505 499 556
KONSUMENCKI LIDER JAKOŚCI 2025

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

TABLE OF CONTENTS:

I. GENERAL PROVISIONS
II. DEFINITIONS
III. GENERAL RULES FOR USING THE WEBSITE
IV. LIABILITY FOR USE OF THE WEBSITE
V. FACTUAL ANALYSIS PRIOR TO PURSUING COMPENSATION
VI. ELECTRONIC SERVICES ON THE WEBSITE
VII. ARTICLES
VIII. CONTACT
IX. COMPLAINTS REGARDING THE WEBSITE
X. STATUTORY RIGHT OF WITHDRAWAL
XI. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
XII. COPYRIGHT TO THE WEBSITE AND USER CONTENT
XIII. FINAL PROVISIONS

These Terms and Conditions have been prepared with the aim of protecting your rights in connection with the use of the website https://www.sagarto.pl (hereinafter referred to as the “Website”). The Terms and Conditions define the general rules and conditions for using the Website, in particular the rules for conducting an analysis of the factual circumstances of a case prior to pursuing compensation. These terms govern the use of the Website’s functionalities and resources, including matters relating to our liability. If you have any questions regarding the content of these Terms and Conditions, you may contact us using the contact details provided below.

I. GENERAL PROVISIONS

  1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) regulate the provision of services by electronic means by SAGARTO spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at ul. Aleje Jerozolimskie 200, 02-486 Warsaw, entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number: 0000592549, NIP: 7010529390, REGON: 36326718200000, contact: szkody@sagarto.pl (hereinafter referred to as the “Service Provider”).
  2. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights, or the rights of a natural person for whom the use of the Website is directly related to their business activity, where it follows from the circumstances that the activity is not of a professional nature for that person, arising in particular from the subject of their business activity as disclosed in the Central Register and Information on Business Activity (CEIDG). In the event of any inconsistency between the provisions of these Terms and Conditions and the above-mentioned provisions of law, those provisions of law shall prevail.

II. DEFINITIONS

The terms used in these Terms and Conditions shall have the following meanings:

  • ARTICLES – an Electronic Service, a section of the Website under the “Guide” tab, constituting an online information service containing texts published by the Service Provider, including news, legal commentary and other content related to the subject matter of the Website.
  • FORM – an electronic form used to send a text message directly to the Service Provider via the Website.
  • SERVICE – services provided to the User by the Service Provider, either for a fee or free of charge, in particular services involving an analysis of the factual circumstances of a case prior to pursuing compensation, based on documentation submitted by the User, including the provision of advice, opinions and preparation of documents using means of distance communication, the results of which are also delivered using such means.
  • ELECTRONIC SERVICE – services provided electronically by the Service Provider to Users through the Website in accordance with these Terms and Conditions.
  • TERMS AND CONDITIONS – these Terms and Conditions of the Website.
  • COPYRIGHT ACT – the Act of 4 February 1994 on Copyright and Related Rights.
  • WEBSITE, INTERNET SERVICE – the website operated by the Service Provider and available at https://www.sagarto.pl
  • SERVICE PROVIDER – SAGARTO spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at ul. Aleje Jerozolimskie 200, 02-486 Warsaw, entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number: 0000592549, NIP: 7010529390, REGON: 36326718200000, contact: szkody@sagarto.pl
  • USER – a natural person who uses or intends to use the Website and its Electronic Services.
  • CONSUMER – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
  • CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights.
  • CIVIL CODE – the Act of 23 April 1964 – Civil Code.

III. GENERAL RULES FOR USING THE WEBSITE

  1. The User is required to use the Website in accordance with its intended purpose, subject matter and these Terms and Conditions, in particular in compliance with applicable laws, principles of social coexistence and good practices, while respecting personal rights and the copyrights and intellectual property rights of the Service Provider, other Users and third parties.
  2. The User is required to provide data that is consistent with the actual circumstances. The User is prohibited from providing unlawful content. The User is prohibited from sending unsolicited commercial information (spam) through the Website. The User must refrain from taking actions that may disrupt the proper functioning of the Website.
  3. Proper use of the Website requires the User to meet the following minimum technical requirements:
  • a computer, laptop or other multimedia device with Internet access;
  • access to an email account;
  • an up-to-date version of a web browser: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge;
  • recommended minimum screen resolution: 1024×768;
  • enabling the web browser to store Cookies and support Javascript.
  1. Use of the Website may involve standard risks occurring on the Internet. The primary risk for every Internet user, including persons using Electronic Services, is the possibility of the ICT system being infected by various types of malicious software, mainly created to cause damage or obtain unauthorised access to User data.
  2. To avoid such risks, the Service Provider recommends that the User equip the device used to connect to the Internet with antivirus software and keep it continuously updated by installing its latest versions.
  3. The Service Provider makes every effort to ensure the proper and uninterrupted functioning of the Website. Due to the complexity of the Website and its Electronic Services, as well as external factors beyond the Service Provider’s control (e.g. DDoS – distributed denial-of-service attacks), errors and technical failures may nevertheless occur, making it impossible or limiting the functioning of the Website in any way. In addition to interruptions caused by errors and technical failures, other technical interruptions may occur during which the Service Provider undertakes activities aimed at developing the Website and protecting it against errors and technical failures.
  4. The controller of personal data processed in connection with the use of the Website is the Service Provider. Personal data is processed for the purposes, during the periods and on the legal bases and according to the principles specified in the privacy policy published on the Website. The privacy policy primarily contains rules concerning the processing of personal data by the Service Provider on the Website, including the legal bases, purposes and periods of processing personal data and the rights of data subjects, as well as information regarding the use of Cookies and analytical tools on the Website.
  5. Use of the Website is voluntary. Likewise, providing personal data by a person using the Website is voluntary, subject to the exceptions specified in the privacy policy (use of Electronic Services and the statutory obligations of the Service Provider).

IV. LIABILITY FOR USE OF THE WEBSITE

  1. The User bears full responsibility for all content and data transmitted, made available, distributed and published by the User within the Website.
  2. When posting or transmitting any content or data within the Website, the User is required to possess all rights and permissions necessary to post such content and data on the Website, in particular copyrights or the required licences, permits and consents for their use, distribution, making available, publication, etc., especially the right to publish and distribute them on the Internet and in online systems, as well as the right to use and distribute the image of third parties where the content contains images of such persons.
  3. Any statements, assessments, opinions, comments and replies posted by Users on the Website represent their own opinions and do not constitute the opinion of the Service Provider.
  4. Pursuant to Article 14(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means, the Service Provider shall not be liable for data posted on the Website by Users if it is unaware of the unlawful nature of such data or the related activity. The Service Provider is not legally obliged to inspect or verify such data. However, upon receiving an official notification or obtaining credible information regarding the unlawful nature of the data or the related activity, the Service Provider shall take appropriate steps to immediately prevent access to such data, in particular by removing unlawful comments.
  5. The Service Provider does not guarantee the currency, accuracy or reliability of data posted on the Website by Users. The Service Provider shall not be liable for inaccuracies in such data, without prejudice to any potential liability of the Service Provider towards a User who is a consumer or a natural person for whom the use of the Website is directly related to their business activity, where it follows from the circumstances that such use is not of a professional nature for that person.
  6. The Service Provider makes every effort to ensure that the use of the Website is understandable and transparent for Users; however, it cannot guarantee that the User will be able to operate the Electronic Services independently or that they will prove useful in achieving the goals expected by the User. The Service Provider makes the Website available in the form in which it has been provided and makes no implied or express representations regarding its suitability for specific purposes.

V. FACTUAL ANALYSIS PRIOR TO PURSUING COMPENSATION

  1. After the Form has been completed, the Service Provider shall contact the User within 48 hours in order to conduct a free analysis of the factual circumstances prior to pursuing compensation.
  2. The User bears the risk of incorrectly completing the Form.
  3. Following the free analysis conducted by the Service Provider, an agreement governing the detailed terms of cooperation shall be signed.
  4. The price of the service provided by the Service Provider depends on the complexity of the particular case and the necessary time commitment of the person examining the matter. The prices of individual services provided by the Service Provider are determined individually for each case.
  5. The Service Provider shall not be liable for the consequences of the User providing incomplete or inaccurate data.
  6. The Service Provider is obliged to keep confidential everything it learns in connection with the performance of the Service.

VI. ELECTRONIC SERVICES ON THE WEBSITE

  1. Every User may use the Electronic Services under the conditions specified in these Terms and Conditions.
  2. The use of Electronic Services is free of charge.
  3. In particular, the User may use the following Website services:
  • Articles,
  • Form.
  1. The Website may also be used for commercial and advertising activities, including placing advertisements on the Website.
  2. A detailed description of the Electronic Services and the rules governing their operation is available in these Terms and Conditions and on the Website.

VII. ARTICLES

  1. The Articles may be viewed by all visitors to the Website without providing any data or performing any other actions. As part of the Articles, the Service Provider publishes news, legal commentary and other content related to the subject matter of the Website.
  2. The Service Provider makes every effort to update and verify the accuracy of the information presented in the Articles.
  3. All content available in the Articles is for informational or commentary purposes only. Opinions presented in the Articles do not constitute and must not be treated by Users as binding recommendations or other information recommending or suggesting that Users make any decisions. The information available in the Articles should not constitute an independent basis for the User to make any decisions that could entail financial risk or other undesirable consequences for the User. The information contained in articles and posts in the Articles does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code.
  4. The User may, at any time and without giving a reason, stop using the Articles by closing the web browser or leaving the Website.

VIII. CONTACT

  1. The primary form of ongoing remote communication with the owner of the Website is email (address: szkody@sagarto.pl), through which Users may exchange information with the Service Provider concerning the use of the Website.
  2. Users may also contact the Service Provider by other legally permissible means, using the Service Provider’s contact details provided at the beginning of these Terms and Conditions.

IX. COMPLAINTS REGARDING THE WEBSITE

  1. The basis and scope of the Service Provider’s liability towards the User for the operation of the Website are determined by generally applicable laws, in particular the Civil Code.
  2. Complaints relating to the operation of the Website and the use of Electronic Services should be submitted directly to the Service Provider, for example by email to: szkody@sagarto.pl.
  3. It is recommended that the User include in the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date on which the irregularity occurred; (2) the User’s expectations; and (3) the contact details of the person submitting the complaint. This will facilitate and expedite the processing of the complaint by the Service Provider.
  4. The requirements referred to in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.
  5. The Service Provider shall respond to the User’s complaint without undue delay, no later than within 30 calendar days from the date of receipt.

X. STATUTORY RIGHT OF WITHDRAWAL

  1. This section of the Terms and Conditions applies only to Users who are consumers and to distance contracts concluded by them with the Service Provider.
  2. The right to withdraw from a distance contract does not apply to consumers in relation to contracts:
  • for the provision of services, where the Service Provider has fully performed the service with the express consent of the consumer, who was informed before the service commenced that once the Service Provider has fully performed the service, the consumer would lose the right of withdrawal;
  • where the subject matter of the service consists of audio or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;
  • for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
  • for the supply of digital content that is not supplied on a tangible medium, where performance has begun with the consumer’s express consent before the expiry of the withdrawal period and after the Service Provider has informed the consumer that they would lose the right of withdrawal.
  1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs. To comply with the deadline, it is sufficient to send the withdrawal statement before the expiry of the deadline.
  2. The withdrawal period begins on the date on which the contract is concluded.
  3. Statements addressed to the Service Provider in connection with exercising the right of withdrawal may be sent using the contact details provided at the beginning of these Terms and Conditions.
  4. The provisions of this section concerning consumers also apply to a User who is a natural person entering into a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of their business activity as disclosed in the Central Register and Information on Business Activity (CEIDG).

XI. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

  1. This section of the Terms and Conditions and all provisions contained herein apply only to Users who are consumers.
  2. Detailed information concerning the possibility for consumers to use out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection at:
    https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  3. A contact point also operates under the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, postal address: Pl. Powstańców Warszawy 1, Warsaw), whose tasks include, among others, providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
  4. Consumers have, among others, the following options for using out-of-court methods of handling complaints and pursuing claims:
  • submitting an application to a permanent amicable consumer court for resolution of the dispute (more information is available at: http://www.spsk.wiih.org.pl/);
  • submitting an application for out-of-court dispute resolution to the regional inspector of the Trade Inspection Authority (more information is available from the inspector competent for the place where the Service Provider conducts its business activity); and
  • obtaining assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumers’ Federation and the Polish Consumers Association). Advice is also provided by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (the helpline is open on business days from 8:00 a.m. to 6:00 p.m.; calls are charged according to the operator’s tariff).

XII. COPYRIGHT TO THE WEBSITE AND USER CONTENT

  1. Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and trademarks available within it, belong to the Service Provider or other authorised third parties and are protected under the Copyright Act and other generally applicable laws. The protection granted to the Website covers all forms of its expression.
  2. The Website should be treated in the same way as any other copyright-protected work. The User has no right to copy the Website except in cases permitted by mandatory provisions of law. The User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to determine the source code of the Website, except in cases permitted by mandatory provisions of law.
  3. The trademarks of the Service Provider and third parties should be used in accordance with applicable laws.
  4. A User posting content on the Website that constitutes a work within the meaning of the Copyright Act is required to ensure that they hold the economic copyrights or other legally required permissions to the extent allowing such works to be distributed within the Website. If a third party brings claims against the Service Provider in connection with an infringement of their rights by the User on the Website, the User is obliged to cooperate with the Service Provider in resolving the dispute and, where necessary, release the Service Provider from all claims and liability arising from the infringement committed by that User.
  5. Upon the User posting on the Website content for which the User holds copyright or other legally required permissions, the User grants the Service Provider a free-of-charge, non-exclusive, transferable and sublicensable licence to use the received content, including the right to use economic copyrights, without territorial or time limitations (but not for less than the duration of the agreement for the use of the Website’s services), in the following fields of exploitation:
  • permanent or temporary distribution, display, reproduction and storage of such content using digital technology, including through computers, mobile devices and the Internet, to the extent necessary for the proper provision of Electronic Services to all Website Users and for the promotion and advertising of the Website through the Service Provider’s profiles and discussion groups, websites and fan pages associated with the Website on social media;
  • permanent or temporary reproduction of such content, in whole or in part, using digital technology, to the extent that reproduction is necessary for its distribution, display, reproduction and storage for the purposes and within the scope specified above;
  • making the content publicly available via the Website and the Service Provider’s profiles, discussion groups, websites and fan pages associated with the Website on social media in such a way that everyone may access it from a place and at a time of their choosing.

XIII. FINAL PROVISIONS

  1. The language used for communication between the Service Provider and the User is Polish.
  2. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, including:
  • changes in legislation; being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; changes to the Service Provider’s details; addition or removal of Electronic Services; introduction of paid services or changes to the pricing rules for existing Website services; the need to prevent an unforeseen and direct threat related to the protection of the Website, including Electronic Services and Users, against fraud, malicious software, spam, data breaches or other cybersecurity threats; improvement of the quality of User service – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
  • in the case of a continuous service agreement, the amended Terms and Conditions shall be binding on the User if the User has been properly notified of the changes at least 15 calendar days before their introduction and has not terminated the agreement during that period. In addition, at any time after receiving notification of the changes, the User concerned may accept the changes and thereby waive the remainder of the notice period. If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, a User who is a consumer or a natural person for whom the use of the Website is directly related to their business activity, where it follows from the circumstances that such use is not of a professional nature for that person, has the right to withdraw from the agreement.
  • in all other cases, amendments to the Terms and Conditions shall in no way affect the User’s acquired rights existing before the amendments enter into force; in particular, amendments to the Terms and Conditions shall not affect contracts already concluded, being performed or already performed.
  1. These Terms and Conditions have been prepared on the basis of Polish law. Matters not regulated by these Terms and Conditions shall be governed by Polish law, including the Civil Code, the Consumer Rights Act and other laws applicable to the activities and operation of the Website and in force within the territory of the Republic of Poland.
  2. The provisions of these Terms and Conditions do not exclude the possibility for Users to rely on mandatory provisions of law governing the protection of consumer rights.
  3. The provisions of these Terms and Conditions do not exclude the possibility of taking legal action provided for by generally applicable laws against persons violating the licence terms or copyrights.
  4. Any disputes between the Service Provider and a User who is not a consumer within the meaning of Article 22¹ of the Civil Code shall be submitted to the court having jurisdiction over the registered office of the Service Provider.