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General Terms of Sale of Services for Distance Contracts

Responsibilities

1. GENERAL PROVISIONS

1. These Terms form an integral part of the sales contract for translation services provided by SOWA TRANSLATIONS HOUSE Ewa Rogozińska with its registered office in ul. Budziszyńska 10, 45-320 Opole, NIP [VAT No.]: 7541023996, REGON [National Official Business Register No.]: 531046502, and sets out the terms and conditions for providing the above-mentioned services.

2. The sales transaction shall take place between the party placing an order through the platform available at www.e-sowa.eu, hereinafter referred to as the BUYER, and SOWA TRANSLATIONS HOUSE, hereinafter referred to as the SELLER.

3. THE BUYER may be any natural person, legal person or a business unit not having legal personality, registered at www.e-sowa.eu.

4. Each BUYER purchasing services offered by SOWA TRANSLATIONS HOUSE shall be required to become familiar with these Terms.

2. SUBJECT OF SALE

1. The subject of the sale shall be translations (both non-certified and certified by a sworn translator) offered in line with the business activity of the SELLER via the e-sowa.eu electronic platform.

2. THE SELLER shall be required to perform the service as free from defects within the meaning of article 556 and 5561–5563 of the Act of 23 April 1964 – Polish Civil Code (consolidated text, Dz. U. [Journal of Laws] of 1964 No. 16, item 93, as amended).

3. If the service is provided to a consumer within the meaning of article 221 of the Act of 23 April 1964 – Polish Civil Code (consolidated text, Dz. U. of 1964 No. 16, item 93, as amended), upon performance of the service (fulfilment of the obligation) by SOWA TRANSLATIONS HOUSE, the BUYER shall lose its right of termination pursuant to article 38(1) of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

4. The service price shall be the price specified in the quote. The quote price shall depend on the following factors: number of characters or words, level of specialisation, language pair, DTP, deadline, etc.

5. SOWA TRANSLATIONS HOUSE shall apply the following methods for calculating the translation cost per page:

1) If the translation cost is calculated based on the number of translated characters, one page of translation shall be:

a) FOR NON-CERTIFIED (ORDINARY) TRANSLATIONS

• 1600 typographic characters (with spaces) in the target text

This cost calculation method shall apply only to non-certified translations of documents that can be edited. The final translation service cost shall be calculated after the text has been translated. The total number of characters with spaces shall be summed up in Microsoft Word (using the WORD COUNT option in TOOLS) and then divided by 1600.

b) FOR TRANSLATIONS CERTIFIED BY A SWORN TRANSLATOR

• 1125 typographic characters (with spaces) in the target text
• each started document page shall be counted as a full page

The final translation service cost shall be calculated after the text has been translated. The total number of characters with spaces shall be summed up in Microsoft Word (using the WORD COUNT option in TOOLS) and then divided by 1125.

2) If the translation cost is calculated based on the number of translated characters, the actual number of pages shall be finally determined after the text has been translated. Therefore, the estimated cost may differ from the actual price, which means that the final order value may be either lower or higher.

3) If the translation cost is calculated based on the number of source words, the number of words in the source text shall be counted. The minimum number of words that shall be used for calculation purposes: 200.

6. Payment for the completed order shall be made in one of the following ways:

1) by bank transfer prior to the service completion to the SELLER’s bank account (prepayment)
2) by bank transfer after the service completion to the SELLER’s bank account
3) in cash when picking up the translation personally at the SELLER’s office

7. By accepting these Terms, the BUYER purchasing the offered services agrees to:

1) the processing of personal data of the BUYER entrusted to the SELLER in accordance with the Personal Data Protection Act of 29 August 1997 (consolidated text, Dz. U. of 1997 No. 133, item 883, as amended) – within the scope received in good faith from the BUYER who has made it available voluntarily – in order to properly complete the order, provided that the SELLER shall not be required to investigate how the BUYER came into possession of the submitted data,

2) issuing and sending electronic invoices by the SELLER in accordance with the provisions of the Value Added Tax Act of 11 March 2004 (consolidated text, Dz. U. of 2004 No. 54, item 535, as amended), it being understood that if the BUYER agrees to receive electronic invoices, it shall cease to receive paper invoices; however, the BUYER’s consent shall not preclude SOWA TRANSLATIONS HOUSE from issuing and sending paper invoices.

8. THE SELLER shall issue and send electronic invoices ensuring their authenticity and integrity.

9. THE SELLER shall not be held responsible for incorrect data of the BUYER, specified at the moment of registration as correct.

10. Each electronic invoice shall be delivered to the BUYER via the e-sowa.eu platform or via e-mail to the address specified by the BUYER in the registration form. Any changes to the BUYER’s e-mail address shall be communicated to the SELLER in writing or by e-mail. Should the BUYER fail to inform the SELLER about a change to its e-mail address, all correspondence sent to the current e-mail address shall be deemed duly served.

11. The BUYER shall have the right to withdraw its consent to the issuance and sending of electronic invoices by sending a written statement of intent to the following address: SOWA TRANSLATIONS HOUSE, ul. Budziszyńska 10, 45-320 Opole, or by e-mail to: office@e-sowa.eu. Should the BUYER withdraw its consent, SOWA TRANSLATIONS HOUSE shall cease to issue and send electronic invoices to the BUYER, starting from the day following the day the relevant statement is served on the SELLER.

3. PLACING ORDERS

1. Translation orders may be placed via the www.e-sowa.eu platform administered by SOWA TRANSLATIONS HOUSE. To do this, the BUYER must register as a User at http://www.e-sowa.eu/rejestracja. The account shall be activated following approval by SOWA TRANSLATIONS HOUSE.

2. A registered user has the following functions available in particular:

1) placing translation orders and downloading translated documents
2) negotiating order terms, including individual discounts
3) giving opinions on the services provided by the SELLER
4) keeping detailed statistics of its activities on the Internet platform of the SELLER
5) viewing the summary of billing information and payments for the provided services

2. In order to register correctly, all fields of the registration form must be filled in with the data required to create a User account.
3. By registering a User account, the BUYER:

1) agrees to placing its contact details in SOWA TRANSLATIONS HOUSE’s database and to processing the same in accordance with the Personal Data Protection Act of 29 August 1997 (consolidated text, Dz. U. of 1997 No. 133, item 883, as amended), it being understood that such data shall be used solely for the purpose of providing services by the SELLER

2) accepts these Terms

3) may opt in to receive information about new products, services and promotions offered by SOWA TRANSLATIONS HOUSE

4. Providing personal data in the registration form is voluntary but necessary for the contract to be executed. The BUYER shall have the right to access its personal data and to correct it.

5. The User shall be notified about any changes to the Terms upon the first login following the entry of the changed Terms put into force. The User may accept the changes to the Terms by confirming/clicking the message appearing on the e-sowa.eu login page. The User’s refusal to accept the changes to the Terms shall be understood as removal of its e-sowa.eu account. Please note that the User shall have the right to have the orders placed before the change to the Terms completed under the Terms in force on the date of their placement. No changes to the Terms shall infringe the acquired rights of persons using SOWA TRANSLATIONS HOUSE e-sowa.eu platform.

6. The changes to the Terms shall come into force within a period of not less than 7 days from the moment the changed Terms are made available at www.e-sowa.eu, it being understood that the orders placed before such changes come into force shall be completed under the previous Terms.

7. Acknowledgement of the translation order (confirmation of entering into contract) shall be sent to the BUYER’s e-mail address specified by the BUYER in the registration form.

8. Should it be impossible to contact the BUYER or should the BUYER fail to make an advance payment within the prescribed period, the order shall be automatically cancelled. The information about the order cancellation shall be sent to the BUYER’s e-mail address specified by the BUYER in the registration form.

4. ORDER PROCESSING

1. Orders shall be delivered either in an electronic form or as a hard copy to the address specified by the BUYER.

2. The BUYER may also pick up a completed translation at the office of SOWA TRANSLATIONS HOUSE located in ul. Budziszyńska 10, 45-320 Opole.

3. The BUYER shall specify the method of order delivery at the time of placing the order.

4. Should the delivery of the completed translation involve additional costs (e.g. courier services), these shall be covered by the BUYER and specified in the invoice as a separate item labelled “Cost of Delivery.”

5. The order completion date shall depend on the following factors: number of characters or words, level of specialisation, language pair, DTP, etc.

6. Should the SELLER be unable to perform its obligation because of even a temporary incapability to provide the service in line with the specifications laid down by the BUYER, the SELLER may release itself from such an obligation by providing a replacement service of the same quality and intended purpose for the same price or remuneration, at the same time informing the BUYER in writing about its right to refuse to accept such a service and to withdraw from the contract. In such a case, the BUYER shall have the right to withdraw from the contract, it being understood that it may do so in the manner and under the terms specified in article 27 of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended). The return of any materials belonging to the BUYER, provided for the purpose of order completion, shall in such a case take place at the expense of the BUYER. If the BUYER is a consumer, the legal basis for charging such costs to it shall be article 34(2) of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

7. Should the BUYER decide to exercise its right to withdraw from the contract in the manner and under the terms specified in article 27 of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended) after the order has been acknowledged by SOWA TRANSLATIONS HOUSE, the BUYER shall be required to cover the expenses incurred by the SELLER and part of the remuneration corresponding to the labour input already employed by the SELLER for the purpose of completing the order. The return of any materials belonging to the BUYER, provided for the purpose of order completion, shall take place at the expense of the BUYER in accordance with article 34(2) of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

5. RIGHT OF WITHDRAWAL

1. Subject to the provisions of section 5.6 below, a BUYER who entered into a distance contract or entered into a contract outside of SOWA TRANSLATIONS HOUSE’s office, may withdraw from such a contract in writing without giving reasons within 14 days from the order date.

2. A declaration of withdrawal from the contract must be sent to SOWA TRANSLATIONS HOUSE’s address indicated in section 1 hereof. SOWA TRANSLATIONS HOUSE allows such a declaration to be made electronically by sending it via e-mail to: office@e-sowa.eu.

3. Exercising the right to withdraw from the contract shall also be possible by filling in the form which forms Appendix 2 to the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended). The relevant appendix is also available at www.e-sowa.eu.

4. The 14-day period shall be counted from the date of placing the order under which the BUYER accepted the order completion terms and provided SOWA TRANSLATIONS HOUSE with the last one of the documents necessary for correct and complete service provision.

5. Should the BUYER decide to exercise its right to withdraw from the contract entered into outside of SOWA TRANSLATIONS HOUSE’s office or at a distance under the terms specified in article 27 of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended), the BUYER shall cover the expenses incurred by the SELLER and part of the remuneration corresponding to the labour input already employed by the SELLER for the purpose of completing the order. The return of any materials belonging to the BUYER, provided for the purpose of order completion, shall take place at the expense of the BUYER in accordance with article 34(2) of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

6. If the contract was entered into outside of SOWA TRANSLATIONS HOUSE’s office or at a distance, and the service is provided to the BUYER with the status of a consumer within the meaning of article 221 of the Act of 23 April 1964 – Polish Civil Code (consolidated text, Dz. U. of 1964 No. 16, item 93, upon performance of the service (fulfilment of the obligation) by SOWA TRANSLATIONS HOUSE, the BUYER shall lose its right of termination pursuant to article 38(1) of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

7. The costs of the direct return of any materials received from the BUYER in connection with its withdrawal from the contract without giving reasons within 14 days from the order date shall be covered by the BUYER in accordance with article 34(2) of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

8. If the BUYER with the status of a consumer selected the method of delivery of the materials other than the cheapest method of delivery offered by the SELLER, SOWA TRANSLATIONS HOUSE shall not be required to reimburse such additional costs incurred by the BUYER (article 33 of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

9. The rights and obligations set out in sections 5.1–5.8 hereof shall apply only to BUYERS with the status of a consumer, placing orders for services through a contract entered into at a distance or outside of SOWA TRANSLATIONS HOUSE’s office within the meaning of article 2(1) and (2) of the Act of 30 May 2014 on Consumer Rights (Dz. U. of 2014, item 827, as amended).

6. COMPLAINTS

1. Each BUYER using the services provided by SOWA TRANSLATIONS HOUSE shall have the right to complain in writing about the quality thereof.

2. In the case of finding a defect, the SELLER must be immediately notified in person, by phone or by e-mail sent to office@e-sowa.eu.

3. When making a complaint, the BUYER shall indicate the defect and/or (as applicable) attach any documents or other evidence giving legitimacy to the complaint (including the receipt or invoice). THE BUYER may also specify the expected method of investigating the complaint.

4. In the case of a complaint that is incomplete within the meaning of the provisions of the above section, SOWA TRANSLATIONS HOUSE shall call on the BUYER to complement the complaint and shall specify a reasonable time limit for this purpose, not shorter than 3 days.

5. A complaint made by the BUYER shall be immediately investigated, with due observance of the time limit allowing its diligent investigation, of which SOWA TRANSLATIONS HOUSE shall inform the BUYER.

6. Once the investigation has been completed, the BUYER shall receive a written response from SOWA TRANSLATIONS HOUSE, containing the information about the outcome.

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