PL
EN
Menu
regulamin

Terms and conditions of providing advertising services on Luksus Portal

I. DEFINITIONS

  1. Luksus Portal – a web portal which provides advertising space and places advertisements on the following websites: www.luksusportal.pl, www.luxusportal.pl.
  2. Terms and conditions – the present terms and conditions.
  3. Price list – a document which determines the prices of advertising services on Luksus Portal.
  4. Advertisement – a text and graphic presentation of an Advertiser and the products or services he/she offers.
  5. Advertising Services on Luksus Portal – promotional and marketing services carried out by the administrator of Luksus Portal on the website LuksusPortal.pl in accordance with the Terms and Conditions.
  6. Form of Advertisement - the form of presenting advertisements on Luksus Portal.
  7. Broadcasting – the act of displaying advertisements on Luksus Portal within specific period of time and in the form approved by the Advertiser.
  8. Contract – a contract for providing Advertising Services on Luksus Portal.
  9. Advertiser – a natural person, a legal person or an entity without legal personality who orders promotional and marketing services on Luksus Portal from the Portal's owner.
  10. Advertising Order – a written document submitted by the Advertiser to the Portal's Owner which specifies the terms and conditions of the Contract between them. When the Portal's Owner confirms receiving the Advertising Order, that means the contract has been concluded in the meaning of Article 66 of Civil Code.
  11. Modification of Advertising Order – a change of the previously agreed date or place of broadcasting the Advertisement which does not result in reducing the value of the Advertising Order, nor does it result in changing the length of the Advertisement's broadcasting time.
  12. Change of Advertising Order – a change of the order which goes beyond the definition of the Modification of Advertising Order.
  13. User – any person who uses Luksus Portal.

II. GENERAL PROVISIONS

  1. The Terms and Conditions determine how Users and Advertisers may use Luksus Portal.
  2. Browsing the portal does not require any fees or registration.
  3. Portal’s Owner takes Advertising Orders in accordance with the Terms and Conditions and based on advertising order form. The order should be placed in writing. Advertising Order should contain the following information: the number of presentations, length of Broadcasting and the date of planned publication on Luksus Portal.
  4. Advertising Order shall be signed by Owner’s authorized representative.
  5. When the Advertiser is an Economic Entity, the Advertising Order should include personal data of the person who runs the business or partners of civil company.
  6. The Advertising Order may be placed via e-mail.
  7. Placing an Order means that the Advertiser holds the copyright for the information, data and trademarks which are used in the Advertisement. The Advertiser declares that they are not against the law.

III. CONCLUSION OF CONTRACT

  1. The Portal’s Owner reserves the right to be delivered Advertising Order to the office of Portal’s Owner not less than 5 working days before the fixed starting date of Broadcasting.
  2. Failure to meet the deadline specified in sec. 1 results in postponing the date of Broadcasting as many days as the Advertiser was late to place the Advertising Order.
  3. Upon confirming by the Portal’s Owner that he received the Advertising Order, that constitutes an offer in the meaning of Article 66 of Civil Code.

IV. MODIFICATION OF ORDER AND CANCELLATION OF ORDER

  1. The Portal’s Owner guarantees the possibility to Modify the Advertising Order under the conditions specified in the Terms and Conditions.
  2. All the actions which go beyond Modification are equivalent to the Change of Advertising Order by the Advertiser.
  3. The Portal’s Owner reserves the right to accept information about Modification of Advertising Order up to 7 calendar days before the fixed date of Broadcasting. When Modification of Advertising Order is not possible the Advertiser may withdraw from the agreement or resign from the above mentioned Modification. Withdrawing from the agreement in less than 7 calendar days before the fixed date of Broadcasting results in paying a contractual fine at 80% of the Advertising Order’s worth.
  4. The Advertiser has the right to cancel the Advertising Order.
  5. Cancellation of the Advertising Order within 14 calendar days before the planned date of broadcasting does not result in obligations of the parties, except when the Portal’s Owner has already carried out some work to create the Advertisement for the Advertiser.
  6. The Advertiser is obliged to return the cost of work which has been done. The cost of the work done shall be estimated individually for each order.
  7. Cancellation of the Advertising Order in less than 14 calendar days results in paying a contractual fine at 80% of the Advertising Order’s worth by the Advertiser.
  8. When only part of the order is cancelled, contractual fines are calculated in proportion to the cancelled part of the Order.

V. CONDITIONS OF BROADCASTING

  1. The Portal’s Owner has the right to refuse to carry out the Order in the following cases:
    • the Advertiser places the Order in less than 7 calendar days before the planned date of Broadcasting.
    • the Advertiser offers products or services which are against the law of the Republic of Poland or there is a suspicion that the content is at variance with its actual state as well as the law in effect in the Republic of Poland.
    • products and services offered by the Advertiser do not fit the subject matter of the offers presented on Luksus Portal.
    • materials provided by the Advertiser are incomplete.
    • the Advertiser is behind with payments for other services to the Portal’s Owner.
  2. The Advertiser is responsible for the compliance of the advertising materials with the law of the Republic of Poland, particularly with the rules concerning advertising in audiovisual media.
  3. The Portal’s Owner is not responsible for the content of Advertisements placed on the website.
  4. Advertisements made for the Advertiser are his property unless the contract provides otherwise.
  5. The Advertiser has the right to create an advertisement on his/her own. However, they must meet the technical and quality requirements set by the Portal’s Owner.
  6. While providing the Portal’s Owner with materials to create the Advertisement, the Advertiser declares that he/she is authorized to use those materials.
  7. The Portal’s Owner is not responsible for the content of the Advertisements, nor is he responsible for the Advertiser’s offer.
  8. A need to repair any possible damage resulting from the content or the form of the Advertisement (including to cover the cost of lawsuit or other justified expenses caused by claims of third parties) lies with the Advertiser.
  9. The Portal’s Owner does not participate in disputes between Users and Advertisers.
  10. Advertisements placed by Luksus Portal do not constitute a trading offer within the meaning of commercial law.

VI. COMPLAINTS

  1. The Advertiser has the right to make a complaint.
  2. In case the Advertiser’s presentation has not been broadcast because of the fault of Portal’s Owner, the Portal’s Owner shall broadcast the advertising material again after fixing a date convenient for the Advertiser.
  3. The Advertisement shall not be broadcast again if the Advertiser:
  4. fails to inform the Portal’s Owner about the defects within 14 calendar days or
  5. is behind with the payments for advertising services to the Portal’s Owner.
  6. The Portal’s Owner reserves the right to take position on the complaint within 14 calendar days.

VII. PAYMENTS

  1. The Portal’s Owner reserves the right to change the Price List with no obligation to inform the Advertisers about this fact.
  2. The Advertiser is bound by the Price List which was valid on the day of accepting the Order by the Portal’s Owner.
  3. In case of orders of untypical nature, the valuation of the order will be established individually in a direct contact with a representative of the Portal’s Owner.
  4. The invoice for the service will be issued by the Portal’s Owner within 7 days after the fixed date of Broadcasting.
  5. In case the payment is not settled on time, the Portal’s Owner reserves the right to suspend the Broadcasting of the Advertiser’s Advertisement. Despite suspending the Broadcasting of the Advertiser’s Advertisement, the Advertiser will be obliged to pay contractual fine to the Portal’s Owner at amount equal to the Order’s worth.
  6. All advertising brokers acting on behalf of and for their clients are responsible to settle the payments to the Portal’s Owner the same as all the Advertisers.

VIII. COPYRIGHT

  1. The Portal’s Owner is the author of Luksus Portal, its content and graphics. The Portal’s content is subject to legal protection. All graphics and elements on the website are belong to Portal’s Owner or have been used upon the consent of authorized persons.
  2. Any copying or distribution of any content of Luksus Portal is prohibited unless the Portal’s Owner has given a written consent.
  3. All the content of Luksus Portal – proper names, logos and trademarks are Portal’s Owner’s sole property and are subject to legal protection.
  4. Only the Portal’s Owner is entitled to all financial copyrights to technical solutions, portal’s graphics as well as other elements.

IX. FORCE MAJEURE

  1. The Portal’s Owner is not liable for non-performance or misperformance of this agreement due to circumstances of Force Majeure. This point shall apply in particular to the following situations: an outbreak of war or a threat of the outbreak of war, strikes, floods, fires, Internet failure, a failure in the power supply, computer crashes or other manifestations of Force Majeure
  2. In case of Force Majeure, both parties fix a convenient date of broadcasting the Advertisement.

X. FINAL PROVISIONS

  1. Every User and Advertiser using Luksus Portal declares that he/she has become acquainted with the Terms and Conditions and fully accepts them.
  2. Complaints resulting from ignorance of these Terms and Conditions shall be deemed to be unfounded.
  3. The Portal’s Owner reserves the right to change the Terms and Conditions as needed.
  4. Changes to the Terms and Conditions will be made available on Luksus Portal and in the office of Portal’s Owner during the working hours.
  5. In matters not regulated by these Terms and Conditions, provisions of the Civil Code as well as the Polish Act on Providing Services by Electronic Means shall apply.
  6. Any disputes arising from the application of these Terms and Conditions shall be settled by Common Court of law with jurisdiction over the seat of the Portal’s Owner.
  7. The Advertiser is bound by the Terms and Conditions which were valid on the day of accepting the Advertising Order by the Portal’s Owner.
  8. These Terms and Conditions come into effect on 15.03.2013.