Operator based on the Application, containing a list of available offers providing services or offering products from the category indicated by the User, according to the parameters selected by the User, based on which a list is created for the User and placed on the User's Personal Account in the Offers section. At the discretion of the Operator, it may be supplemented with other offers that, in the Operator's opinion, may also interest the User.
User Form means the page on the Operator's Website where the User must enter all relevant registration information before accessing the Service in accordance with this Agreement and Privacy Policy.
The Service Provision Period (Periods) means the period of active Subscription during which the Operator provides Services to the User. The types of such Periods are specified on the Operator's website under the following link: https://lenily.com/le/tariff-and-refund-policy-le
Payment Operator - an external entity handling payments for Services within the Service, according to the payment model chosen by the User and allowed by the Service Provider in the Tariff and Refund Policy (https://lenily.com/le/tariff-and-refund-policy-le). Payment card data for making payment Subscriptions are provided directly to the Payment Operator.
Operator (Operator) and User may sometimes be individually referred to as "Party" in this Agreement, and collectively as "Parties".

§ 4 REGISTRATION

To access the Service, the User must register a User account on the Website, accept the terms of the Agreement when filling out the User Form on the website. The User's consent to the terms of this Agreement at the time of entering his/her data on the website constitutes acceptance of this Agreement by the User.
The user must fill out the User Form on the website by entering the appropriate registration data. When entering data on the website, the user must provide their first and last name, postal code, PESEL number, date of birth, place of residence, phone number, email address, and password.
The user must provide relevant, complete, and reliable information and ensure its usefulness. The user must provide their personal data required for the Application in accordance with this Agreement and the Privacy Policy for this Agreement.
The user agrees that they are solely responsible for maintaining the confidentiality of their authorization data used to access the website. Additionally, the user agrees that they are solely responsible for the accuracy of the personal data provided by them.
If the User becomes aware of any unauthorized use of his/her Authorization Data, he/she is obliged to immediately inform the Operator by contacting the technical support at the following e-mail address: support_le@lenily.com.
During registration on the website, the User is not allowed to disclose (or in case of disclosure, bears exclusive responsibility) their surname, first name, phone numbers, email addresses, and other personal data or data of third parties without their personal consent for such actions performed directly by filling out the User form.
In order to use the Services provided by the Operator under this Agreement, the User must always follow the procedure for submitting a Notification specified in this Agreement.
To submit a Report, the User must provide Information in accordance with the requirements. When creating a Report, the User must indicate the parameters of the service or product depending on the category chosen by the user and provide their first name, last name, place of residence, and other data necessary to fulfill the order.
The procedure of submitting the Application is carried out from the User's Personal Account after the User has made a payment transaction for the provision of Services. The User must pay for the Services under this Agreement in the amount and manner specified in §5 of these Regulations.
After receiving the Application, the Operator must present offers according to the parameters provided in the application.
The operator provides services to the user around the clock. Operator's activities aimed at performing this Agreement, which have not been performed automatically, will be carried out on business days.

§ 5 SETTLEMENT OF PAYMENTS

The Operator determines the cost of the Services in the Tariffs and Cost Refund Policy (https://lenily.com/le/tariff-and-refund-policy-le) available on the Operator's website.
The operator has the right to unilaterally change the prices of the Services in whole or in part (i.e. decrease or increase), establish new Tariffs and/or cancel existing Tariffs. If the User does not agree to the change (entry into force) of the new Tariffs, he/she has the right to submit a statement of resignation from the Agreement and withdraw the Subscription at any time. The Subscription Cancellation Procedure has been described in §6.
The operator charges a fee for their services upfront for a specified subscription period.
The user makes payment for the Operator's Services by registering and providing the data of their bank payment or credit card through the Website or in another way agreed with the Operator, including using internet technologies. The monetary funds will be automatically deducted from the User's bank account according to the selected settlement period and the subscription and package rules that the user has chosen.
Payment for the Operator's services is generally made in the form of a payment order for monetary funds from the User's bank card account, according to the current rate specified in the Tariffs and Refund Policy (https://lenily.com/le/tariff-and-refund-policy-le) available on the Operator's website. If the User's account does not have sufficient funds to pay for the Operator's services, the Service Provider immediately blocks the User's access to the Service. Upon blocking access, the Operator ceases to provide services to the User, and the User does not have access to the content of the Service. The Service Provider has the right to make repeated attempts to withdraw funds in order to make a successful payment for the Operator's services by the User. If the payment is successfully made, the Operator restores the User's access to the Service. The payment order operates on the terms of a periodic subscription or a one-time payment, depending on the User's choice.
The provision of services by the Operator is carried out exclusively electronically through the System and the User Account.
Available payment methods and the entity providing payment services are specified in https://lenily.com/le/tariff-and-refund-policy-le

§ 6 RESIGNATION

UNSUBSCRIBE

TERMINATION OF CONTRACT

This Agreement is considered concluded and binding from the day on which the User performs the actions specified in §4 I 5 of the Regulations, i.e. registers as a User and makes payment for the Services, which means full and unconditional acceptance of all the terms of this Agreement by the User without any exceptions and/or limitations.
The user has the right to cancel the paid subscription - to resign from paid services at any time. To cancel the subscription, the user must click on the link https://lenily.com/le/unsubscribe and perform the required actions. By canceling the payment subscription, the user terminates the agreement concluded on the basis of these Regulations.
Cancellation of the subscription is done in an automated way. The request is processed by the Service Provider within 3 business days from the submission of the request to cancel the subscription. The payment cancellation is effective from the next payment/subscription period
By declaring during Registration that the User requests immediate commencement of the Service, by entering into this Agreement, the User expresses full, explicit consent and acknowledges that the 14-day withdrawal period (under the Consumer Rights Act) will not apply after the Service Provider sends the Report and offers from financial institutions.

§ 7 RIGHTS AND OBLIGATIONS OF THE OPERATOR

The operator provides the user with 24/7 access to the website.
The operator has the right to check and preliminarily verify the information disclosed by the user.
The operator is obliged to consider all User's Reports and submit appropriate Reports provided that the User has read the terms of this Agreement and properly filled out the Report.
The operator must inform users of any changes to the terms of this Agreement by publishing the latest version of the Regulations
The operator has the right to block the User if the latter does not fully pay for the Services in accordance with the provisions of this Agreement.
The operator has the right to suspend the operation of the Service - Website and/or Services, as well as equipment and software providing interaction between the pages of this Agreement, in the event of any significantly incorrect functioning, errors or failures, as well as for preventive maintenance and prevention of unauthorized access. During the period of suspension of the Service's operation, no remuneration will be charged from the User.
The Operator has the right to display on the User's Personal Account other offer options that do not meet their originally specified requirements in terms of parameters, in order to provide more information about potential products and services.

§ 8 RIGHTS AND OBLIGATIONS OF THE USER

The user undertakes to comply with the provisions of this Agreement.
The user must also provide accurate information during registration on the website.
The user is not authorized to duplicate, copy, sell, resell, or use any services or parts of the Service for commercial purposes without the prior consent of the Operator. In particular, under this Agreement, the Operator does not grant the User any license, transfer of copyright to the content of the Service, or to the concept of the Service.
The user can access the Website using their authorization data only from one device at a time.
The operator informs the user about any changes to the Regulations, Tariff and Refund Policy, and Privacy Policy. However, the user is obliged to independently and timely familiarize themselves with the information regarding changes to the Tariffs and the conditions of this Agreement published on the website.
The user is obliged to pay for the Services in accordance with the Tariffs, at the time and on the terms established by the Operator. Tariffs for each type of Service are determined, indicated and updated on an ongoing basis by the Operator on the Operator's website at: https://lenily.com/le/tariff-and-refund-policy-le.
The user has the right to file a complaint to the Operator and must submit Notifications in the manner and in cases provided for in this Agreement in §11.
The user has the right to terminate this Agreement at any time in accordance with the rules set out in §6 of the Regulations. In the event of such termination, the User loses the right to full access and use of the Operator's website and services without refunding any costs to the User.
The right to block a User means the Operator's unilateral right to block the User so that the latter does not use the Services in the event of a breach of these Regulations by the User.

§ 9 TECHNICAL CONDITIONS OF USING THE SERVICE

The technical requirements for using the Services within the Service are as follows:
1. Possession by the User of the end device;
2. Access to the Internet, including a program for browsing its resources: (Internet Explorer, Firefox, Opera, Chrome, and Safari for Mac OS X); older versions of browsers may be incompatible with the service;
3. Having an email account;
4. Enabled support for Javascript and cookies files.
The service provider informs that when using the Service on the User's end device, short text information, so-called "cookies" files, are saved. The installation of "cookies" files is necessary for the proper provision of services within the Service. Details of the use of "cookies" files have been specified in the Privacy Policy available on the website: https://lenily.com/le/privacy-policy-le.

§ 10 NEWSLETTER SERVICE

By completing the Registration, the User may give consent to receive newsletters from the Operator to the email address provided by the User in the registration form (checkbox).
The newsletter is published by the Operator.
As part of the service of sending commercial information via e-mail to the address provided by the Subscriber, the Publisher sends information in the form of an electronic letter (e-mail) ("Newsletter").
The Newsletter subscription service is free of charge for Users who have a User Account and an active Subscription payment for the Operator's Services.
The newsletter contains, among others, current information about offers, a description of the current commercial offer, information about events in the industry, events related to current promotions and special actions, as well as news.
Activation of the Newsletter sending service by the Subscriber is done by entering the Subscriber's email address in the content of "Newsletter:" and clicking the "Save" button, and activating the link contained in the email sent automatically to the address provided by the Subscriber, in order to verify the correctness of the information provided during registration.
Lack of confirmation of the correct verification of the Subscriber's email address results in the deletion of the entered data from the database after 30 days from the registration date.
The Subscriber's use of services provided via e-mail is conditioned upon having an active and properly configured e-mail account.
Ordering the Newsletter sending service by the Subscriber is equivalent to sending commercial information by electronic means in accordance with Article 10(2) of the aforementioned Act of 18 July 2002 on the provision of electronic services.
Each Newsletter contains:
1. information about the Publisher,
2. The "subject" field filled in, determining the content of the shipment,
3. information on how to unsubscribe from the service.
Each User-Subscriber of the Newsletter can unsubscribe from receiving it by:
1. click on the link present in the footer of each message or
2. Informing the Operator about the intention to unsubscribe via email at brakzgody@lenily.com.
After performing one of the above actions, the Subscriber is removed from the Newsletter subscription list.
The email address provided by the Subscriber for the purpose of using the Newsletter will not be transferred to third parties without the Subscriber's consent.

§ 11 PROCESSING OF PERSONAL DATA

The data controller is the Service Provider.
The user has the right to access the content of their personal data and the right to correct them.
By placing personal data and any other data on the website, the User confirms that he/she has read, understood and agreed to the Privacy Policy of the Operator available on the website https://lenily.com/le/privacy-policy-le and that he/she has given the Operator consent to process personal data for the purpose of performing this Agreement. More information about the processing of personal data can be found in the Privacy Policy.
The purpose of processing the User's personal data is to provide services to the User, ensure the User's ability to use the Service, participate in advertising campaigns, targeted advertising, and perform other activities described in the Agreement.
User's personal data are processed from the moment of User's registration on the Website until the withdrawal of consent for the processing of personal data.
The user agrees to receive information about advertising campaigns conducted by the Operator and/or its partners, as well as any other information that is not prohibited from being disseminated, to the email address provided by the user.

§ 12 WITHDRAWAL FROM THE AGREEMENT

The Operator's liability towards a User who is a Consumer is regulated by the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134, as amended) and other generally applicable laws.
The User, being a Consumer, may, based on Article 27 of the Consumer Rights Act, withdraw from the agreement concluded with the User through the Service without giving any reason, by submitting an appropriate written statement to the Operator's registered address or via email to: reklamacje@lenily.com within fourteen days from the conclusion of the agreement. The deadline is considered met if the statement is sent before its expiry. The statement should be sent by the Consumer via email to the above-mentioned email address of the Operator. The statement can be submitted using the form, the template of which is provided as an attachment to these Terms and Conditions, in accordance with the Consumer Rights Act. In the event of withdrawal from the Agreement, the Agreement is considered as not concluded.
The right to withdraw from the contract under the conditions specified in paragraph 2 (above) does not apply to entities conducting business activity, including professional activity, who conclude an agreement for the provision of electronic services as part of this activity and for its needs.
Order for Services of access to digital content/products for a period starting before the lapse of fourteen days from the day of the conclusion of the contract by the consumer with the Service Provider, where at the same time the Consumer has agreed to the commencement of the Service Provider's service before the expiry of the period specified in Article 27 of the Consumer Rights Act, i.e. before the lapse of fourteen days from the day of the conclusion of the contract with the Service Provider (Article 36 point 2 of the Act, means (which the Consumer confirms electronically by placing an appropriate order by selecting the appropriate option) that the Consumer accepts the regulations and wants immediate provision of services and understands that he will not be able to withdraw from it within 14 days and has been informed by the Service Provider that he has lost his right to withdraw from the contract at the time of giving such consent to the commencement of the Service Provider's service before the expiry of the 14-day period from the conclusion of the contract.
The deadline for submitting (sending) a statement of withdrawal from the contract specified in Article 27 of the Consumer Rights Act runs from the day of concluding the contract (Article 28 point 2 of this Act).
After the User withdraws from the agreement, the Operator shall return the paid price to the User within 14 days from the receipt of the statement of withdrawal. The refund is made by depositing it into the bank account number indicated by the User. Unless the User has requested an immediate start of the Service, in which case the claim for a refund of the fee paid does not apply. In such a situation, the User may cancel the subscription and terminate the Agreement at any time on the terms described in §6.

§ 13 WARRANTY

The service provider is liable to the consumer for defects (warranty) in accordance with the principles set out in Article 556 of the Civil Code and subsequent provisions.
In the case of an agreement with a Consumer, if a physical defect was found before the expiration of one year from the moment of service delivery, it is assumed that it existed at the time of the risk passing to the Consumer.
If the service sold has a defect, the consumer may:
1. submit a statement requesting a price reduction;
2. submit a statement of withdrawal from the contract; unless the Operator immediately and without undue inconvenience to the Consumer removes the defect. However, if the service has already been repaired by the Service Provider or the Operator has not fulfilled the obligation to exchange the service for a defect-free one or to remove the defect, he is not entitled to exchange the service or remove the defect.
The consumer may demand, instead of the remedy proposed by the Service Provider, the exchange of the service for one free from defects, or instead of the exchange of the service, the removal of the defect, unless bringing the service into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs compared to the method proposed by the Service Provider, taking into account the value of the service free from defects, the type and significance of the defect found, and also taking into account the inconvenience to which the consumer would be exposed by another way of satisfying.
The consumer cannot withdraw from the contract if the defect is insignificant.
The consumer, if the service has a defect, may also:
1. demand a service exchange free from defects;
2. demand removal of defect.
The operator is obliged to replace a faulty service with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the consumer.
The operator may refuse to satisfy the Consumer's request for redress if bringing the defective service into conformity with the contract in a manner chosen by the buyer is impossible or compared to another possible way of bringing it into conformity with the contract, it would require excessive costs.
The consumer who exercises the rights under the warranty is to submit a complaint in accordance with the conditions of §13 of this Regulations.
The Operator bears the cost of removing the defect in the Service.
The operator will respond within fourteen days to statements based on Article 5615 of the Civil Code regarding the demand for a price reduction and the demand for defect removal. The operator will respond within thirty days (Article 7a of the Consumer Law) to any other statement from the Consumer that is not subject to the fourteen-day deadline specified in the Civil Code.
Otherwise, it is considered that the statement or demand of the Consumer has been deemed justified.
The operator is liable under the warranty if a physical defect is found within two years from the moment of providing the service to the Consumer.
Consumer's claim for defect removal expires after one year from the day of defect discovery, but not earlier than two years from the moment of service provision to the Consumer.
In the terms specified in point 13, the Consumer may submit a statement of withdrawal from the contract or a reduction in the price due to a defect in the service sold, and if the Consumer requested the exchange of the service free of defects or the removal of the defect, the period for submitting a statement of withdrawal from the contract or a reduction in the price begins with the ineffective expiry of the period for exchanging the service or removing the defect.
In case of pursuing a claim in court or in an arbitration proceeding, the deadline for performing other rights granted to the Consumer under the warranty is suspended until the final conclusion of the proceedings. This also applies to mediation proceedings, and the deadline for performing other rights under the warranty granted to the Consumer begins to run from the day of the court's refusal to approve the settlement concluded before the mediator or the ineffective completion of the mediation.
The regulations of this paragraph apply accordingly to the exercise of rights under the warranty for legal defects of the service sold, with the proviso that the running of the period starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of a third party's lawsuit - from the day on which the judgment issued in the dispute with the third party became final.
If, due to a defect in the service, the Consumer has submitted a statement of withdrawal from the contract or a reduction in price, he may demand compensation for the damage he suffered as a result of entering into the contract without knowing about the defect, even if the damage was a consequence of circumstances for which the Operator is not responsible, and in particular, he may demand a refund of the costs of concluding the contract, costs of collection, transport, storage and insurance of the service, reimbursement of expenses incurred to the extent that he did not benefit from them and did not receive their refund from a third party, as well as reimbursement of the costs of the proceedings. This does not affect the provisions on the obligation to compensate for damage on general principles.
The expiration of any deadline for stating a defect does not exclude the exercise of warranty rights if the Operator fraudulently concealed the defect.
The operator, if obliged to provide or finance a service for the Consumer, shall do so without undue delay, no later than the deadline provided for by law.
Provisions regarding warranty rights and the right to file a complaint apply to consumers and are applied accordingly to entrepreneurs as consumers

§ 14 COMPLAINT PROCEDURE

Each user of the Service has the right to file a complaint regarding:
1. related to its operation of the Service,
2. non-performance or improper provision of goods/services and digital products by the Service Provider,
3. incorrect calculation of the Service Fees,
4. It may concern failure on the part of the Operator specified in the Agreement to commence the provision of these Services.
Complaints should be submitted in writing or electronically to the address TimeTo Sp. z o.o. based at Dunikowskiego 10 in Gliwice, KRS 0000673031 (hereinafter: the Company) or by e-mail to: reklamacje@lenily.com
The complaint should include the name and surname of the User, contact details: phone number or email address, as well as a description of the problem that is the basis of the complaint, the advertised period, presentation of circumstances justifying the complaint, the amount of compensation or other claims arising from the Agreement or legal provisions - in case the complainant demands their payment, bank account number.
Complaint can be submitted within 2 years from:
1. On the day of receiving access to the Service/digital content/goods when they were improperly executed or were supposed to be executed
2. on the last day of the settlement period in which the interruption in the provision of Services ended,
3. on the day when the Service was improperly performed or was to be performed,
4. on the day of receiving information about incorrect calculation of fees;
5. Delivery of an invoice containing incorrect calculation of charges for the provision of Services.
6. A complaint submitted after this deadline will not be considered, and the Operator will immediately inform the User about it
The complaint procedure is conducted by the Service Provider, who makes every effort to ensure that the complaint handling is carried out with due care, thoroughness and in a timely manner, taking into account all the circumstances of the case.
Complaints are considered within 30 days from the day of their receipt by the Service Provider. In the event of failure to consider the complaint within 30 days from the date of its submission, it is considered that the complaint has been accepted.
About the way of resolving complaints, the Operator informs the User by letter or e-mail, depending on the way the complaint was submitted.
In case of renting advertising space, the conditions of complaint will be determined by an individual agreement between the Parties.
If the service provided has a defect, the User may submit a statement on a price reduction or withdrawal from the contract, unless the Operator immediately and without undue inconvenience to the buyer replaces the defective service with a service free from defects or removes the defect. This limitation does not apply if the service has already been replaced or repaired by the Operator or the Operator has not fulfilled the obligation to replace the service free from defects or remove the defect.
If the User is a consumer, instead of the solution proposed by the Service Provider to remove the defect, they may demand the exchange of the service for one free from defects, or instead of exchanging the service, they may demand the removal of the defect, unless bringing the service into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the seller. When assessing the excessiveness of costs, the value of the defect-free item, the type and significance of the defect found, as well as the inconvenience to which the buyer would be exposed by another way of satisfaction, shall be taken into account.
The reduced price should remain in proportion to the price resulting from the contract, in which the value of the Service with a defect remains in relation to the value of the Service without a defect.
The user cannot withdraw from the contract if the defect is insignificant.
Submitting a complaint does not result in the suspension of the obligation to pay the fees due to the Operator.
The user has the right to pursue claims in court or, in the case of a Consumer, through out-of-court consumer dispute resolution proceedings after exhausting the complaint procedure. The complaint procedure is considered exhausted if the complaint has not been considered by the Service Provider or the Operator has not paid the claimed fee within 30 days from the day the complaint was considered.
A civil law dispute arising from an agreement concluded with a User who is a Consumer may be settled amicably through proceedings for out-of-court resolution of consumer disputes.
In case of a lack of consideration of the Complaint, the User may contact:
1. For free legal assistance, contact the City or District Consumer Ombudsman or one of the consumer organizations (Federation of Consumers, Association of Polish Consumers). Detailed information can be found on the website: www.uokik.gov.pl
2. To the Voivodeship Inspectorate of Trade Inspection in Katowice, Brother Albert 4 Street, 40-951 Katowice, PO Box 178, secretariat phone number: 32 35 68 100, fax: 32 255 10 12, email address: sekretariat@katowice.wiih.gov.pl (or similar),
3. by another authorized entity entered in the register of authorized entities, kept by the President of the Office of Competition and Consumer Protection, at the request of a Subscriber who is a consumer,
4. One can file a civil lawsuit with the competent district court.
Rules and procedures for accessing out-of-court consumer dispute resolution are separately defined in the law or regulations applied by authorized entities in the field of consumer dispute resolution, in particular, in the regulations applicable in these entities.

§ 15 LIABILITY OF THE PARTIES

Websites are liable under this Agreement for non-performance or improper performance of its terms.
The operator performs a preliminary verification of the information provided by the user, but is not responsible for the consequences of the user's failure to meet the requirements specified by the producer or service provider.
The user accepts that the services provided by the Operator may be protected by intellectual property law.
The operator shall not be liable for any direct or indirect losses incurred by the User as a result of failure to use the Website or certain Website Services due to poor internet connection, technical difficulties of the User or for any other reason unrelated to the Operator's ability to fulfill obligations arising from such an agreement. The operator shall not be liable for any losses incurred by the User in connection with the use of Operator's Services provided under this Agreement, unless such damage was caused by bad faith, intentional misconduct or fraud on the part of the Operator.
The Operator is not responsible for the actions or omissions of the Producer or Service Provider, the Operator does not guarantee the delivery of the ordered product or service, but only selects and recommends to the User the most appropriate offers based on the application.
The operator is not responsible for achieving any results when using the information disclosed to the user in the Report. The user agrees to use the information provided by the operator about offers at their own risk.
The operator does not participate in any way in the contacts between the User and the Service Provider; it is not a party to the factual or legal actions carried out between them.
In particular, the Operator shall not be liable to Users for damages resulting from:
1. initiating contact or concluding agreements, negotiations, discussions, meetings or acquaintances between the User and the Service Provider;
2. non-conclusion of agreements by Users or Service Providers;
3. improper performance or non-performance by Users or Service Providers of agreements;
4. Contradictions in the content of offers posted on the Website with the actual state of affairs with the offer finally presented by the Service Provider, due to the fact that the Service Provider may change its offers;
5. the truthfulness and reliability of information provided by Users or Service Providers,
6. The ability of Users and Service Providers to fulfill agreements;
7. Payouts of Users and Service Providers.
The operator is not responsible for the fact that the Service does not meet the User's expectations and/or perception; such failure to meet expectations and/or negative perception does not constitute a basis for considering the Services to be of low or insufficient quality.
Provisions of this Agreement do not exclude or limit the Operator's liability for non-performance or improper performance of the Agreement, in accordance with the general principles of the Civil Code.
The websites are not responsible for the untimely performance or non-performance of obligations arising from these Regulations, if the untimely performance or non-performance occurred due to circumstances or reasons beyond the control of the Parties, such as war (including civil war), riots, sabotage, embargo, fires, floods and other natural disasters, explosions, actions or inaction of public authorities, strikes, pandemics, epidemics. All or any of these circumstances are considered force majeure. Within 24 (twenty-four) hours of receiving information about the occurrence of force majeure circumstances that delay or otherwise hinder the performance of the Agreement, the Parties are obliged to notify each other in writing.
The websites are not responsible for any damages, losses, claims or other expenses that may arise as a result of force majeure.
If a force majeure interrupts or prevents the fulfillment of the obligations of the Parties for a period longer than 30 days, each of the Parties has the right to terminate this Agreement by prior written notice to the other Party.

§ 16 Right of withdrawal from the contract

The user has the right to withdraw from the agreement within 14 days without stating any reason.
The period for withdrawal from the contract expires 14 days after the conclusion of the contract.
In order to exercise the right to withdraw from the contract, the User must inform the Operator, i.e. TimeTo Sp. z o.o. based in Gliwice at Dunikowskiego 10, 44-100, registered in the Entrepreneur Register of the National Judicial Register kept by the Gliwice District Court, 10th Commercial Division of the National Judicial Register under number 0000673031, NIP 6312669532, of their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or e-mail).
Statement: The User can submit in the following forms:
1. in writing to the address: TimeTo Sp. z o.o. based in Gliwice at Dunikowskiego 10, 44-100, registered in the Entrepreneur Register of the National Judicial Register kept by the Gliwice District Court, 10th Commercial Division of the National Judicial Register under number 0000673031, NIP 6312669532
2. in electronic form via e-mail to the address: https://lenily.com/le/unsubscribe
The user can also fill out and submit a withdrawal form or any other unambiguous statement electronically through the https://lenily.com/le Service. If the user uses this option, the Operator will immediately send a confirmation of receipt of the withdrawal information on a durable medium (e.g. by email).
The user can use the withdrawal form template, but it is not mandatory.
To keep the right to withdraw from the agreement, it is enough for the User to send information regarding the execution of their right to withdraw from the agreement before the deadline for withdrawal from the agreement expires.
In case of withdrawal from the agreement, the Operator shall refund the User all payments received from him, including delivery costs (except for additional costs resulting from the User's chosen method of delivery other than the cheapest standard delivery method offered by the Operator), without undue delay, and in any case no later than 14 days from the day on which the Operator was informed of the User's decision to exercise the right to withdraw from the agreement. The Operator shall make the refund using the same payment methods that were used by the User in the initial transaction, unless the User has expressly agreed to a different solution.
If the User requested the provision of services during the withdrawal period, they shall pay an amount proportional to the scope of services provided until the moment they informed the Operator of their withdrawal from this agreement, in comparison to the entire scope of the agreement.

§ 17 FINAL PROVISIONS

The regulations come into force on April 7, 2021.
The amendment of this Regulation or the issuance of a new regulation by the Service Provider may occur in the event of:
1. changes in the content of the universally binding law, as well as issuing judgments or decisions by authorized state bodies, shaping or changing the rights or obligations of the parties specified in the agreement or third parties, affecting the way services are provided, as well as changes in tax law, in particular affecting the amount of tax liabilities, introducing new taxes or fees, or changing the way they are fulfilled;
2. changes in the scope of properties and technical conditions for conducting an internet portal, in particular related to technological progress or advancement;
3. Changes in the rules of functioning of the Internet network or the rules of communication within this network, caused by technological or technological progress, changes in the universally applicable law or by judgments or decisions of authorized state bodies;
4. changes in the organization or legal-organizational transformations of the Operator, excluding changes resulting in legal consequences;
5. higher power.
The operator informs about the change or issuance of a new regulation through the website of the Service. Changes to the Regulations take effect - in the absence of other reservations - from the date of posting information about the change. New provisions of the Regulations apply to orders placed after the date of their entry into force. If the change to the Regulations concerns existing Users, they are also informed about the change by e-mail.
In the event that the User does not accept the change of the Regulations, he is entitled to terminate the Agreement with immediate effect, provided that the termination is submitted in the form in which the Agreement was concluded, no later than within 14 days from the notification of the change. The User is bound by the provisions of the Regulations that have been made available to him.
The operator provides services electronically in accordance with the Regulations.
The use of the Services in accordance with this Regulations is subject to Polish law.
In case of disputes, the Parties are obliged first of all to seek an amicable solution to the dispute.
The operator sends information related to the User's account (e.g. payment authorization, account, password change or payment method, reported with a request for confirmation, notifications) in electronic form, by e-mail to the e-mail address provided during registration in the User Form / Authorization Data.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.