THE TERMS OF USE OF THE MOWION WEBSITE

§1 General provisions

1. These Terms of Use specify the terms and conditions of use of the MOWION website available in Polish on www.mowion.pl., as well as in other languages on mowion.com, mowion.cz, mowion.sk, mowion.hu, mowion.de, and mowion.fr.
2. The applicable provisions of Polish law, in particular:
   • the Act of 18 July 2002 on providing services by electronic means (Dz. U. [Polish Journal of Laws] of 2016, Item 1030, as amended),
   • the Act of 23 April 1964 – the Civil Code (Dz. U. of 1964, No. 15 Item 93, as amended);
   • The legal regulations pertaining to personal data, including 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 (GDPR);
   • the Act of 4 February 1994 on copyright and related rights (Dz. U. No. 90 Item 631)
 constitute the legal basis for the operation of the Website and for these Terms of Use.
3. Definitions:
   • Service Provider – Kanlux S.A., with its registered office at ul. Objazdowa 1-3, 41-922 Radzionków, a company entered in the register of entrepreneurs of the National Court Register kept by the District Court in Gliwice, the X Commercial Division of the National Court Register, under KRS No. 0000286139, NIP (Tax-Identification Number): 645-243-27-93, REGON (National Business-Registry Number): 240672104, with a share capital of PLN 35,500,000.00;
   • Website  – a website available on the following website address: maintained and owned by the Service Provider;
   • Service  – a service provided by electronic means by the Service Provider, via the Website, without the simultaneous presence of the parties, and with the use of a telecommunications network;
   • User – a Natural person – a legal person or an organisational unit without legal personality, but with the capacity to perform acts under the law, who uses the Website. Users are divided into Individual Users and Partners;
     • Individual User – a natural person who uses the Website for private purposes, unrelated to the professional or business activities carried out by them (consumer).
     • Partner – a User of the Polish version of the Website, having a corporate account at the shop.kanlux.pl website, who – in direct or indirect relation to their professional or business activities – purchases goods from Kanlux S.A. via the shopping website available on shop.kanlux.pl, pursuant to a trade agreement (a so-called B2B Customer of the Kanlux online store) and who, due to their use of the shop.kanlux.pl website, intends to use the facilities of the www.mowion.pl Website at the same time. Registering an Account on the shopping website allows the Partner to access all facilities of the www.mowion.pl Website. The widest range of facilities is available on the Polish version of the Website. Certain facilities of the Website might not be available in other language versions.
   • Customer – an Individual User and a Partner registered on the Website, who uses the Services rendered by the Service Provider through the Website, in accordance with the provisions of these Terms of Use. Registration on the Website is possible only for those Users who use the form provided on the Website to request commercial and marketing information from the Service Provider to be delivered to the e-mail address or telephone number submitted for that purpose. The Customer’s Account is maintained on the Website until they withdraw their consent to the use of the data provided for the purposes of receiving commercial and marketing information from the Service Provider. In addition to the usual facilities of the Website, after registering the Account on the Website, Customers can save, store, edit, and record changes in the sets containing Mowion products, created in the “Customise It” tab available on the Website, and use the same to create projects for their own personal use. Should the User withdraw his or her consent to receiving commercial and marketing information from the Service Provider, Kanlux will be entitled to delete the User’s Account from the Website and no longer provide free-of-charge access to the selected facilities of the Website, available to Users logged in to the Website;
   • Services  – the services rendered by the Service Provider on the Website, in accordance with the provisions of these Terms of Use;
   • Registration  – the provision of the Personal Data by the Individual User in the registration form, resulting in the creation of the Account on the Website, or the provision of the Personal Data by the Partner in the registration form, resulting in the creation of the Account on the shop.kanlux.pl shopping website;
   • Data  – information posted on the Website by the Individual User or the Partner and saved in the Account on the Website assigned to the given Customer;
   • Personal Data – a set of personal data on the Individual User or of the Partner, processed by the Service Provider for the purpose of rendering the Services, performing an agreement or sending requested commercial and marketing information, submitted by the Individual User during the registration of the Account on the Website, and by the Partner during the registration of the Account on the shop.kanlux.pl shopping website, which grants access to this Website;
   • Parties  – the Customer and the Service Provider.

§2 General terms and conditions of use of the Website

1. The Website is used by means of an ICT system. In order to use the Website, the User must have a device with access to the Internet and a web browser.
2. Prior to the Registration, Users are required to familiarise themselves with these Terms of Use and with the Privacy Policy available on the Website for the Individual Users and on the shop.kanlux.pl shopping website for the Partners, and to subsequently agree to them.
3. The content of the Website is the property of the Service Provider and is legally protected.
4. The Service Provider renders the Service which consists of allowing the Customers to create their own projects, free of charge, based on the configurations of photographs of the Service Provider’s products, made available to the Customer for this purpose. The Customer may also store a database of projects created in this manner in their Account on the Website, free of charge. Furthermore, the Service Provider enables the Partners to sign in to the Website using the same password and login they use in order to register on the shop.kanlux.pl shopping website. The Partner registered on the shopping website may use all facilities of the Website available to the Customer who is an Individual User, and furthermore – on the Polish version of the Website – they may add products to the basket at the prices agreed with the Service Provider (resulting from the commercial terms binding for the Partner). While placing an order for the Products added to the basket on the Polish version of the Website, the Partner is automatically redirected to the shop.kanlux.pl website, where he or she is able to complete the order procedure or modify the order.
5. In order to use the Services offered by the Service Provider, it is necessary to complete the Registration procedure on the Website or, in the case of the Partner, on the shop.kanlux.pl shopping website. Registration on the Website is open only to those Users who, while creating their Account, checked the appropriate box on the registration form or on a separate form, thus requesting the commercial and marketing information from the Service Provider and their affiliates to be provided to the e-mail addresses or telephone numbers submitted for this purpose. Requesting commercial and marketing information from the Service Provider is voluntary; however, if the consent box regarding the sending of commercial and marketing information to the User is not checked, registering on the Website and the using certain functions of the Website is not possible. The provisions of Article 3(3) apply accordingly.

§3 Registration

1. In order to use the Website, the User is required to register on the Website, free of charge.
2. In order to complete the Registration process, the User fills in the registration form available on the Website on https://mowion.pl/logowanie/ or, in the case of the shop.kanlux.pl shopping website, an employee of the Sales Department of Kanlux enters the Partner’s data into the IT system, based on the concluded trade agreement.
3. The registration form contains boxes marked with an asterisk (“*”); filling in such boxes is voluntary, but required in order to complete the Registration process.
4. On the registration form, the User provides the following data:
   a) first name and surname,
   b) e-mail address or telephone number to which the Service Provider should send the commercial and marketing information.
5. The User may also submit other data, such as address, company name, or job position, if – with the intention of concluding a certain agreement in the future – they are interested in other services, such as a visit from a sales representative of the Service Provider or from a sales representative of an affiliate of the Service Provider
6. Users are required to provide the correct Personal Data and they bear full legal responsibility in this respect.
7. A Partner who has an account on the shop.kanlux.pl shopping website may sign in to the Website using the same login and password used to sign in to the shopping website.
8. By  accepting the Terms of Use and the Privacy Policy made available by the Service Provider on the Website or the shopping website, Users undertake to use the Website in a manner consistent with its intended purpose and with the provisions of these Terms of Use. Users should accept the terms and conditions of use of the Website no later than on logging in to the Website or using its facilities for the first time.
9. After filling in the registration form, the Individual User receives a message with an activation link to the e-mail address submitted by them. Clicking the activation link results in the creation of the Account on the Website. In case of the Partner, the Account on mowion.pl is created automatically following the registration of the Account on shop.kanlux.pl.
10. The procedure described in Point 9 above initiates the provision of the Services by electronic means by the Service Provider to the Customer.

§4 Account

1. Only the Account holders who have correctly completed the Registration process are allowed to use all facilities of the Website available in the given language version.
2. The Users sign in to their Account using their login and password.
3. The password is confidential and must not be disclosed to third parties.
4. The password can be recovered based on the e-mail address currently assigned to the Account.
5. Only one Account may be assigned to a given e-mail address.
6. While using the Website, the Customer holding the Account may, in particular:
   – browse products marked with a name, a symbol, and a price;
   – use the Customise It and the Visualise It tabs in order to create projects with product sets assigned to specific rooms and objects, together with information on prices, and PDF files containing technical data concerning the selected product;
   – save and edit the projects created in the Customise It and the Visualise It tabs in their Account;
   – download and print the created projects in the Customise It and the Visualise It tabs using PDF files generated in the Website system, together with descriptions, symbols, and prices;
7. Pursuant to Article 2(4), on the Polish version of the Website the registered Partner may add to the basket the Products calculated according to the prices binding for them, agreed with the Service Provider in the commercial terms, and subsequently purchase the same after being redirected to the shop.kanlux.pl website. The Service Provider ensures the configuration of both websites for this purpose.
8. Based on the consent given during the Registration procedure on the Website, the Customer may receive from the Service Provider and their affiliates commercial information containing industry-specific materials, as well as information concerning new releases from the Service Provider and its affiliates.
9. Deletion of the Account results in the deletion of the Customer’s personal data posted on the Website and the deletion of the configurations created by the Customer. Deletion of the account on the Website by the Partner does not result in the deletion of the account on the shop.kanlux.pl shopping website.

§5 Other Services provided on the Website

The Services provided on the Website are provided free of charge. In addition to the Services specified in Articles 2 and 4, the Service Provider also enables the Customers to:

• browse through the available products offered by the Service Provider, marked with a name, a symbol, and a price;
• the products are available in various colours, which allows the User to create configurations and visualisations of the selected products to compose a set;
• use the Visualise It tab, create and download PDF files with the created projects;
• use the Customise It tab, create and download PDF files with the created projects, together with the information concerning the price;
• browse through the Inspirations provided on the Website;

Users of the Website may send enquiries to the Service Provider using the contact form provided on the Website. Responses to the enquiry will be sent to the e-mail address indicated by the User who submitted the enquiry.

The individual language versions of the Website might differ in terms of the available facilities. In this regard, the original Polish language version of the Website is the most complete.

§6 Prohibited activities

1. Users and Customers undertake to use the Website in a manner consistent with the provisions of these Terms of Use and with the nature of the business activities engaged in by the Service Provider.
2. Users and Customers agree to refrain from any actions which could destabilise the operation of the Website or hinder the use of the Website by other Users and Customers.
3. Should the Account be used in a manner inconsistent with the provisions of these Terms of Use or the applicable provisions of the law, or in a manner inconsistent with the principles of morality, the Service Provider may delete the Account or temporarily block it.
4. Immediately prior to the deletion or blocking of the Account, the Customer will receive a notification to the e-mail address or telephone number submitted during the Registration process, concerning the Service Provider’s intention to delete or block the Account due to the violation of the Terms of Use.
5. The Customer has the right to file a complaint in the manner specified in Article 9 of these Terms of Use.

§7 Responsibility

1. The Service Provider undertakes to ensure the highest quality of the Services rendered by it.
2. Users and Customers acknowledge that certain facilities available on the individual language versions of the Website may not be available to them due to the technical configuration of the equipment they use to browse the pages of the Website.
3. The Service Provider reserves the right to temporarily disable the Website at any time in order to maintain, update, and technically improve the equipment, or to expand the content of the Website. The Service Provider posts appropriate notifications in this regard on the Website.
4. The Service Provider reserves the right to transfer all rights to the Website, to shut it down in its entirety, or to discontinue the provision of the Services, whether in whole or in part.
5. The Service Provider is not liable for the content and form of the Data and the Personal Data posted by the Users.
6. Each User is responsible for providing his or her personal data in a correct manner and for using any data concerning other persons.
7. The Service Provider declares that it is not responsible for the investment decisions taken based on the information published on the Website, in particular in the “Products”, “Customise It” and “Visualise It” tabs, nor is it responsible for any damage resulting from the actions taken based on such information.
8. The prices presented on the Website, except for the prices agreed between the Partner and the Service Provider in the commercial terms, are provided for convenience only, and might be subject to change and represent net values, without the waste-management cost and VAT. The presented prices might differ from the prices advertised by the trading partners of the Service Provider.
9. The valuations available on the Website are provided for convenience only and do not constitute commercial propositions within the meaning of the Polish Civil Code.
10. In order to familiarise him or herself with the commercial proposition and the terms and conditions of purchase of the products available on the Website, the Individual User should contact the trading partners of the Service Provider or in the Sales Department of the Service Provider, which can be contacted on the telephone number +48 /32/ 388 74 10 or the e-mail address kanlux@kanlux.com.

§8 Copyrights

1. The author’s economic rights to all visual elements and technical solutions used on the Website are vested exclusively in the Service Provider.
2. Copying, reproducing, or using the content of the Website, in whole or in part, without prior written consent of the Service Provider, is prohibited.
3. The Customer is not entitled to make the Services available, in whole or in part, to any third parties or to develop services similar to the Services rendered by the Service Provider as a model, or to carry out other activities which violate copyrights or other intellectual property rights.

§9 Complaint procedure

1. Users and Customers may submit their remarks related to the functioning of the Website by sending complaints to the address of the registered office of the Service Provider or by using the contact form available on the Website.
2. The complaints are reviewed by the Service Provider no later than 30 days following their receipt, if the complaints are formulated in a clear and transparent manner.
3. In the event of any ambiguities or incompleteness in a complaint, the Service Provider requests that the relevant complaint be supplemented within 7 days.
4. If the request referred to in Point 3 above is not complied with, the complaint is not considered.
5. The Individual User or the Partner is notified of the decision taken regarding the complaint by electronic means – via e-mail to the current e-mail address provided by him or her.
6. The purpose of complaints is to improve the functionality of the Website.

§10 Personal-data protection

1. The controller of the personal data of Users and Customers is Kanlux S.A., with its registered office at ul. Objazdowa 1-3, 41-922 Radzionków, (hereinafter referred to as “the Controller” or “the PDC”).
2. The data subject may contact the Controller regarding all matters related to the data by sending an enquiry to the following e-mail address: ado@kanlux.pl.
3. The personal data, relevant and specific for the given purpose of the processing, submitted during the registration of the Account on the Website or during the use of other facilities of the Website, which can include first name and surname, e-mail address, telephone number, company name, job position, and postal address, is processed for the following purposes: the creation and maintenance of the Account on the Website and the use of the facilities of the Website by the Customer – pursuant to Article 6(1)(a) of the 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 (General Data-Protection Regulation); performance of an agreement to which the data subject is a party or the initiation of activities on request of the data subject, prior to the conclusion of the agreement – pursuant to Article 6(1)(b) of the GDPR; the fulfilment of other legal obligations of the Controller – pursuant to Article 6(1)(c) of the GDPR; assertion of claims arising from the agreement concluded or the business activities carried out, which constitutes a legitimate interest of the PDC for which the processing is carried out – pursuant to Article 6(1)(f) the of the GDPR. If the personal data in the form of a first name and surname, an e-mail address or a telephone number is made available to the Controller in order to receive commercial information, the Controller and their affiliates process such data, based on the consent given by the data subject, in order to pursue the legitimate interest of the Controller, consisting of the direct marketing of its own products or services, pursuant to Article 6(1)(f) of the GDPR.
4. The recipients of the personal data include the affiliates of the PDC, as well as the employees, associates, and persons providing services to the Controller and their affiliates, whom the Controller entrusts with the processing of the data or who will be authorised by it to process such data, in particular the persons who support the Controller in operating the Website and performing the agreement, also in the area of IT services.
5. The Controller does not intend to transfer the data to a third country or an international organisation.
6. The personal data is stored for the period specified in the provisions of the law, until any possible claims arising from the concluded agreement or from the carrying out of business activities become time-barred, or for the period provided for in the provisions of the law in relation to specific obligations of the Controller. The Personal Data made available to the Controller for marketing purposes or for the purposes of maintaining the Account on the Website is stored until the relevant consent is withdrawn. The withdrawal of consent to the processing of data does not affect the legality of the processing carried out on the basis of the consent prior to its withdrawal or the appropriateness of the activities which constitute the fulfilment of the purpose of processing.
7. The data subject has the right to access his or herdata and rectify it if it is inaccurate. In the cases provided for in the provisions of the law, the data subject has the right to demand that his or her data be deleted and the processing be restricted, the right to transfer the data, and to object to its processing.
8. For reasons related to the particular situation of the data subject, he or she has the right to object to the processing of the personal data when such processing is based on a legitimate interest of the PDC (Article 6(1)(f) of the GDPR).
9. Furthermore, the data subject may object to the processing of their data by the PDC for direct marketing purposes, including for the purposes of profiling.
10. The data subject has the right to file a complaint with the supervisory authority – the President of the Personal Data-Protection Office – if the PDC violates the provisions concerning personal Data-Protection while processing the personal data of the data subject.
11. The provision of personal data aimed at pursuing the legitimate interest pursued by the Controller, which consists of the direct marketing of their products or services, is voluntary, but necessary in order to create the Account and use all facilities of the Website available in the given language version. The provision of data in order to create and maintain the Account on the Website is voluntary, but necessary for the fulfilment of this purpose. If the data is not provided, the Account cannot be created. The provision of data in order to use certain facilities of the Website is voluntary; however, if the data is not provided, certain permissions or facilities cannot be used.
12. No automated decisions, including through profiling, are taken based on any personal data.
13. Once the processing of personal data for the original purpose has been completed, the data will not be processed for any other purpose.
14.  The personal data is processed in accordance with the Privacy Policy, which constitutes an integral part of these Terms of Use.

§11 Final provisions

1. These Terms of Use are made available free of charge in electronic form on the Website, and can be downloaded, recovered and recorded. The purpose of the translations of these Terms of Use, available on other language versions of the Website, is to explain the terms of use of the Website to those Users who do not speak Polish, but are interested in using the Website in the given language version.
2. The Service Provider reserves the right to amend the provisions of these Terms of Use, if the necessity to introduce changes results directly from the amendments to the applicable legal regulations, as well as for the purpose of improving the quality of the Services. Customers will be informed of any changes to these Terms of Use in the form of a notice posted on the Website. Any amendments to these Terms of Use become effective 14 days following the date of publication in the manner described in the preceding sentence.
3. If the Customer chooses not to accept the changes to the Terms of Use, he or she is entitled to terminate the Agreement for the provision of services by electronic means by personally deleting their Account.
4. As a first resort, the parties shall seek an amicable resolution of all disputes arising from the implementation of these Terms of Use. If an amicable resolution cannot be achieved, the dispute shall be referred to the responsible Polish common court for resolution, in accordance with the provisions of the Act of 17 November 1964 – the Code of Civil Procedure (Dz. U. of 1964, No. 43 Item 296, as amended).
5. To all matters not settled herein, the appropriate provisions of the Polish the law shall apply, in particular the provisions of the Civil Code.
6. All correspondence addressed to the Service Provider should be sent to the following address: ul. Objazdowa 1-3, 41-922 Radzionków, or via the contact form available on the Website.