- The aquaforestlab.com Internet Lab operating at aquaforestlab.com is run by Aquaforest Sp. z o.o. Sp. K. having its registered office in Brzesko at Starowiejska 18, 32-800 Brzesko, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000660869, maintained by the District Court for Kraków Śródmieście in Kraków, XI Division of Commerce, TIN: 945 212 07 24, REGON 120852753, share capital: 50 000 ZŁ and offers professional analysis of liquid samples via the Internet.
- These Regulations set forth the rules and terms of using the aquaforestlab.com Internet Lab, in particular the terms of making orders for the services provided by the Lab as well as the types and scope of Services provided by electronic means, conditions of providing such E-Services, conditions of execution and termination of contracts for E-Services and complaint procedures in this respect.
- The Internet Lab provides Services to Customers whose habitual place or residence or registered office is located in Poland and outside Poland. Orders may be placed at any time of the year, 24 hours a day, through the aquaforestlab.com webpage, except periods of technical breaks, during which making orders is temporarily suspended.
- Before commencing to use the Services provided in any form by the Internet Lab, the Customer is obliged to read the Lab Regulations. Proceeding to use the Internet Lab means that its regulations are familiar to and accepted by the user.
- To all matters not settled herein, subject to sec. 6 and 7, provisions of Polish Law shall apply, in particular the Act on the Civil Code of 23 April 1964 (consolidated text: Journal of Laws 2014, item 121 as amended) and the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827).
- To all matters not settled herein, in relation to agreements concluded with Customers being entrepreneurs based outside Poland, the provisions of relevant, mandatory Polish laws shall apply.
- To all matters not settled herein, in relation to agreements concluded which Customers who are consumers habitually residing outside Poland, the provisions of relevant, mandatory Polish laws shall apply, but such consumers may also use the protection they are entitled to under regulations in force in the state of their habitual residence, if such regulation may not be excluded by agreement.
- Contacts with the Consumer Service Team shall be made by the contact form available at the Lab webpage www.aquaforestlab.com.
The terms used hereto shall have the following meaning:
- Regulations – this document setting forth the rights and responsibilities of Customers,
Newsletter Subscribers ad Service Provider.
- Service Provider- the company known as Aquaforest Sp. z o.o. Sp. K. having its registered office in ul. Starowiejska 18, 32-800 Brzesko entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000660869, maintained by the District Court for Kraków Śródmieście in Kraków, XI Division of Commerce, TIN: 945 212 07 24, REGON 120852753.
- Internet Lab – the Internet lab operated by the Service Provider and available at aquaforestlab.com Internet domain by means of which the Customer may use the Services offered by the Service Provider.
- Customer – a natural person having full or limited capacity to perform acts in law, or a legal person and organization having no legal personality, whose is legal capacity is acknowledged by the Act, using the Services provided by the Service Provider.
- Service – any service provided by electronic means by the Service Provider through the Internet Lab, which consists in enabling the Customer to view on their account the results of water sample analysis related to the vial of water delivered by the Customer.
- Account – a collection of ICT resources of the Service Provider, where the Customer data are gathered (in particular details of Orders), assigned with an individual login and password and available upon registration and log-in the user administration panel of the Internet Lab.
- Registration Form – a form available from the Internet Lab used to open an account, where specific data must be disclosed together with the password and login.
- Order – a declaration of will made by the Customer which constitutes an offer to conclude the Agreement for the Provision of Services with the Service Provider by registration of recommended vials with water and their delivery to the Service Provider’s address.
- Vial – a container with a closing cap purchased from an authorized dealer, in a store or from a distributor and delivered, at the Customer’s expense, to the registered address indicated by the Service Provider.
- Sample - water contained in the closed Vial which is the subject to analysis.
- Contact form – a form available from the Internet Lab webpage www.aquaforestlab.com, used for contacts with the Service Provider, where specific data must be disclosed.
- Agreement for the provision of services – an agreement for service provision concluded between the Customer and the Service Provider via the Internet Lab and related to the performance of water analysis involving water samples provided by the Customers, i.e. measuring the level of 36 elements in the water samples delivered to the Service Provider by the Customer in vials and at the latter’s cost:
- water from aquarium: Li, Si, I, Ba, Mo, Ni, Mn, Be, Cr, Co, Fe, V, Zn, Hg, Se, Cd, Sn, Sb, As, Al, PB, Ti, Cu, La, Sc, W, Na, Ca, Mg, K, Br, B, Sr,S, P, PO4, salinity, carbonate hardness.
- Riverse Osmosis water: Li, Si, I, Ba, Mo, Ni, Mn, Be, Cr, Co, Fe, V, Zn, Hg, Se, Cd, Sn, Sb, As, Al, PB, Ti, Cu, La, Sc, W, Na, Ca, Mg, K, Br, B, Sr,S, P, PO4.
When the test is not possible:
In test kit number 2 (Aquarium + RO) will be 2 salt water - the result will be only 1 sample - from the vial marked with blue stopper (saltwater).
- Water is tested in salinity ranges from 0ppt - 42ppt. Tubes with salinity above 42 ppt will be discarded and will not be tested.
- As a result of spilling in the vial there will be no water.
- Working day - any day from Monday to Friday excluding statutory holidays.
- Consumer – a natural person performing an act in law not directly related to their business or professional activity.
- Newsletter – a service involving marketing and commercial information forwarded from time to time by electronic means to the Newsletter Subscribers’ e-mails.
- Newsletter Subscriber – any person who give consent to receive newsletter and, to this end, voluntarily provide their e-mail address to the Service Provider.
- To register the Account with the Internet Lab, you must enter your login, e-mail and password. One of the conditions of opening the Account is acceptance of the Internet Lab Regulations and consenting to processing of your personal data for purposes connected to with the Customer Order execution.
- Registration with the Internet Lab and using all its functions is free of charge.
- The Customer is obliged to provide true and correct information in the Registration Form.
- The Customer may, at any time and on their own remove the account, by selecting the desired command on the Customer panel, or by making a relevant statement via the Contact Form. Effective service of such statement is equivalent to the termination of agreement for the provision of E-services, including running the Account, with immediate effect, and the Account shall be removed by the Service Provider as soon as the termination notice is received.
- The Service Provider may terminate the agreement for the provision of e-services, including running the Account, by electronic means, i.e. by forwarding a relevant notice to the Customer’s e-mail address.
- The Service Provider may withdraw from the agreement for the provision of e-services with immediate effect (without notice period) by electronic means, if the Customer is liable for a material breach of these Regulations, in particular in the case the Internet Lab is used in a way that disturbs its operation or when illegal contents are provided by the Customer.
- Order placement and execution
- No information provided on the Internet Lab webpage constitutes an offer within the meaning of the applicable laws, but is, in fact, an invitation to the conclusion of an agreement under art. 71 of the Act on the Civil Code of 23 April 1964 (i.e. Journal of Laws 2014, item 121 as amended). By placing an Order, the Customer is making an offer for the Service Provider to conclude the Agreement for the provision of services subject to the terms provided in the specification of the Order.
- The Internet Lab ensures Order placement procedure available for 7 days a week in the 24 hour system.
- Order placement is possible upon previous registration at www.aquaforestlab.com and subsequent entering of the codes from vials recommended by the Internet Lab to effect water sample registration.
- Upon successful registration of the water sample(s), following the instruction from aquaforestlab.com webpage, the water sample must be shipped to the following address: ul. Starowiejska 18, 32-800 Brzesko, Polska.
- The cost of water sample shipment shall be borne by the Customer.
- As soon as the Order and relevant water vial is received by the Service Provider, the latter forwards a relevant order confirmation to the e-mail address indicated by in the Customer Account, unless the execution of such Order is impossible. The receipt of Order confirmation is the moment when the Agreement proper is concluded between the Customer and the Service Provider.
- Once the samples are received by the Service Provider, they are subject to analysis, whereupon the Service provider forwards its results to the Customer via the Account opened by the latter at aquaforestlab.com webpage.
- The Service Provider reserves itself 7 days for completing analysis, from the date of sample delivery to the company registered address.
- Testing of water samples shall be performed and made available free of charge exclusively with respect to the vials purchased in accordance with the Internet Lab recommendation.
- The cost of shipping samples to aquaforestlab.com is borne by the customer.
- Complaints may be related to the services provided by the Service Provider.
- Any complaints about the Service may be submitted by the Customer in writing to the Service Provider’s address or by means of the Contact Form.
- I the case of Service related complaints, the circumstances that refer the subject of the complaint should be indicated, in particular the type of defect and the date when it occurred.
- All complaints should contain contact details of the filing party.
- The manner of dealing with the complaint shall be disclosed to the filing party by the Service Provider without delay, but not later than within 14 days, incompliance with the provisions set forth in art. 2. If the internet Lab takes no position about the claims submitted by the Customer within 14 days, such claims shall be deemed admitted.
WITHDRAWAL FROM THE AGREEMENT
- The Customer who is also the Consumer that concluded a distance agreement may withdraw from such agreement without providing any reasons for doing so, until the time the Service Provider makes test results available in the manner specified in the Regulations. The Customer may withdraw from the Agreement by a written notification delivered to the Service provider to the latter’s address or be means of the Contact Form.
- The Seller shall immediately forward to the Consumer a relevant confirmation of the receipt of such withdrawal. Said confirmation shall be forwarded to the e-mail indicated by the Consumer.
- If the withdrawal from the Agreement for the provision of services is effective, said Agreement shall be deemed unconcluded, while the Consumer shall be released from any obligations. Whatever the parties have furnished shall be returned unchanged, save when the change was necessary in the ordinary course of business. The return shall also be effected immediately, no later than within 14 days.
- The Service Provider shall return the vials delivered by the Customer to the address indicated by the Customer or in a different way suggested by the Customer. The Customer withdrawing from the Agreement shall incur only the costs of vial return.
- The Customer shall lose the right to withdraw from the Agreement for the provision of services once it has been completely executed by the Service Provider, i.e. when test results are made available to the Customer on-line via the account opened at the aquaforestlab.com webpage.
PERSONAL DATA PROTECTION
- The Administrator of the personal data provided by the Customers and Newsletter Subscribers is the Service Provider, who processes such data in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws 2002, no. 926 as amended) and the Act on Providing Services by Electronic Means 18 July 2002 (consolidated text: Journal of Laws 2013, item 1422).
- The Customers and Newsletter Subscribers provide their personal data voluntarily and grant consent to their gathering and processing under the Personal Data Protection Act of 29 August 1997 exclusively for the purpose of executing Agreements and Newsletter receipt.
- The personal data of the Customers and Newsletter Subscribers are protected in the way that prevents their unauthorized use under the Personal Data Protection Act of 29 August 1997.
- The Customers and Newsletter Subscribers may at any time access and review the personal data that they disclosed and, if necessary, change their content, demand their removal and use other rights provided for in the Personal Data Protection Act of 29 August 1997.
- The Customers and Newsletter Subscribers may agree to receive advertising and commercial information from the Service Provider, including their provision by electronic means. Such information shall not be distributed if the Customers and Newsletter Subscribers do not wish to get any of them.
- The personal data processed by the Service Provider may be made available or disclosed only to entities authorized to their use under the applicable laws, including the competent judicial authorities. The personal data processed by the Service Provider may also be forwarded to third parties indicated by the Service Provider to ensure proper execution of Agreements and activities related to the services provided by the Service Provider within the Internet Lab.
- These Rules become effective from the day they are posted on the Internet Lab webpage: www.aquaforestlab.com and shall be in force for an indefinite period of time.
- The Service Provider may amend these Regulations in the way binding for the Customers, provided that the latter were duly notified about such amendments and did not terminate the Agreement for the provision of services by electronic means within 14 days from the date of such notification.
- No changes in or amendments to the Regulations may infringe upon the rights reserved for the Customers which result from the Agreements and Orders concluded and placed prior to their introduction.
- If the Customer does not agree to any changes or amendments, the Customer may remove their Account.
- In the case any of the provision of these Regulations do not comply with the applicable laws, they shall be replaced with such laws.
- Any disputes arising between the Service Provider and the Customer who is also a consumer within the meaning of art. 21 of the Civil Code, shall be settled by competent Courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws no. 43, item 296 as amended). The Customer who is a consumer shall also have the possibility to use out-of court means of dealing with complaints and pursuing claims before the Consumer Tribunal at the Provincial Trade Inspectorate. All information related to the access methods to such means of dispute resolution is available at www.uokik.gov.pl, tab: „Consumer dispute resolution”.
- Any disputes arising between the Service Provider and the Customer who is not a consumer within the meaning of art. 22 of the Civil Code, shall be settled by the Court having jurisdiction over the Service Provider’s seat.
- Any copyrights connected with the Internet Lab are reserved, in particular: rights to texts, graphic elements, IT mechanisms, data bases, patterns, concepts and other elements of the Internet Lab are reserved and subject to legal protection.
- The name of the Internet Lab is protected by law.
- Without previous written consent from the Service Provider, it is forbidden to copy, modify or amend in any way all or part of the elements of the Internet Lab, for commercial or other purposes.