Terms for the Provision of Electronic Services
CHAPTER 1. DEFINITIONS
The definitions used in the Terms of Service provided electronically have the following meanings:
1. Customer – a natural person, legal person or organizational unit without legal personality, purchasing Products from Prouvé;
2. Customer Account – an account on the Prouvé Website, provided by Prouvé, which the Customer can log into after entering a login and password;
3. Prouvé Brand (Brand) – all rights (including copyrights and industrial property rights) vested in Prouvé to trade names, trademarks or industrial designs, filed or registered by Prouvé with the Polish Patent Office, the European Union Intellectual Property Office (EUIPO), the World Intellectual Property Organization (WIPO) or the patent office of a given country;
4. Products – goods offered by Prouvé under the Prouvé Brand;
5. Prouvé (Service Provider) – Prouvé spółka z ograniczoną odpowiedzialnością sp. k. with its registered office at: ul. Wyścigowa 56H, 53-012 Wrocław, entered in the register of entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS No.: 0000665414, NIP: 8992810863, REGON: 366657707, e-mail: info@prouve.com;
6. GDPR – 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);
7. Prouvé Website (Website) – an online service owned by Prouvé, which includes the Prouvé Online Store and the Customer Account, available at: www.prouve.com;
8. Prouvé Online Store (Store) – the part of the Prouvé Website available to Customers that enables concluding sales agreements for Products with Prouvé;
9. Services – services provided by Prouvé via the Website or by means of electronic communication, including email, in accordance with the Terms, provided remotely without the simultaneous presence of the parties;
10. Service Recipient – a natural person, legal person or organizational unit without legal personality, using the Prouvé Website or other Services, in accordance with the Terms;
11. Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Dz.U. 2024 item 1513, as amended);
12. Terms (Terms of Service) – Terms of Service provided electronically.
CHAPTER 2. GENERAL PROVISIONS
1. The Terms of Service provided electronically have been issued on the basis of Article 8(1)(1) of the Act on the Provision of Services by Electronic Means.
2. Prouvé offers the Service Recipients the Services specified in the Terms.
3. Use of the Services by the Service Recipient is free of charge.
4. The headings used in these Terms are for organizational and informational purposes only and will not affect the interpretation of the provisions contained herein.
5. The Website may publish archival information which, by design, may not reflect the current state of affairs and is made available for informational purposes only.
6. Prouvé reserves the right to modify the content of the Website at any time, without any obligation to update the information posted therein. The Customer undertakes to independently monitor changes made on the Website.
7. Prouvé reserves the right to modify, suspend or discontinue the provision of the Services – in whole or in part – at any time and without notice.
CHAPTER 3. SCOPE OF SERVICES PROVIDED BY PROUVÉ
1. Prouvé provides the following Services electronically or within the Prouvé Website:
1) access to general information about Prouvé,
2) access to Customer Account registration,
3) access to the Prouvé Online Store after logging into the Customer Account at: www.prouve.com or without logging in, where the Customer can purchase Products offered by Prouvé, with the detailed rules for placing orders and their fulfillment, as well as the complaint procedure related to the conclusion of a sales agreement, governed by a separate "Prouvé Online Store Terms and Conditions", the content of which is available in the Online Store at: www.prouve.com,
4) access to the Customer Account after logging in at: www.prouve.com, within which the Customer gains access to orders placed by them,
5) sending requested commercial information (i.e., information intended to promote the products or services of the Prouvé Brand, Prouvé company) by means of electronic communication, including email.
2. Access to the Services indicated in sec. 1 items 1)-3) is available to all Internet users, without the need to meet additional requirements, in particular registration or logging in at: www.prouve.com.
3. Access to the Services indicated in sec. 1 item 4) is available only to Customers who successfully log in to the Customer Account available at: www.prouve.com.
4. Access to the Service indicated in sec. 1 item 5) is available only to Customers who have given consent to receive commercial information and consent to the use of telecommunications terminal equipment for direct marketing purposes, along with consent to the processing of personal data for marketing purposes.
5. The Service indicated in sec. 1 item 5) is provided at times and with a frequency unilaterally determined by Prouvé.
CHAPTER 4. TECHNICAL REQUIREMENTS AND CONDITIONS FOR SERVICE PROVISION
1. Use of the Services is possible if the Service Recipient’s ICT system meets at least the following requirements:
1) has Internet access,
2) has access to the following web browsers: Internet Explorer version 11 or higher, Mozilla Firefox version 53.0 or higher, Google Chrome version 58.0 or higher, Opera version 44.0 or higher, Safari version 5.1 or higher,
3) the browser accepts cookies,
4) the website is displayed at a resolution of at least 1024 x 768 pixels,
5) has access to Java, JavaScript, Acrobat Reader, if the given Service requires it,
6) has an active and properly configured email account (email address), if the given Service requires it.
2. Prouvé declares that, in order to learn about the interests and needs of the Service Recipient, it uses a cookies mechanism which, by saving short text information on the Service Recipient’s computer, allows their identification and thus makes it possible to learn their interests and behavior. The Service Recipient can determine the conditions for storing or accessing the above information via the settings of the software used to browse the Prouvé Website. Privacy terms, including information regarding cookies, can be found in the Privacy Policy available at: www.prouve.com.
3. The Service Recipient is obliged to use the Services, including the Prouvé Website:
1) in a manner consistent with the provisions of the Terms of Service and in accordance with generally applicable Polish law,
2) in a way that does not disrupt the functioning of the Website, in particular through the use of specific software or devices.
4. In addition, the Service Recipient undertakes to:
1) not provide or transmit unlawful content, in particular content that infringes personal rights, intellectual property rights, including copyrights, of both Prouvé and third parties, or violates principles of social coexistence or good manners,
2) not send or post unsolicited commercial information (so-called spam) on the Website,
3) not disclose authorization data for the Customer Account to third parties,
4) not use other Customers’ Accounts, and not undertake any actions aimed at obtaining authorization data for another Customer’s Account.
5. Prouvé shall not be liable for the inability of the Service Recipient to correctly use the Website and the Services offered through it as a result of technical problems or technical limitations occurring in the computer system, ICT system, or telecommunications infrastructure used by the Service Recipient.
6. Prouvé does not guarantee constant availability of the Website or its error-free operation.
7. Prouvé may suspend the operation of the Website due to the necessity of carrying out specific work on it, e.g., maintenance or work related to the extension or modification of the Services provided via the Website.
8. Prouvé is not responsible for content posted on external websites whose URLs are provided on the Prouvé Website, nor for decisions made by the Service Recipient based on information posted on the Website.
CHAPTER 6. COMMENTS, REVIEWS AND OTHER MATERIALS PROVIDED BY THE CUSTOMER
1. If, at Prouvé’s request, the Customer sends certain materials (e.g., contest entries), or if the Customer, on their own initiative, provides any content such as ideas, suggestions, proposals, plans or other materials – regardless of the method of transmission (online, by email, by traditional mail or another communication channel) – collectively referred to as "comments", the Customer agrees that Prouvé may freely, without restrictions and without remuneration, edit, copy, publish, distribute, translate and use such comments in any media.
2. Prouvé is under no obligation to:
1) maintain the confidentiality of comments,
2) pay any remuneration for their use,
3) respond to submitted comments.
3. Prouvé reserves the right, but not the obligation, to monitor, edit, or remove content that it deems unlawful, offensive, threatening, defamatory, vulgar, obscene, infringing intellectual property rights, or otherwise objectionable, as well as content inconsistent with the provisions of the Terms.
4. The Customer declares that the comments they provide do not infringe any third-party rights, in particular copyrights, trademark rights, rights to privacy, personal rights, or other proprietary or non-proprietary rights.
5. The Customer undertakes that the comments will not contain defamatory, unlawful, offensive, or obscene content, nor any malicious code or viruses that could disrupt the operation of the Website or related systems.
6. The Customer undertakes not to use a false email address, not to impersonate another person, and not to mislead Prouvé or third parties as to the origin of the comments.
7. The Customer bears full responsibility for the content and accuracy of the comments provided.
8. Prouvé is not responsible for comments published by Customers or third parties.
CHAPTER 7. PROHIBITED USE
1. In addition to the prohibitions resulting from other provisions of the Terms, it is prohibited to use the Prouvé Website or its content in particular for the following purposes:
1) inducing others to engage in unlawful activities,
2) harassing, defaming, insulting, discriminating against, or intimidating any person, including on the basis of gender, sexual orientation, religion, ethnic origin, race, age, nationality, or disability,
3) disseminating false or misleading information,
4) transmitting viruses, malicious code, or other content that may disrupt the operation of the Website, other websites, or the Internet network,
5) collecting personal data of other Users without their knowledge or consent,
6) engaging in phishing, pharming, impersonation, automated searching (spidering, crawling) or scraping content,
7) engaging in indecent, immoral activities or activities contrary to good manners,
8) disrupting, circumventing security, or attempting to gain unauthorized access to the Website, related websites, or ICT systems.
2. The Service Recipient undertakes not to copy, duplicate, sell, resell, or use for commercial purposes any elements of the Prouvé Website, Products, or Services without Prouvé’s express written consent.
3. In the event of a breach of any of the above prohibitions, Prouvé reserves the right to immediately block access to the Website and discontinue the provision of Services to the Service Recipient who committed the breach.
CHAPTER 8. LOGGING IN TO THE CUSTOMER ACCOUNT
1. Only a registered Service Recipient who is a Customer may log in to the Customer Account on the Prouvé Website.
2. Logging into the Customer Account on the Prouvé Website is done by entering the login, which is the email address provided to Prouvé by the Customer, and an individual password.
3. The Service Recipient is obliged not to disclose authorization data for the Customer Account to third parties and is responsible for any consequences of disclosing such data.
4. Prouvé will take all technically feasible and reasonable steps to protect the data collected in the Customer Account against access and interference by third parties, as well as against unauthorized use of the Account.
CHAPTER 9. PERSONAL DATA
1. As part of providing the Services, Prouvé processes the personal data of the Service Recipient who is a natural person in accordance with generally applicable law, including the GDPR and the Act on the Provision of Services by Electronic Means.
2. In connection with the provision of the Service of sending requested commercial information, indicated in Chapter 3 sec. 1 item 5), Prouvé processes the following personal data of the Service Recipient: first and last name, email address.
3. In connection with complaints submitted by the Service Recipient regarding the Services under the provisions of Chapter 11, Prouvé processes the following personal data of the Service Recipient: first and last name, email address, correspondence address.
4. In connection with orders placed by the Customer in the Online Store, Prouvé processes the following personal data of the Service Recipient: first and last name, email address, correspondence address, phone number.
5. Providing personal data by the Service Recipient is entirely voluntary and is not related to any legal or contractual obligation. However, without providing it, it is not possible to provide the Service to the Service Recipient or to consider a complaint.
6. The controller of the Service Recipient’s personal data is Prouvé spółka z ograniczoną odpowiedzialnością sp. k. with its registered office at: ul. Wyścigowa 56H, 53-012 Wrocław, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS No.: 0000665414, NIP: 8992810863, REGON: 366657707, tel.: +48 786 222 324, e-mail: info@prouve.com; do@prouve.com, website: www.prouve.com.
7. The processing of personal data may take place for the purpose of providing the Service or considering a complaint, on the following legal basis or bases:
1) consent given by the Service Recipient (Article 6(1)(a) GDPR) or
2) the processing of personal data is necessary for the conclusion or performance of a contract for the provision of the Service (Article 6(1)(b) GDPR),
3) the processing of personal data is necessary to comply with a legal obligation incumbent on Prouvé, including to consider complaints (Article 6(1)(c) GDPR),
4) the processing of personal data is carried out for the purpose of direct marketing of Prouvé’s own products or services and thus results from Prouvé’s legitimate interests (Article 6(1)(f) GDPR).
8. Prouvé may also process the Service Recipient’s personal data for the purpose of pursuing potential claims or defending against claims – in the event of a dispute arising in connection with the provision of the Services (Article 6(1)(f) GDPR).
9. The Service Recipient’s personal data will be processed for the period during which Prouvé provides Services to the Service Recipient or the period for handling complaints referred to in the provisions of Chapter 11, or for the limitation period for claims.
10. The Service Recipient’s personal data processed in accordance with secs. 2–4 above will not be transferred to third countries or international organizations. They may, however, be transferred to the following groups of recipients:
1) persons authorized by Prouvé, acting within its internal structure;
2) other entities processing personal data on behalf of Prouvé, such as: providers of email services, IT services, and Prouvé spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław;
3) other data recipients to the extent and on the terms specified by law, including competent authorities.
11. Prouvé may carry out automated decision-making, including profiling of the Service Recipient’s personal data. Profiling will consist of possibly proposing the best-matched Products to the Service Recipient or sending the best-matched information; however, binding decisions will not be automated.
12. Data provided by the Service Recipient (except for payment data, which is always encrypted) may be transmitted without additional encryption and may be transmitted through various ICT networks and adapted to the technical requirements of those networks or devices.
13. Under the conditions specified in the GDPR, the Service Recipient has the right to:
1) withdraw consent to the processing of personal data without affecting the lawfulness of processing based on consent before its withdrawal – insofar as the processing of personal data is based on consent and no other ground for processing applies,
2) request access to the content of their personal data and its rectification, erasure or restriction of processing,
3) object to the processing of personal data, including profiling,
4) data portability,
5) lodge a complaint with a supervisory authority (PUODO, ul. Stawki 2, 00-193 Warsaw).
14. Other information regarding the protection of personal data can be found in the Privacy Policy, available at: www.prouve.com.
CHAPTER 10. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights, including copyrights and industrial property rights, to the Prouvé Website (in particular its structure, graphic layout, content, graphics, photos, audio and video materials, word-and-graphic marks, databases, and the Prouvé Brand) are vested in Prouvé or third parties with whom Prouvé has concluded appropriate agreements.
2. The Service Recipient has the right to use materials made available on the Website only within the scope of permitted use defined by law or on the basis of Prouvé’s prior, explicit written consent.
3. Any copying, modification, distribution, publication, reproduction, or commercial use of materials contained on the Website without Prouvé’s consent constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
CHAPTER 11. COMPLAINTS
1. The Service Recipient may submit a complaint regarding the Services within 7 days from the date on which the event giving rise to the complaint occurred:
1) in writing – to the address: Prouvé spółka z ograniczoną odpowiedzialnością sp. k., ul. Wyścigowa 56H, 53-012 Wrocław, with the note: Website/Services – Complaints;
2) electronically – to: info@prouve.com.
2. The complaint should indicate:
1) the Service Recipient’s first and last name,
2) the Service Recipient’s correspondence address,
3) the reason for the complaint and its exact description.
3. The complaint is examined within 7 days from the date of its effective submission. Prouvé shall promptly inform the Service Recipient of the method of handling the complaint electronically – to the email address indicated by them or in writing.
CHAPTER 12. PROVISION OF THE SERVICE OF SENDING COMMERCIAL INFORMATION
1. Prouvé provides the service of sending commercial information (including a newsletter) electronically only on the basis of the Service Recipient’s prior consent.
2. The Service Recipient may withdraw consent to receive commercial information at any time by clicking the appropriate link in the message received or by sending a statement to: info@prouve.com.
3. The contract for the provision of the service of sending commercial information is concluded at the moment the Service Recipient gives consent and is automatically terminated when such consent is withdrawn.
CHAPTER 13. TERMINATION OF USE OF THE PROUVÉ WEBSITE
1. The Service Recipient may, at any time, resign from using the Prouvé Website, including the Services provided through it.
2. The Customer may, at any time, resign from using the Website, including the Services provided through it, by deleting the Account or submitting an appropriate statement to: info@prouve.com.
3. Prouvé may deprive the Service Recipient of the right to use the Website, as well as limit their access to part or all of the resources of the Website, including the Services offered within the Website, with immediate effect, in the event of a breach by the Service Recipient of the provisions of Chapter 4 secs. 3–4, Chapter 6 secs. 4–6, Chapter 7 secs. 1–2 of the Terms of Service or applicable law.
4. A Service Recipient who has been deprived of the right to use the Website may not, without Prouvé’s prior consent, re-register on the Website.
CHAPTER 14. FINAL PROVISIONS
1. These Terms of Service provided electronically are effective from 1 July 2025.
2. Prouvé reserves the right to make changes to the Terms in particular in the event of:
1) adding new functionalities or services,
2) implementing a new version of the Website,
3) the necessity to update the information contained in the Terms,
4) changes in applicable law affecting the content of the Terms.
3. Information about changes to the Terms will be published on the Website at: www.prouve.com. A Service Recipient who does not accept the changes to the Terms has the right to terminate the contract for the provision of Services with immediate effect.
4. Matters not regulated by the provisions of the Terms of Service are governed by the provisions of generally applicable Polish law.
