Terms and Conditions for Legal Consultations
User! We respect your privacy and make every effort to fulfill all obligations under 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 (hereinafter referred to as „GDPR”). Below you will find the most important information regarding the protection of your privacy on our website.
§1 SERVICE PROVIDER
- These terms and conditions, hereinafter referred to as the Terms and Conditions, define the rules for the provision of online (electronic) services by the Service Provider, hereinafter referred to as the Services, including the service provided under the name: „Online Legal Advice,” hereinafter referred to as the Advice, by Marek Foryś, conducting business under the name Kancelaria Radcy Prawnego Marek Foryś, ul. Słupecka 9/1, 81-316 Gdynia (NIP: 584-237-56-31), hereinafter referred to as the Service Provider.
2. The Terms and Conditions also define the privacy policy and principles of personal data processing by the Service Provider.
3. Detailed information about the Service Provider and a description of the individual Services are available on the website: forys.com.pl, hereinafter referred to as the Website.
§ 2 USERS
- Persons using these Services will hereinafter be referred to as Users.
- The Service Provider does not verify the authenticity of personal data provided by Users unless this is necessary to perform or conclude a given contract, provide the Service, or fulfill legal obligations.
§ 3 SUBJECT OF SERVICES
- The Service Provider provides legal advice via email, telephone, video meeting, or in-person meeting, after prior online appointment. The form of service provision depends on User preferences.
- Access to these services is subject to a fee. If a given Service or product is subject to a fee, the Service Provider will always display visible information about the price or the method of determining it, along with information about delivery costs (if applicable). Placing an order by the User involves, in particular, submitting a clear and unambiguous declaration of placing an order with an obligation to pay.
- Access to some Services may require the User to submit a declaration of acceptance of the Terms and Conditions, the privacy policy, or consent to the processing of personal data for the purpose of providing the Service, as well as acceptance of third-party terms and conditions (including entities offering direct transfer payments).
- The Service Provider may also offer free or paid Services other than those listed above. The Service Provider informs that using the Services may involve the risk of threats arising from this form of communication, in particular, interception or access to the User’s personal data by unauthorized persons. This may occur in particular if the User’s device does not have appropriate and up-to-date protection programs against viruses or unauthorized third-party access, the operating system is not updated, the User uses services offered by untrusted providers, or opens suspicious emails that may potentially unknowingly install Trojan horse programs
§ 4 INFORMATION OBLIGATIONS
The Service Provider informs the consumer about:
1.the main features of the service, including the subject of the service and the method of communication with the consumer – by always providing a clear and understandable description of the given product or service,
their identifying data, in particular the company, the body that registered the business, as well as the number under which it was registered, the Tax Identification Number (NIP) – by providing this data at the beginning of the Regulations,
2.the company’s address, email address, and telephone or fax numbers, if available, at which the consumer can quickly and effectively contact the entrepreneur – in the Regulations and on the Website,
3.the address at which the consumer can submit complaints,
4.the total price or remuneration for the service, including taxes, and if the nature of the service does not reasonably allow for their calculation in advance – the method in which they will be calculated, as well as transport, delivery, postal services fees, and other costs, and if the amount of these fees cannot be determined – the obligation to pay them,
5.the costs of using the means of payment distance communication for the purpose of concluding a contract, if they are higher than typically charged for using this means of communication – these costs are usually charged for using this means of communication,
6.the method and deadline for payment – this information is always provided in a clear and understandable manner in the online store functionality or the offer sent to the User,
7.the method and deadline for fulfilling the service by the entrepreneur, and the complaint handling procedure used by the entrepreneur – information on the method and deadline for fulfilling the service is provided in a clear and understandable manner in the online store functionality or the offer sent to the User; the complaint handling procedure is described in the Terms and Conditions,
8.the Code of Good Practice referred to in Art. 2 point 5 of the Act of August 23, 2007, on Combating Unfair Market Practices and the Method of Familiarizing Them – the Service Provider has not committed to applying a specific code of good practice.9.the duration of the contract or the method and grounds for terminating the contract – if the contract is concluded for an indefinite period or if it is to be automatically extended – this information is clearly and comprehensibly included in the online store functionality.
The Service Provider is obligated to provide the consumer with confirmation of the conclusion of the distance contract on a durable medium (within the meaning of the Consumer Rights Act) within a reasonable time after its conclusion, at the latest upon delivery of the goods or before the commencement of the service provision.
The Service Provider documents each transaction, including those involving consumers, concluded using means of distance communication with an appropriate electronic invoice. By accepting these Terms and Conditions, the User consents to receiving an electronic invoice and an invoice without a signature.
§ 5 PROVIDING LEGAL ADVICE
1. The Service Provider’s provision of legal advice involves providing the User with legal information based on the factual circumstances of the case described by the User – via remote communication, provided that the service does not involve drafting or dictating letters, procedural documents, contracts, or other documents.
2. If providing reliable legal advice requires specific activities that cannot be performed via telephone, in particular the analysis of documents, case files, or extensive case law, or if the performance of these activities exceeds the timeframe provided for the service, the Contractor is entitled to submit an offer to the Client for the provision of a given legal service, in particular the preparation of a written/electronic opinion.
3. If a given issue is controversial (particularly in legal doctrine or case law), or if for other reasons it is impossible to provide a specific answer to the Client’s question, the opinion may lack a clear conclusion – with the reasons for this state of affairs presented. In tax matters, the answer to a legal question may also be prepared subject to the Client’s request for an appropriate tax ruling.
4. The duration of the consultation depends on the selected legal advice option available on the Website and the arrangements between the User and the Service Provider.
5. The contract is concluded upon payment for the service.
§ 6 BOOKING AN ADVICE
1. The Service Provider offers the option of obtaining a Consultation by prior reservation of a date and time, hereinafter referred to as a Consultation with Booking.
2. Consultations are provided within the timeframe available on the Website, in the legal advice panel.
3. The conditions for obtaining a Consultation with Booking are:
1a. Completing and submitting the appropriate form available on the Website to the Service Provider;
1b. Granting the required consents, including those regarding these Terms and Conditions and the processing of personal data;
1c. Submitting a declaration of informed consent to the provision of the Consultation;
1d. Paying for the Consultation via PayU, whereby this payment is deemed to have been made with an obligation to pay and results in the Parties entering into an agreement to provide the Consultation under the terms described in these Terms and Conditions;
4. Reserving a Consultation date;
Consultations are provided with the understanding that the Service Provider does not guarantee that the User will be able to receive the Consultation immediately or within the time strictly desired by the User (even despite a reservation) – especially if it is necessary to extend a previously provided consultation. It is clarified that the estimated delay for a Booked Advice may be approximately 15 minutes.
5. The User is the party initiating the call to the Service Provider to obtain the Advice (in both variants) and the party bearing the standard costs of this call. The amount of these costs depends on the rates of the telecommunications operator with whom the User has entered into a relevant agreement.
6.The User has the right to cancel the Booked Advice up to the date of booking. A declaration to this effect can be delivered to the Service Provider in any form, including electronically. In such a situation, the Service Provider will refund the fee received from the User, at the nominal amount. However, if, despite booking the Advice, the User fails to submit a cancellation notice and does not initiate a call with the Service Provider on the Booked Date or within the following 15 minutes, the fee paid for the Advice becomes non-refundable and due for the Service Provider’s continued readiness to provide the service. Furthermore, the Service Provider is not obligated to provide the User with the Advice at an alternative time, although it may offer such an alternative. In the event of a Consultation, the User initiates a call on the scheduled date and time, but the call fails, the line is busy, or the Service Provider is unable to answer the call due to other activities, the User should retry the call three more times, at 5-minute intervals. If the Advice still cannot be provided within this timeframe, the Service Provider will call the User back within 24 hours (subject to paragraph 2) at the telephone number provided by the User in the form (provided that the number is registered in Poland [prefix +48] and that it is a toll-free number).
7. The Service Provider reserves the right to cancel or postpone the Advice date, particularly if the previously provided Advice ends late. In the event of cancellation of the Advice date, the Service Provider will immediately refund the User the nominal fee for the Advice – to the bank account from which the payment was made. In the event of a change in the Advice date, the Service Provider will refund the nominal fee for the Advice paid to the User if the User declares that the proposed Advice date is not suitable for them and cancels the Service.
§ 7 CONCLUSION OF THE AGREEMENT
1. The User can place an order by:
1a. sending a message via the contact form available on the Website,
1b. emailing the Service Provider,
1c. signing up for legal advice via the legal advice panel available on the Website.
2. The User places an order for the Service using the IT system, based on the instructions provided on the individual pages related to placing the order. The User’s declaration of placing an order with an obligation to pay and the actual payment for the Service constitutes the legal conclusion of an agreement between the Parties to provide the Advice in a given option. After concluding such an agreement, the Service Provider will send the User confirmation of the terms of the order to the email address provided by the User.
3. The Service Provider may offer various payment options, in particular:
3a. direct transfers,
3b. credit card payments,
3c. payments by phone.
4. The Service Provider provides Services to Users worldwide, with the reservation that the Advice is provided exclusively in Polish.
§ 8 CONSUMER RIGHTS
- If a User who is a consumer enters into a contract with the Service Provider, they may withdraw from the contract without giving a reason within 14 days, provided that the Service Provider has not provided the service to the User before the withdrawal deadline. The period begins upon conclusion of the contract for the provision of Advice (i.e., payment for the Advice). To meet the deadline, it is sufficient to submit and send the declaration before the expiry of the aforementioned deadline to the registered office address or email address of the Service Provider. In the event of withdrawal from a distance contract or a contract concluded off-premises, the contract is deemed not to have been concluded. If the consumer submitted a declaration of withdrawal from the contract before the entrepreneur accepted their offer, the offer ceases to be binding. The Service Provider is obliged to immediately, no later than 14 days from the date of receipt of the consumer’s declaration of withdrawal from the contract, refund all payments made by the consumer, including delivery costs. The Service Provider will refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not incur any costs for them.
- The right to withdraw from a contract concluded away from business premises or at a distance does not apply to the consumer in relation to contracts for the provision of services if the trader has fully performed the service with the express consent of the consumer.
§ 9 COMPLAINTS AND OUT-OF-COURT DISPUTE RESOLUTION
1. The Service Provider provides a warranty for Advice within the scope and under the terms of mandatory provisions of law. In the case of consumer sales, the Service Provider is responsible for providing Advice that complies with the applicable legal provisions on a given issue, subject to the limitations arising from the nature of the service and described in § 5 and § 6 of the Terms and Conditions.
2.The Service Provider is not liable for damages caused by the User providing false or incomplete information, or by failing to provide information.
3.In the event of a conflict of interest between the User and another client of the Service Provider in a specific matter, the Service Provider is obligated and authorized to refrain from providing legal services in connection with that matter.
4. The Service Provider does not provide additional guarantees.
5. Complaints regarding the provision of any services by the Service Provider may be sent in paper form to the Service Provider’s address indicated at the beginning of the Terms and Conditions.
6.The Service Provider should respond to the complaint within 14 days.
§ 10 FINAL PROVISIONS
1.In matters not regulated, applicable Polish law shall apply.
2.The Service Provider reserves the right to amend the Terms and Conditions at any time. In the event of any amendments to the Terms and Conditions, the Service Provider will notify registered Users of the change. The amended Terms and Conditions apply to contracts and events concluded or occurring after the amendment.
3.The Terms and Conditions are made available free of charge by the Service Provider before the conclusion of each contract for the provision of electronic services, in a manner that allows downloading, saving, and printing.
4.The Service Provider informs consumers about the possibility of using out-of-court redress procedures.
