Terms & Conditions


 

PART 1
GENERAL

  • 1. These Website Terms and Conditions of Use (the "Terms of Use") set out the terms and conditions on which MAEM Sp. z o.o. makes available free of charge the website www.maem.com (the "Website").
  • 2. The Website owner and administrator is MAEM Sp. z o.o. with the registered office at ul. Bociana 22 A, 31-231 Kraków, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście, 11th Business Division of the National Court Register, under KRS No. 0000248260, Tax Identification Number (NIP): 9452048731.
  • 3. The Terms of Use are available free of charge at www.maem.com in a form allowing a natural person using the Website (the "User") to copy, store and reproduce them for free.
  • 4. Use of the Website by the User is governed by the terms and conditions set out herein.
  • 5. The User shall read the Terms of Use and agree to them. By using the Website the User agrees to comply with and be bound by the Terms of Use.
  • 6. To use the Website, a device with internet access and a web browser to view sites is required.
  • 7. The Website is not an online shop and no sales contract can be made via the Website. To make purchases or to obtain further information, the User may contact MAEM on contac us page.
  • 8. The information contained in this Website is for general information purposes only and does not constitute an offer within the meaning of Article 66 et seq. of the [Polish] Civil Code.
  • 9. The User shall not use the Website in an unlawful way, contrary to public decency standards, infringing personal rights of third parties or reasonable interests of MAEM.

PART 2
COOKIES

  • 1. The Website places data files, in particular text files ("Cookies") on the User devices, where they are saved, stored and used to browse the pages.
  • 2. When visiting the Website, the User may or may not consent to the use of Cookies by choosing the appropriate option in the web browser window.
  • 3. Controlling of Cookies may affect some functionalities of the Website.
  • 4. The Website uses Google Analytics and Google AdWords Cookies.
  • 5. These Cookies are used to:
    a) analyse the Website traffic;
    b) optimise the appearance, content and the way the Website works;
    c) measure marketing campaigns effectiveness;
    d) provide personalised advertisements.
  • 6. The Website uses two different types of Cookies:
    a) session cookies which are stored in temporary memory until the User exits the Website or closes the web browser;
    b) permanent cookies which are stored until they expire or are deleted from the web browser.
  • 7. Remarketing is used in online advertisements to reach the persons who have visited www.maem.com site at least once and have not taken a specific action, e.g. have not signed up to the newsletter. This is done to increase the Website traffic, encourage the User to sign up to MAEM newsletter, remind the User of the existence of MAEM Website and offer. Third-party providers, including Google, use Cookies to show advertisements based on the User's previous Website visits. Cookies used for advertising enable Google and its partners to show specific advertisements to the User based on their visits to the Website.
  • 8. The User may opt out of seeing personalised advertisements in Ads Settings, visiting www.aboutads.info.
  • 9. Information on the Website usage obtained with the use of Cookies will be sent to and stored on Google servers in the United States.
  • 10. The legal basis for the service: Article 6 paragraph 1 point (f) of the General Data Protection Regulation of 27 April 2016 ("GDPR") - in the legitimate interest, targeting advertisements to the website visitors by showing them personalised advertisements when they visit other Google Display Network websites.

 

PART 3
USER'S PERSONAL DATA PROTECTION

  • 1. Information contained in Cookies is collected via the Website only to the extent necessary for the Website management, traffic analysis, optimisation of its appearance, content and the way it works. As a rule, Cookies do not contain any information allowing the User direct identification. However, in some cases, certain information may be considered as personal data, depending on their content and usage. The data processing rules laid down in this clause shall apply to the information that may be of personal data nature.
  • 2. The controller of the Website User's personal data obtained from Cookies is MAEM sp. z o.o. with the registered office at ul. Bociana 22, 31-231 Kraków, info@maem.com.
  • 3. Personal data shall be processed by the controller to enable the User to use the Website. The legal basis for collecting the User's personal data from Cookies is Article 6 paragraph 1 point (f) of Regulation (EU) 2016/679 (General Data Protection Regulation, OJ L 119, 4.5.2016, p. 1-88) - the legitimate interest pursued by the controller. This legitimate interest is carrying out statistical analyses concerning the Users for the controller's needs as well as the Website optimisation and improvements.
  • 4. The User may obtain access to the data collected via analysis of Cookies content, as they are stored on the computer hard disc and then used by the Website, and may have such data erased at any time.
  • 5. The User's personal data shall be retained for the period of time not longer than necessary to use the Website and thereafter they may be retained for purposes and for the period of time required by law or in order to secure any possible claims.
  • 6. The User being the data subject shall have the right to have the data erased, to make an objection to their processing and to lodge a complaint with the regulatory body.

PART 3a
NEWSLETTER – OBLIGATION TO INFORM

Pursuant to Article 13 of the General Data Protection Regulation of 27 April 2016 (OJ L 119, 4.5 2016), please be informed that:

  • 1. controller of personal data is MAEM Sp. z o.o., ul. Bociana 22, 31-231 Kraków;
  • 2. in all matters relating to data processing and protection the User may contact the designated data protection officer: Julia Szablowska at iodo@maem.com;
  • 3. personal data will be processed based on:
    - Article 6 paragraph 1 point (a) of the General Data Protection Regulation of 27 April 2016 ("GDPR"), for the purpose of sending information on new products and services as well as promotions to the above email address (based on the User's consent);
  • 4. recipients of personal data will only be:
    - entities authorised to obtain personal data by law,
    - entities cooperating with and providing services to MAEM Sp. z o.o., ul. Bociana 22, 31-231 Kraków;
  • 5. data will be retained:
    - for the duration of newsletter subscription and for the time in which the controller is pursuing its marketing policy or until consent is withdrawn;
  • 6. User shall have the right to:
    - access the personal data and receive their copies,
    - correct the personal data,
    - withdraw its consent at any time, with the lawfulness of processing based on consent before its withdrawal not being affected,
    - have the personal data erased,
    - limit the personal data processing,
    - have the personal data transferred,
    - lodge a complaint with the President of the Personal Data Protection Office in Poland;
  • 7. provision of data is fully voluntary, however, if the User does not agree to it, MAEM will not be able to send any information to it;
  • 8. controller does not envisage creating user profiles.

PART 4
LIMITATION OF LIABILITY

  • 1. Unless otherwise provided by applicable law and notwithstanding any other provisions hereof, in no event will MAEM be liable for any loss or damage, including indirect or consequential loss or damage, loss of profits, arising out of the use of the Website by the User. In particular, MAEM shall not be liable for:
    a) any decisions or actions taken by the User based on the information contained in the Website or in these Terms of Use;
    b) financial or any other investments, legal or actual operations, acts or omissions performed by the User in reliance on the Website;
    c) incorrect functioning of the Website;
    d) the Website being temporarily unavailable;
    e) any acts or omissions by third parties for which MAEM bears no responsibility;
    f) Force Majeure events;
    g) any events blamed on the User;
    h) any changes in regulations during the use of the Website by the User affecting the use thereof. In the event of changes in regulations, MAEM shall amend the Terms of Use accordingly.
  • 2. The User shall be solely responsible for any breach of provisions of the Terms of Use and the consequences thereof.


PART 5
DISCLAIMER

  • 1. MAEM supplies fully interchangeable, non-original spare parts (alternatives, substitutes) for marine equipment manufactured by Allweiler, Aquafine, Alfa Laval, Colfax IMO, Desmi, Jowa, Kral, Moatti, Nirex, Westfalia (the "Spare Parts). MAEM has no association whatsoever with the above-mentioned manufacturers and is not their distributor. The Spare Parts are manufactured by MAEM based on its own technological documentation developed with the use of reverse engineering.
  • 2. MAEM offers to the User the Spare Parts only for the purpose of the repair of a ship so as to restore its original appearance (the "repair clause").
  • 3. MAEM shall not be liable to the User in the event of exclusion of the repair clause under local regulations or when the Spare Parts are sold outside the EU to the countries where the repair clause is not recognised within the meaning of Article 110 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1-24).


PART 6
COPYRIGHT

  • 1. The content of this Website is protected by copyright and owned by MAEM or other rightholders (e.g. business partners).
  • 2. The User shall have the right to use any Website content only for fair use purpose. Any other use of content shall only be allowed with MAEM's express consent.


PART 7
FINAL PROVISIONS

  • 1. Any matters not regulated hereunder shall be governed by the laws of the Republic of Poland.
  • 2. The Terms of Use shall become effective as of the date of being published on the Website.
  • 3. MAEM shall have the right to modify, suspend or terminate operation of the Website.
  • 4. MAEM reserves the right to change the Terms of Use at any time. Change of the Terms of Use shall take effect as of the date of posting the amended Terms of Use on the Website.
  • 5. Any disputes arising out of or in connection with the Terms of Use shall be resolved by the court of competent jurisdiction over the seat of MAEM, subject to provisions of alternative jurisdiction of consumer cases.


Krakow, 6 December 2018