Terms & Conditions Portal Poland

§ 1 GENERAL PRINCIPLES

1. These Rules and Regulations (hereinafter: “Rules and Regulations”) set out the terms and conditions for the performance and use of the service provided electronically by Gerlach spółka z ograniczoną odpowiedzialnością (a limited liability company), with its registered office in Dąbrowa, entered in the register of entrepreneurs kept by the District Court in Poznań, Commercial Division of the National Court Register under KRS number 0000112406, NIP: 779-00-02-272, share capital: PLN 960,000 (hereinafter: “GERLACH” or the “Service Provider“), via the website available at app.gerlach-customs.com/    (“Website“).
2. The Website is an ICT platform for placing orders for Gerlach customs services available on the Website (hereinafter: “Services“). In particular, the Website allows to get acquainted with the catalogue of Services offered by GERLACH and to prepare documents necessary to conclude or perform a contract for the provision of customs services under the terms and conditions specified in the “Terms andConditions of Gerlach Sp. z o.o. customs services in the export procedure” and the price lists for the provision of Services by GERLACH, constituting an annex to the aforementioned terms and conditions (hereinafter: “GERLACH Terms and Price Lists“) or a framework agreement concluded directly with the user. 
3. Entrepreneurs are entitled to use the Website on the basis of these Rules and Regulations.
4. Persons using the Website are hereinafter collectively referred to as “Users“.
5. Before using the Services available on the Website, the User is obliged to read these Rules and Regulations and the Gerlach Terms and Price Lists. Each User must confirm that he/she has read the Rules and Regulations by ticking the appropriate box on the Website. Starting to use the Website is tantamount to the User’s full acceptance of the Rules and Regulations.
6. Each User is obliged to comply with the provisions of the Rules and Regulations from the moment he/she starts using the Website.
7. The current Rules and Regulations are available free of charge on the website app.gerlach-customs.com/, which makes it possible to obtain, reproduce and record the contents of the Rules and Regulations by means of the ICT system used by the User.
8. GERLACH reserves the right to unilaterally amend these Rules and Regulations. GERLACH will inform of the above changes in good time on the website: app.gerlach-customs.com/  Unless otherwise specified in the information notice, the amendments to the Regulations shall become effective seven 7 days after the amended Regulations are posted on the Website. The changes made in accordance with this section shall not affect the essential features of the Website. However, GERLACH may, with an appropriate notice of no more than 1 month, discontinue the provision of the Services through the Website, in part or in whole. Gerlach will inform the Users of the discontinuation of the Services via the Website or by e-mail.

§ 2 CONDITIONS FOR THE PROVISION OF SERVICES

1. For the proper functioning of the Website, it is required to use a device having access to the Internet with an installed web browser capable of handling cookies and JavaScript. GERLACH recommends using the latest, developed and supported versions of web browsers based on the Blink or Gecko engine, e.g. Google Chrome, Mozilla Firefox. If the User uses browser versions other than the latest ones available, GERLACH cannot guarantee that the Website will function properly (this applies in particular to browsers with versions lower than the 3 latest versions of the browser in question). Additionally, extensions that may negatively affect the operation of the Website cannot be installed in browsers.
2. The Service Provider shall not be liable for problems resulting from the use of software or hardware which does not meet the requirements described in the above paragraph, in particular for the malfunctioning of the Website caused by this.
3. In order to use the Website, including registration on the Website, an active electronic mail (e-mail) account is required.
4. When using the Website, Users are prohibited from providing illegal content that violates the law, decency, principles of social coexistence or violates the legitimate interests of the Service Provider. If the User fails to comply with the above, the Service Provider reserves the right to withdraw from the provision of Services, including blocking access to the Website.
5. Furthermore, the User shall refrain from any activity that could adversely affect the proper functioning of the Website, including, in particular, any interference with the contents of the Website or its technical elements, as well as from introducing or transmitting through the Website any information containing viruses, Trojan horses, dangerous scripts or other computer programmes which are intended to damage, interfere with, intercept or expropriate any information or violate the law. It is prohibited to use the Website for purposes contrary to its intended purpose.
6. GERLACH will make every effort to ensure that the Website operates continuously, i.e. is available 24 hours a day, 7 days a week.
7. The Service Provider stipulates that interruptions in the operation of the Website may occur in order to update, improve the Website, fix errors and failures, perform other maintenance work or due to bandwidth limitations, security or integrity of the servers. The Service Provider will inform on the Website about failures and planned interruptions in the functioning of the Website. The Service Provider shall not be liable for any damages resulting from the temporary unavailability of the Website
8. Gerlach shall not be liable for any malfunction or unavailability of the Website.

§ 3 REGISTRATION ON THE WEBSITE

1. Use of the Website requires user registration on the Website and the creation of a user account.
2. In order to register, the User must complete the registration form provided by Gerlach and send it to Gerlach via the Website.
3. The user is obliged to provide complete data in the registration form and to notify Gerlach immediately in writing of any changes to the data provided, via e-mail to: [email protected].
4. By submitting a registration form, the User is requesting the creation of a user account on the Website. Gerlach acknowledges receipt of the form by sending an e-mail confirmation, which is only information for the User and does not constitute confirmation of the creation of a user account.  Gerlach reserves the right to carry out a comprehensive check of the User, in particular of his/her creditworthiness and entrepreneurial status. Gerlach is entitled to accept or reject the User’s application at any time at its sole discretion. If Gerlach has positively verified the User, Gerlach shall send the User a confirmation of the activation of the User account and the Website may be used  immediately.
5. Upon successful account activation, the User shall establish a secure password. The User undertakes to keep his/her password and any other access data related to the use of the Website confidential and to carefully secure access to his/her account. The User shall immediately inform Gerlach if he/she suspects that his/her account has been used by a third party.
6. The User is responsible for the use of his/her account, regardless of whether it has been authorized by him or not.
7. The account may not be transferred or made available to a third party without Gerlach’s express consent.

§ 4 SCOPE AND PRINCIPLES OF SERVICE PROVISION

1. Gerlach provides the User with functions and tools on the Website for ordering Services and for handling communications concerning the Services offered on the Website.
2. For the purposes of the aforementioned communication and the performance of the Services, the User is obliged to use only the functions and tools provided by the Website, unless another form of communication is expressly indicated herein or is technically impossible (e.g. if original documents are required).
3. When using the Website, the User has the option to:

1. get acquainted with the catalogue of Services provided by GERLACH available on the Website;
2. select Services from those currently available;
3. submit orders, complaints or interventions relating to the provision of the Service;
4. provide documents necessary for the commissioning of the Service;
5. check the status of the ongoing Service;
6. download invoices and check information on the invoice payment deadline;
7. download proof of export

1. For the purposes of using the Website, the User is obliged to indicate an existing e-mail address, i.e. the one at which he/she receives correspondence.
2. If an incorrect e-mail address is provided, any statements and information sent by the Service Provider to the User to the e-mail address provided by the User shall be deemed to have been correctly delivered. The Service Provider reserves the right to withdraw from the provision of the Services if the User provides an incorrect e-mail address.
3. The Service Provider reserves the right to send technical, legal and transactional messages related to the functioning of the Website and the provision of Services, as well as in connection with the Services ordered by the User, to the User’s e-mail address.
4. The User is responsible for the correctness of the data required in the form.
5. The User has the option to create an address book, which will be available in his/her account on the Website.

§ 5 CONCLUSION OF A CONTRACT FOR THE PROVISION OF A SERVICE (ORDER)

1. The User may post enquiries on the Website about the possibility of providing the Service. After reviewing the enquiry and the information entered by the User in this context, Gerlach will, at its sole discretion, provide the User with an offer for the provision of the Service, unless there are legal or operational reasons not to provide an offer.
2. Gerlach’s offer is binding, subject to the reservations made by Gerlach and the correctness and completeness of the information entered, and may be accepted by the User within the acceptance period displayed on the Website for the respective enquiry.
3. The contract for the Service is concluded as soon as the User accepts the offer (in each case via the Website or electronic communication).
4. The use of the Website must be reasonable. Gerlach may terminate the contract for the use of the Website or block the User’s access to the Website if the User does not place an order for the Services, despite repeated requests for quotations.
5. Gerlach reserves the right to refuse an offer in justified cases.
6. The User places an individual Service Order with Gerlach by accepting a quote exclusively via the functions provided on the Website.
7. The User is obliged to provide accurate and complete information about the goods to be cleared, the place of collection and the place of delivery, including all data necessary for customs clearance.
8. The User is obliged to immediately check all information provided by Gerlach in the customs declaration upon receipt and, in the event of irregularities, to raise objections with Gerlach.
9. The User must comply with the provisions of the applicable data protection law when providing the aforementioned information. In particular, the User is obliged to obtain the legally required consent for the use of the recipient’s data on the Website. By providing the recipient’s data, the User guarantees to comply with the provisions of the applicable data protection law.
10. In the event of cancellation/termination of the ordered Service by the User, Gerlach is entitled to charge cancellation fees up to the amount of the customs clearance costs

§ 5 PAYMENT ARRANGEMENTS

1. The use of the Website is free of charge.
2. The price for Services ordered via the Website is the price accepted by the User (via the Website or other electronic communication).
3. Additional fees from the authorities or other fees (e.g. inspection costs, veterinary costs, cancellation costs) may apply.
4. The User is obliged to pay the agreed price for the services in accordance with the payment term granted, by transfer to the account indicated on the invoice.
5. If the User fails to make payment for the Service provided by Gerlach within the agreed payment period, Gerlach may terminate the contract for the use of the Website or block the User’s access to the Website.
6. If, according to the agreed payment terms, the User is obliged to make a payment that requires him/her to pay in advance, but fails to do so, Gerlach is entitled to treat the orders concerned as cancelled and charge fees up to the amount of the customs clearance costs (depending on the processing status).
7. All invoices will be subject to VAT, if applicable.
8. The deduction or retention of amounts claimed by the User from Gerlach is not permitted.

§ 6 DEALING WITH TECHNICAL DEFECTS IN THE WEBSITE

1. Notifications of technical irregularities concerning the functioning of the Website should be addressed to GERLACH at the e-mail address: c[email protected]
2. The notification referred to in section 1 above should contain at least: the User’s data, including his/her name and surname and e-mail address, as well as a description of the problem in the operation of the Website together with the date of its occurrence.
3. GERLACH, upon receipt of the notification referred to in section 2, will take the necessary steps to investigate it and, in the event that the notification is valid, to rectify the irregularity.

§ 7 PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY

1. The controller of the personal data processed in connection with the use of the Website is GERLACH. Detailed rules for the processing of personal data are set out in the Information on the Processing of Personal Data available at: app.gerlach-customs.com/polityka-prywatnosci/
2. The parties undertake to keep strictly confidential all trade secrets and other commercial or technical information or know-how of the other party which they receive through the use of the Website.
3. Given that the User has begun to use the Website, in the use of which he/she may create a database of contacts containing personal data, the controller of which, within the meaning of the provisions of the GDPR, is the User or the organisation he/she represents for the purposes of using the Services (hereinafter: “Controller“), the User, by accepting the terms and conditions of the Regulations, concludes an agreement with GERLACH for the entrustment of the processing of personal data (hereinafter: “Agreement“) in order to regulate the principles of entrusting such personal data to GERLACH for processing.
4. The Controller declares that, within the meaning of the GDPR, it is the controller of the personal data to which GERLACH may have access when using the Website. These data are the contact details of the Controller’s contractors and include name and surname, name of the entity, address, telephone, e-mail address, (hereinafter referred to as “Data“).
5. GERLACH is obliged and entitled to process the Data for the sole purpose of maintaining the contact database on the Website.
6. GERLACH, when carrying out activities involving the processing of Data, is obliged to:

1. comply with the provisions of the GDPR and national regulations on the processing of personal data;
2. keep the Data confidential;
3. carry out any processing of the Data with due diligence, in accordance with standards and procedures and only using tools designed to ensure the operation of the Website;
4. implement, as far as possible, appropriate technical and organisational measures on their own to ensure the security of the Data;
5. not to carry out any activities in relation to the Data that would constitute a transfer of such Data outside the European Economic Area;
6. not to employ – in terms of maintaining the database of contacts in the Website – subcontractors other than 3E Kolczyński, Liżewski, Gędziorowski, Rostocki Sp. j., which deals with maintenance and development of the Website on behalf of GERLACH, about whom the Controller was not previously notified and against whom he had no opportunity to object;
7. taking into account the nature of the processing, assist the Controller, as far as possible, through appropriate technical and organisational measures, in complying with the obligation to respond to the data subject’s requests in exercising his/her rights set out in Chapter III of the GDPR;
8. immediately inform the Controller of any breach of data protection and provide the Controller with all the necessary information available to GERLACH and necessary to assess the nature, extent and consequences of the breach;
9. taking into account the nature of the processing and the information available to him/her, assist the Controller in complying with the obligations set out in Articles 32 to 36 of the GDPR;
10. make available to the Controller all information necessary for the Controller to demonstrate compliance with the obligations set out in the GDPR regarding the entrustment of data processing.

1. 1. comply with the provisions of the GDPR and national regulations on the processing of personal data;keep the Data confidential;carry out any processing of the Data with due diligence, in accordance with standards and procedures and only using tools designed to ensure the operation of the Website;implement, as far as possible, appropriate technical and organisational measures on their own to ensure the security of the Data;not to carry out any activities in relation to the Data that would constitute a transfer of such Data outside the European Economic Area;not to employ – in terms of maintaining the database of contacts in the Website – subcontractors other than 3E Kolczyński, Liżewski, Gędziorowski, Rostocki Sp. j., which deals with maintenance and development of the Website on behalf of GERLACH, about whom the Controller was not previously notified and against whom he had no opportunity to object;taking into account the nature of the processing, assist the Controller, as far as possible, through appropriate technical and organisational measures, in complying with the obligation to respond to the data subject’s requests in exercising his/her rights set out in Chapter III of the GDPR;immediately inform the Controller of any breach of data protection and provide the Controller with all the necessary information available to GERLACH and necessary to assess the nature, extent and consequences of the breach;taking into account the nature of the processing and the information available to him/her, assist the Controller in complying with the obligations set out in Articles 32 to 36 of the GDPR;
   1. make available to the Controller all information necessary for the Controller to demonstrate compliance with the obligations set out in the GDPR regarding the entrustment of data processing.
2. GERLACH shall allow the Controller to carry out an inspection aimed at verifying that GERLACH complies with the obligations set out in section 5 above. The form, scope, date and duration of the inspection shall be agreed between the Parties. The Controller accepts the fact that GERLACH may not agree to carry out the inspection or to carry it out in a specific form, scope or term, if the cooperation between GERLACH and the Controller is small or occasional, the scope of personal data processed by GERLACH on behalf of the Controller is insignificant, or if carrying out the inspection is not justified by the data protection incident or other non-performance or improper performance of the Services by GERLACH. All costs of carrying out the inspection shall be borne by the Controller.
3. All activities and actions of GERLACH related to the due fulfilment of the obligations resulting from ensuring the operation of the contact base are performed without additional remuneration.
4. The agreement is concluded for the duration of the Controller’s use of the Website.

§ 8 TERM OF THE CONTRACT FOR THE USE OF THE WEBSITE

1. The term of the Contract for the use of the Website shall commence on the date of confirmation of the activation of the user account by Gerlach and shall be indefinite (“Contract Term”).
2. The parties may terminate the aforementioned contract via the Website at any time by giving the other party one week’s written notice. The termination will not affect any Service order entered into before the date of termination. The User will retain access to his/her account for up to four weeks after the termination becomes effective.
3. Gerlach is entitled to terminate the Contract for the use of the Website for important reasons, in particular if:

1. the User is in breach of his/her obligations;
2. the User is in liquidation or bankruptcy proceedings have been commenced against the User’s assets, or if the User sells all or part of its assets, its business or its operations outside the normal business process; or
3. the User has provided inaccurate information about his or her financial situation, this information being of particular relevance to Gerlach’s decision to conclude the Contract for the use of the Website; or
4. the financial situation of the User has deteriorated significantly, making it impossible to pay its debts or to fulfil other obligations towards Gerlach; or
5. legislation or decisions of the customs administration make it impossible for the User to continue using the Website.

§ 9 FINAL PROVISIONS

1. The catalogue of Services available on the Website shall be binding until their provision is suspended or discontinued or the rules for their provision are changed by GERLACH. The existing rules shall apply to contracts concluded before the suspension, discontinuation or changes.
2. All rights to the Website, including the software, graphic and text elements of the websites and the layout of these websites, as well as other elements related to the Website, belong to GERLACH or its affiliates, unless expressly stated otherwise. The Website is protected by copyright. The user may use these works only within the scope of permitted use designated by copyright law. It is prohibited to undertake actions that may infringe the intellectual property rights of GERLACH or other authorised entities indicated in the preceding sentence, and in particular (apart from cases specified in copyright law) it is unacceptable to reproduce, copy, transfer, distribute, record, store, publicly reproduce, lease, lend or modify in any manner the elements specified in this paragraph, without prior written consent of GERLACH.
3. All questions, opinions and statements to the Service Provider may be sent by the User to the e-mail address [email protected]..
4. Any litigation between GERLACH and the User shall be settled by the court having jurisdiction over the registered office of GERLACH.
5. The Regulations shall enter into force on 15.07.2024.